| (a) Definitions. Words and terms used in this subchapter
that are defined in the Finance Code, §59.301, have the same
meanings as defined in the Finance Code.
(b) Measurement of candlefoot power. For purposes of
measuring compliance with the Finance Code, §59.307, candlefoot
power should be determined under normal, dry weather conditions, without
complicating factors such as fog, rain, snow, sand or dust storm,
or other similar condition.
(c) Leased premises.
(1) Noncompliance by landlord. Pursuant to the Finance
Code, §59.306, the landlord or owner of property is required
to comply with the safety procedures of the Finance Code, Chapter
59, Subchapter D, if an access area or defined parking area for an
unmanned teller machine is not controlled by the owner or operator
of the unmanned teller machine. If an owner or operator of an unmanned
teller machine on leased premises is unable to obtain compliance with
safety procedures from the landlord or owner of the property, the
owner or operator shall notify the landlord in writing of the requirements
of the Finance Code, Chapter 59, Subchapter D, and of those provisions
for which the landlord is in noncompliance.
(2) Enforcement. Noncompliance with safety procedures
required by the Finance Code, Chapter 59, Subchapter D, by a landlord
or owner of property after receipt of written notification from the
owner or operator constitutes a violation of the Finance Code, Chapter
59, Subchapter D, which may be enforced by the Texas Attorney General.
(d) Safety evaluations.
(1) The owner or operator of an unmanned teller machine
shall evaluate the safety of each machine on a basis no less frequently
than annually.
(2) The safety evaluation shall consider at the least
the factors identified in the Finance Code, §59.308.
(3) The owner or operator of the unmanned teller machine
may provide the landlord or owner of the property with a copy of the
safety evaluation if an access area or defined parking area for an
unmanned teller machine is not controlled by the owner or operator
of the machine.
(e) Notice. An issuer of access devices shall furnish
its customers with a notice of basic safety precautions that each
customer should employ while using an unmanned teller machine. The
notice must be personally delivered or sent to each customer whose
mailing address is in this state, according to records for the account
to which the access device relates, and may be included with other
disclosures related to the access device, including an initial or
periodic disclosure statement furnished under the Electronic Fund
Transfer Act (15 U.S.C. §1693 et seq.). The notice may be delivered
electronically if permissible under Business & Commerce Code, §322.008.
(1) When notice is required. The issuer must furnish
the notice to its customer whenever an access device is issued or
renewed. If the issuer furnishes an access device to more than one
customer on the same account, the issuer is not required to furnish
the notice to more than one of the customers.
(2) Content of notice. The notice of basic safety precautions
required by this subsection may include recommendations or advice
regarding:
(A) security at walk-up and drive-up unmanned teller
machines, such as recommendations that the customer should:
(i) remain aware of surroundings and exercise caution
when withdrawing funds;
(ii) inspect an unmanned teller machine before use
for possible tampering, or for the presence of an unauthorized attachment
that could capture information from the access device or the customer's
personal identification number;
(iii) refrain from displaying cash and put it away
as soon as the transaction is completed; and
(iv) wait to count cash until the customer is in the
safety of a locked enclosure, such as a car or home;
(B) protection of the customer's code or personal identification
number, such as a recommendation that the customer ensure no one can
observe entry of the customer's code or personal identification number;
(C) safeguarding and protection of the customer's access
device, such as a recommendation that the customer treat the access
device as if it were cash, and if the access device has an embedded
chip, that the customer keep the access device in a safety envelope
to avoid undetected and unauthorized scanning;
(D) procedures for reporting a lost or stolen access
device and for reporting a crime;
(E) reaction to suspicious circumstances, such as a
recommendation that a customer who observes suspicious persons or
circumstances, while approaching or using an unmanned teller machine,
should not use the unmanned teller machine at that time or, if the
customer is in the middle of a transaction, should cancel the transaction,
take the access device, leave the area, and come back at another time,
or use an unmanned teller machine at another location;
(F) safekeeping and secure disposition of unmanned
teller machine receipts;
(G) the inadvisability of surrendering information
about the customer's access device over the telephone or over the
Internet, unless to a trusted merchant in a call or transaction initiated
by the customer;
(H) protection against unmanned teller machine fraud,
such as a recommendation that the customer promptly review the customer's
monthly statement and compare unmanned teller machine receipts against
the statement;
(I) protection against Internet fraud, such as a recommendation
that the customer, if purchasing online with the access device, should
end transactions by logging out of websites instead of just closing
the web browser; and
(J) other recommendations that the issuer reasonably
believes are appropriate to facilitate the security of its unmanned
teller machine customers.
(f) Video surveillance equipment. Video surveillance
equipment is not required to be installed at all unmanned teller machines.
The owner or operator must determine whether video surveillance or
unconnected video surveillance equipment should be installed at a
particular unmanned teller machine site, based on the safety evaluation
required under the Finance Code, §59.308. If an owner or operator
determines that video surveillance equipment should be installed,
the owner or operator must provide for selecting, testing, operating,
and maintaining appropriate equipment.
(g) Unmanned teller machines located in a bank vestibule.
The provisions of the Finance Code, Chapter 59, Subchapter D, and
this section are applicable to an unmanned teller machine located
in a bank vestibule if there is 24 hour access to the vestibule from
outside the building.
(h) Certification of Compliance. The security officer
of each depository shall certify compliance with the Finance Code,
Chapter 59, Subchapter D, and this section on a basis no less frequently
than annually.
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| Source Note: The provisions of this §3.92 adopted to be effective January 5, 1996, 20 TexReg 10997; amended to be effective November 22, 1996, 21 TexReg 11099; amended to be effective November 13, 1997, 22 TexReg 10949; amended to be effective March 9, 2006, 31 TexReg 1643; amended to be effective March 12, 2015, 40 TexReg 1062; amended to be effective July 5, 2018, 43 TexReg 4451 |
