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Relating to the establishment of a registry for and requiring the registration of certain unmanned teller machines; imposing a fee; providing a civil penalty.
No significant fiscal implication to the State is anticipated.
HB 2629 would require all ATMs in the state not owned or operated by a bank to be registered before being available for public use. The owner of an applicable ATM would have to submit an application to the Texas Department of Banking that includes information on the owner and the business it is located on. The Texas Finance Commission would be required to charge an application fee of between $5 and $25 per ATM but below $200 total, regardless of the number of ATMs. If enacted, each registered ATM would have to display a registration sticker containing information on the owner and business. The Texas Department of Banking would be required to maintain registry of registered ATMs on their website.
HB 2629 would make violators of these new regulations civilly liable for between $50 and $500 for each violation but below $2,000 total. The Attorney General would be permitted to bring a civil action against any violator.
Texas Action opposes HB 2629 because it would violate the principles of individual liberty, limited government, and free markets. Requiring all ATMs not owned by a bank to be registered would create an unnecessary added cost to running a business. Individuals and businesses should be free to operate ATMs on their property without registering it with the state.