FINANCE CODE
CHAPTER 125. CREDIT UNION ACCOUNTS AND SERVICES
SUBCHAPTER A. GENERAL PROVISIONS
§ 125.001. DEFINITION. In this chapter,
"multiple-party account" has the meaning assigned by Section 436,
Texas Probate Code, except that the term includes an account in
which one or more of the parties is an organization, association,
corporation, or partnership.
Acts 1997, 75th Leg., ch. 1008, § 1, eff. Sept. 1, 1997.
§ 125.002. SHARE ACCOUNT. (a) Shares and membership
shares shall be subscribed to and paid for in the manner prescribed
by the bylaws. A credit union may limit the number of shares that
may be owned by a member, but any such limitation must be applied
equally to all members.
(b) A credit union may require credit union members to
subscribe to and make payments on membership shares. Membership
shares may not be pledged as security on any loan.
(c) The board of directors may establish different classes
of share accounts classified in relation to different rights,
restrictions, par value, and dividend rates.
(d) A joint account may hold more than one membership share,
supporting membership for more than one member of the credit union.
Acts 1997, 75th Leg., ch. 1008, § 1, eff. Sept. 1, 1997. Amended
by Acts 2003, 78th Leg., ch. 533, § 41, eff. Sept. 1, 2003.
§ 125.003. DEPOSIT ACCOUNTS. A deposit account
consists of payments made under an agreement between the credit
union and a depositor, including a draft account, checking account,
savings account, certificate of deposit, individual development
account, or other similar account or arrangement.
Acts 1997, 75th Leg., ch. 1008, § 1, eff. Sept. 1, 1997. Amended
by Acts 2003, 78th Leg., ch. 533, § 42, eff. Sept. 1, 2003.
§ 125.004. CONSTRUCTION WITH OTHER LAWS. This chapter
may not be construed to conflict with the laws of the United States
or the laws of this state governing the taxation of multiple-party
accounts.
Acts 1997, 75th Leg., ch. 1008, § 1, eff. Sept. 1, 1997.
SUBCHAPTER B. MULTIPLE-PARTY ACCOUNTS
§ 125.101. FORM OF ACCOUNT. (a) A member of a credit
union or of a federal credit union doing business in this state may
designate one or more persons to own a share or deposit account with
the member in a multiple-party account.
(b) The account may provide for a right of survivorship.
Acts 1997, 75th Leg., ch. 1008, § 1, eff. Sept. 1, 1997.
§ 125.102. POWERS OF ACCOUNT HOLDERS. (a) A party to a
multiple-party account may make a payment on a share or deposit
account and a withdrawal subject to the account agreement.
(b) A party to the account may not vote in matters
pertaining to, obtain a loan through, or hold office in the credit
union unless the party is a member of the credit union.
Acts 1997, 75th Leg., ch. 1008, § 1, eff. Sept. 1, 1997.
§ 125.103. POWERS OF MEMBERS RELATING TO
ACCOUNT. Subject to a policy adopted by the board, a member of a
credit union by written notice to the credit union may:
(1) change or cancel a multiple-party account
designation;
(2) change the form of the account; or
(3) stop or vary payment under the terms of the
account.
Acts 1997, 75th Leg., ch. 1008, § 1, eff. Sept. 1, 1997.
§ 125.104. OWNERSHIP INTEREST. (a) The parties to a
multiple-party account are presumed to own the account in equal
undivided interests unless:
(1) the account agreement provides otherwise; or
(2) satisfactory proof of the net contributions to the
account exists.
(b) The net contribution of a party to a multiple-party
account is computed by adding:
(1) the total amount of all of the payments on a share
or deposit made by or for the party, less the amount of all of the
withdrawals made by or for the party that have not been paid to or
applied for the use of another party;
(2) the pro rata share of interest or dividends
included in the current balance of the account; and
(3) any life insurance proceeds added to the account
because of the death of the party.
Acts 1997, 75th Leg., ch. 1008, § 1, eff. Sept. 1, 1997.
§ 125.105. DISCHARGE OF LIABILITY ON PAYMENT. Payment
of all or part of a multiple-party account to a party to the account
discharges the credit union's liability to each party to the extent
of the payment.
Acts 1997, 75th Leg., ch. 1008, § 1, eff. Sept. 1, 1997.
§ 125.106. DIVISION OF ACCOUNT ON DEATH. (a) Unless
otherwise provided by the account agreement or a trust agreement,
the only effect the death of a party to a multiple-party account has
on the beneficial ownership of the account is to transfer the
decedent's right in the account to the decedent's estate.
(b) An account that does not expressly provide for right of
survivorship is presumed to be a nonsurvivorship account.
(c) If the credit union complies with an account agreement,
the credit union may pay money representing shares or deposits on
the order of a party either before or after the death of another
party.
(d) A credit union acting under Subsection (c) does not have
further liability for the amount paid.
Acts 1997, 75th Leg., ch. 1008, § 1, eff. Sept. 1, 1997.
§ 125.107. SETOFF OF ACCOUNT. Without qualifying
another statutory right to a setoff or lien and subject to a
contractual provision accepted by the credit union, a credit union
has the right of setoff against the entire amount of a
multiple-party account in which a party to the account is indebted
to the credit union.
Acts 1997, 75th Leg., ch. 1008, § 1, eff. Sept. 1, 1997.
SUBCHAPTER C. MINOR ACCOUNTS
§ 125.201. POWERS OF CREDIT UNION RELATING TO
ACCOUNT. A credit union may:
(1) open a share or deposit account in the name of a
minor;
(2) receive a payment on the account by or for the
minor;
(3) pay withdrawals;
(4) accept pledges to the credit union by or for the
minor; and
(5) act in any other matter with respect to an account
on the order of a minor.
Acts 1997, 75th Leg., ch. 1008, § 1, eff. Sept. 1, 1997.
§ 125.202. VOTING; OFFICE-HOLDING. (a) If permitted
by the credit union's bylaws, a minor:
(1) may vote in a meeting of the credit union's
members; and
(2) is eligible to hold an office or committee
membership in the credit union.
(b) A minor may not vote through a parent or guardian at a
meeting of the credit union's members.
Acts 1997, 75th Leg., ch. 1008, § 1, eff. Sept. 1, 1997.
§ 125.203. DISCHARGE OF LIABILITY ON PAYMENT; EFFECT ON
MINOR OF REQUIRED ACTION. (a) A payment or delivery of rights
made by a credit union or a federal credit union to any of the
following persons in connection with an account in the name of a
minor discharges the credit union or federal credit union to the
extent of the payment or delivery:
(1) the minor;
(2) a party to the account; or
(3) the parent or guardian of a deceased minor.
(b) The payment and a receipt, pledge, or other action
required by the credit union is binding on the minor as if the minor
had the capacity of an adult.
Acts 1997, 75th Leg., ch. 1008, § 1, eff. Sept. 1, 1997.
SUBCHAPTER D. TRUST ACCOUNT
§ 125.301. FORM OF ACCOUNT. (a) A credit union may
issue shares or receive a deposit:
(1) in a revocable trust, if:
(A) a settlor is a member of the credit union; or
(B) a trustee or a beneficiary is a member of the
credit union and the settlor is a member of the trustee's or
beneficiary's family as that term is defined by the board in a
written policy; or
(2) in an irrevocable trust, if a settlor, trustee, or
beneficiary is a member of the credit union.
(b) A credit union may rely on any information provided by
the trustee to determine whether a trust is revocable or
irrevocable.
Acts 1997, 75th Leg., ch. 1008, § 1, eff. Sept. 1, 1997. Amended
by Acts 1999, 76th Leg., ch. 87, § 4, eff. Sept. 1, 1999.
§ 125.302. LOANS TO NONMEMBER TRUSTEE. Subject to
limitations imposed by this subtitle or a rule adopted under this
subtitle, a credit union may make a fully secured loan to a
nonmember trustee to enable the trustee to perform or assist the
trustee in performing the trustee's fiduciary responsibilities.
Acts 1997, 75th Leg., ch. 1008, § 1, eff. Sept. 1, 1997.
§ 125.303. BENEFICIARY FEES. A beneficiary who is not a
member of a credit union is not required to pay a membership
entrance fee.
Acts 1997, 75th Leg., ch. 1008, § 1, eff. Sept. 1, 1997.
§ 125.304. LIMITATIONS PLACED ON BENEFICIARY. A
beneficiary who is not a member of a credit union may not vote in
matters pertaining to, obtain a loan through, or hold office in the
credit union.
Acts 1997, 75th Leg., ch. 1008, § 1, eff. Sept. 1, 1997.
§ 125.305. ACCOUNT TRANSACTION INQUIRIES. The credit
union is not required to inquire of a trustee the reason for a
transaction or the intended use for money withdrawn or borrowed.
Acts 1997, 75th Leg., ch. 1008, § 1, eff. Sept. 1, 1997.
§ 125.306. DISCHARGE OF LIABILITY ON PAYMENT. Payment
of all or part of the shares and deposits to a trustee or other
person authorized to request present payment on a trust account
discharges the liability of the credit union to each settlor,
trustee, and beneficiary to the extent of the payment.
Acts 1997, 75th Leg., ch. 1008, § 1, eff. Sept. 1, 1997.
§ 125.307. TERMINATION OF ACCOUNT. When a trust is
terminated, the credit union shall pay money remaining in a trust
account as:
(1) directed by the trustee;
(2) prescribed by the trust agreement; or
(3) provided by applicable law, in the absence of
direction from the trustee or by the trust agreement.
Acts 1997, 75th Leg., ch. 1008, § 1, eff. Sept. 1, 1997.
§ 125.308. EFFECT OF DEATH OF TRUSTEE ON
ACCOUNT. (a) The death of a trustee does not affect the ownership
or disposition of a trust account unless:
(1) the trust agreement provides otherwise; or
(2) there is not a surviving trustee, and:
(A) the account is a trust account subject to
Chapter XI, Texas Probate Code; or
(B) written evidence of the terms of the trust
does not exist.
(b) On the death of a trustee for a trust account for which
the death of a trustee affects the ownership disposition of the
account, the credit union shall pay out money in the trust account:
(1) in accordance with the trust agreement; or
(2) in the absence of written evidence of the terms of
the trust, to a beneficiary or any other person authorized by law to
request or receive payment.
Acts 1997, 75th Leg., ch. 1008, § 1, eff. Sept. 1, 1997.
§ 125.309. TRUST ACCOUNT WITH LIMITED
DOCUMENTATION. (a) For a trust account that is purported to be
opened under a written trust agreement, the trustee may provide the
credit union with a certificate of trust to evidence the trust
relationship. The certificate must be an affidavit of the trustee
and must include:
(1) the effective date of the trust;
(2) the name of the trustee;
(3) the name of or method for choosing a successor
trustee;
(4) the name and address of each beneficiary;
(5) the authority granted to the trustee;
(6) the information needed for disposition of the
trust account on the death of the trustee or the last survivor of
two or more trustees;
(7) an indemnification of the credit union; and
(8) any other information required by the credit
union.
(b) The credit union may accept and administer the trust
account, in accordance with the certificate of trust, without
requiring a copy of the trust agreement. The credit union is not
liable for administering the account as provided by the certificate
of trust, unless the credit union has actual knowledge that the
certificate of trust is contrary to the terms of the trust
agreement.
(c) On the death of the trustee or the last survivor of two
or more trustees and notwithstanding Section 125.308, the credit
union may pay all or part of the proceeds of the trust account as
provided by the certificate of trust. If the trustee did not
provide a certificate of trust, the credit union's right to treat
the account as owned by a trustee ceases on the death of the
trustee. On the death of the trustee or the last survivor of two or
more trustees, the credit union, unless the certificate of trust
provides otherwise, shall pay the proceeds of the account in equal
shares to each person who survives the trustee, is named as a
beneficiary in the certificate of trust, and can be located by the
credit union from the credit union's records. If there is no
certificate of trust, payment of the proceeds of an account shall be
made as provided by Section 125.308. Payment made under this
section for all or part of the proceeds of an account discharges any
liability of the credit union to the extent of the payment. The
credit union may pay all or part of the proceeds of an account in the
manner provided by this section, regardless of whether it has
knowledge of a competing claim, unless the credit union receives
actual knowledge that payment has been restrained by court order.
(d) This section does not require a credit union to accept
an account from a trustee or to search for the location of a named
beneficiary that is not named in its records.
(e) This section does not affect a contractual provision to
the contrary that otherwise complies with the laws of this state.
(f) For purposes of this section, "actual knowledge" is
presumed if a credit union possesses a copy of a trust agreement
that is certified as to authenticity by a settlor, trustee,
beneficiary, or an attorney for the settlor, trustee, or
beneficiary.
Added by Acts 2003, 78th Leg., ch. 533, § 43, eff. Sept. 1, 2003.
SUBCHAPTER E. THIRD-PARTY CLAIMS AND OTHER RIGHTS RELATING TO
ACCOUNTS
§ 125.401. THIRD-PARTY CLAIM. (a) In this section:
(1) "Credit union" includes:
(A) a credit union organized under the laws of
this state;
(B) a foreign credit union; and
(C) a federal credit union.
(2) "Out-of-state credit union" means a credit union
that:
(A) is not organized under the laws of this
state; and
(B) has its main or principal office in another
state or country.
(3) "Texas credit union" means a credit union that:
(A) is organized under the laws of this state or
federal law; and
(B) has its main or principal office in this
state.
(b) A credit union doing business in this state must be
served with citation or other appropriate process issued from a
court in connection with a suit instituted by a third party to
recover or establish an interest in a deposit or share account
before the credit union is required to:
(1) recognize the third party's claim;
(2) withhold payment of the account to any party to the
account; or
(3) withhold payment to the order of any party to the
account.
(c) A claim against a depositor, joint account owner, or
member of a credit union shall be delivered or otherwise served as
required or permitted by law at the address of the registered agent
of the credit union as designated in a registration filed under
Section 201.102 or 201.103, as applicable.
(d) A claim against a depositor, joint account owner, or
member of an out-of-state credit union that files a registration
statement under Section 201.102 or a Texas credit union that files a
registration statement under Section 201.103 is not effective with
respect to the credit union if the claim is served or delivered to
an address other than the address of the credit union's registered
agent as provided in the registration.
(e) To prevent or limit a credit union's compliance with or
response to a claim subject to this section, the depositor, joint
account owner, or member must seek an appropriate remedy, including
a restraining order, injunction, or protective order, to prevent or
suspend the credit union's response to a claim against the
depositor, joint account owner, or member.
(f) A credit union that does not register with the secretary
of state under Section 201.102 or 201.103 is subject to service or
delivery of all claims against depositors, joint account owners, or
members of the credit union or against the credit union itself by
serving the president or vice president of the credit union or as
otherwise provided by law.
Acts 1997, 75th Leg., ch. 1008, § 1, eff. Sept. 1, 1997. Amended
by Acts 2003, 78th Leg., ch. 533, § 44, eff. Sept. 1, 2003.
§ 125.402. DISCLOSURE OF RECORDS OF MEMBER;
CONFIDENTIALITY. (a) A credit union is not required to disclose
or produce to a third party or permit a third party to examine a
record pertaining to the affairs of a credit union member unless:
(1) the request is made in connection with an
examination or audit by a government agency authorized by law to
examine credit unions;
(2) the member consents to the disclosure or
production of the record; or
(3) the request is made by the department or is made in
response to:
(A) a subpoena or other court order; or
(B) an administrative subpoena or summons issued
by a state or federal agency as authorized by law.
(b) The commission may authorize the disclosure of
information relating to a credit union member under circumstances
and conditions that the commission determines are appropriate or
required in the daily operation of the credit union's business.
(c) The commission may adopt reasonable rules relating to
the:
(1) confidentiality of the accounts of credit union
members; and
(2) duties of the credit union to maintain that
confidentiality.
Acts 1997, 75th Leg., ch. 1008, § 1, eff. Sept. 1, 1997.
§ 125.403. RECOVERY OF DOCUMENT PRODUCTION EXPENSES FROM
THIRD PARTY. (a) A credit union or federal credit union doing
business in this state is entitled to recover from a third party the
reasonable cost actually incurred in disclosing or producing a
record under this subtitle or other applicable law unless the cost
was incurred in connection with an examination or audit by a
government agency authorized by law to examine credit unions.
(b) The cost incurred in disclosing or producing a record
includes the cost of reproduction, postage, or delivery.
Acts 1997, 75th Leg., ch. 1008, § 1, eff. Sept. 1, 1997.
§ 125.404. LIENS AND SETOFFS. (a) To the extent of a
member's direct or indirect indebtedness to a credit union, the
credit union has:
(1) a lien, enforceable with or without judicial
process, on the member's shares and deposits, accumulated
dividends, and interest; and
(2) a right to set off against the member's shares,
deposits, accumulated dividends, and interest.
(b) A credit union may allow a withdrawal to be made without
affecting the credit union's right to a setoff or lien.
Acts 1997, 75th Leg., ch. 1008, § 1, eff. Sept. 1, 1997.
§ 125.405. ACCOUNT WITHDRAWALS. (a) A credit union
may require not longer than 60 days' notice for a withdrawal from a
share or deposit account.
(b) The commissioner may impose an advance withdrawal
notice requirement following issuance of a cease and desist order
under Chapter 122. The commissioner by rule may require that a
requirement imposed under this subsection apply to all members of
the credit union.
(c) A membership share may not be withdrawn unless
membership in the credit union is terminated.
Acts 1997, 75th Leg., ch. 1008, § 1, eff. Sept. 1, 1997.
SUBCHAPTER F. SAFE DEPOSIT BOXES
§ 125.501. RENTAL OF SAFE DEPOSIT BOX. A credit union
or federal credit union may maintain and rent safe deposit boxes.
Acts 1997, 75th Leg., ch. 1008, § 1, eff. Sept. 1, 1997.
§ 125.502. RELATIONSHIP BETWEEN CREDIT UNION AND BOX
HOLDER. (a) In the absence of a contract to the contrary, the
relationship between a credit union and the renter of a safe deposit
box maintained at the credit union is that of lessor and lessee and
landlord and tenant. The rights and liabilities of the credit union
are governed by the law governing those relationships.
(b) The lessee is for all purposes in possession of the box
and its contents.
Acts 1997, 75th Leg., ch. 1008, § 1, eff. Sept. 1, 1997.
§ 125.503. ACCESS BY MORE THAN ONE PERSON. (a) In the
absence of a contract to the contrary, a credit union shall allow
each holder of a safe deposit box jointly held in the name of two or
more persons or a person other than the lessee designated in the
lease agreement:
(1) access to the box; and
(2) removal of its contents.
(b) A credit union is not responsible for damage arising
because a holder or other designated person had access to the box or
removed its contents.
(c) The death of a holder of a jointly held safe deposit box
does not affect the right of another holder or other designated
person to have access to and remove contents from the box.
Acts 1997, 75th Leg., ch. 1008, § 1, eff. Sept. 1, 1997. Amended
by Acts 1999, 76th Leg., ch. 87, § 5, eff. Sept. 1, 1999.
§ 125.504. RELOCATION OF SAFE DEPOSIT BOX; INVENTORY OF
CONTENTS. (a) Except as otherwise provided by this section,
Sections 125.505 through 125.507, Sections 36B through 36F, Texas
Probate Code, or other law, a credit union may not relocate a safe
deposit box rented for a term of six months or longer if the box
rental is not delinquent or may not open the box to relocate its
contents to another location, unless:
(1) the lessee is present when the box is opened or
relocated; or
(2) the lessee has given the credit union written
authorization to relocate the box or to open the box for purposes of
relocation.
(b) Storage conditions at the new box location must be at
least as secure as the conditions at the original location.
(c) If the box is opened during relocation, two employees
shall prepare a detailed inventory of the contents of the box. At
least one of the employees must be an officer or manager of the
credit union and a notary public.
(d) One lessee of a jointly held safe deposit box is
sufficient to personally supervise or give written authorization
for the box's relocation.
Acts 1997, 75th Leg., ch. 1008, § 1, eff. Sept. 1, 1997.
§ 125.505. NOTICE OF BOX RELOCATION. (a) A credit
union shall give a lessee of a safe deposit box at least 30 days'
notice of the box's relocation. The notice must state:
(1) the scheduled date and time of the relocation; and
(2) whether the box will be opened during the
relocation.
(b) If the lessee does not personally supervise the
relocation or give written authorization for the relocation, the
credit union shall notify the lessee of the new box number or
location not later than the 30th day after the date of the
relocation. The credit union must include a copy of the signed and
notarized inventory report required by Section 125.504(c) with the
notice.
(c) A notice required by this section must be sent by
certified mail, return receipt requested, to each lessee named in
the records of the credit union at the address shown in those
records.
Acts 1997, 75th Leg., ch. 1008, § 1, eff. Sept. 1, 1997.
§ 125.506. COST OF NOTICE AS BOX RENTAL. The credit
union may treat the cost of certified mailings incurred in
connection with each safe deposit box relocation other than the
cost of the first notice as box rental due and payable at the
expiration of the rental term.
Acts 1997, 75th Leg., ch. 1008, § 1, eff. Sept. 1, 1997.
§ 125.507. EMERGENCY RELOCATION OF SAFE DEPOSIT
BOX. (a) A credit union may relocate a safe deposit box or open
the box to relocate its contents to another location if the security
of the box is threatened or destroyed by an unforeseeable
circumstance beyond the credit union's control, including a natural
disaster such as a tornado, flood, or fire.
(b) Not later than the 90th day after the date on which the
box is relocated, the credit union shall notify each lessee in whose
name the box is held of the new box number or location. The notice
must be sent by certified mail, return receipt requested, to each
lessee named in the records of the credit union at the address shown
in those records.
Acts 1997, 75th Leg., ch. 1008, § 1, eff. Sept. 1, 1997.
§ 125.508. KEY IMPRINTING. (a) A credit union that
rents or permits access to a safe deposit box shall:
(1) imprint all keys issued to the box after September
1, 1992, with its routing number; or
(2) issue keys imprinted with the routing number.
(b) If available space on a key is insufficient for
imprinting the routing number, the credit union shall attach to the
key a tag imprinted with the routing number.
(c) If a credit union believes that the routing number
imprinted on a key, or a tag attached to a key, used to access a safe
deposit box has been altered or defaced in a manner that the correct
routing number is illegible, the credit union shall notify the
Department of Public Safety, on a form designated by the
commissioner, not later than the 10th day after the date the key is
used to access the box.
(d) This section does not require a credit union to inspect
the routing number imprinted on a key or an attached tag to
determine whether the number has been altered or defaced.
Acts 1997, 75th Leg., ch. 1008, § 1, eff. Sept. 1, 1997.
§ 125.509. LIABILITY FOR ACCESS TO OR REMOVAL OF
CONTENTS. A credit union that has identified the keys to a safe
deposit box in accordance with Section 125.508 and that follows
applicable law and the credit union's established security
procedures in permitting access to the box is not liable for damages
arising because of access to or removal of the box's contents.
Acts 1997, 75th Leg., ch. 1008, § 1, eff. Sept. 1, 1997.
§ 125.510. DELINQUENT RENTS. (a) If the rental of a
safe deposit box is delinquent for six months or longer, the credit
union may open the box only if:
(1) the credit union sends notice of the delinquency
to the lessee; and
(2) the rent is not paid before the date specified in
the notice.
(b) The notice must:
(1) be sent by certified mail, return receipt
requested, to the lessee named in the books of the credit union at
the address shown in those books; and
(2) specify a date by which payment must be made that
may not be before the 61st day after the date on which the notice is
mailed.
(c) The box must be opened in the presence of two employees,
and the credit union shall prepare a detailed inventory of the
contents of the box as provided by reporting instructions of the
comptroller. At least one of the employees must be an officer or
manager of the credit union and a notary public.
(d) The credit union shall place the contents of the box in a
sealed envelope or container that states the lessee's name. The
credit union shall hold the contents of the box subject to a lien
for:
(1) the box's rental;
(2) the cost of opening the box; and
(3) any damage in connection with the box.
Acts 1997, 75th Leg., ch. 1008, § 1, eff. Sept. 1, 1997.
§ 125.511. AUCTION OF CONTENTS. (a) If the rental,
cost, and damages determined under Section 125.510(d) are not paid
before the second anniversary of the date on which the box is
opened, the credit union may:
(1) sell all or part of the contents at a public
auction in the manner and on the notice prescribed for the sale of
real property under deed of trust under Section 51.002, Property
Code; and
(2) apply the sale proceeds to the rental, cost, and
damages.
(b) The credit union shall send to the comptroller as
provided by Chapter 74, Property Code:
(1) the unauctioned contents of a box; and
(2) any excess proceeds from the auction.
Acts 1997, 75th Leg., ch. 1008, § 1, eff. Sept. 1, 1997.
