Section 72.051 - Required Deletion of Certain Electronic Records(a) In this section, "law enforcement agency" has the meaning assigned by Article 59.01, Code of Criminal Procedure.(b) This section applies only to a business that accepts checks from customers in the ordinary course of business. This section does not apply to a financial institution as defined by 31 U.S.C. Section 5312(a)(2), as amended.(c) A business shall delete any electronic record indicating that a customer has issued a dishonored check or any other information except for a checking account number or bank routing transit number on which the business bases a refusal to accept a check from a customer. The record must be deleted not later than the 30th day after the date: (1) the customer and the business agree that the information contained in the electronic record is incorrect; or(2) the customer presents to the business: (A) a copy of a report filed by the customer with a law enforcement agency stating that the dishonored check was unauthorized; and(B) a written statement of the customer indicating that the dishonored check was unauthorized.(d) A business that violates Subsection (c) is liable to this state for a civil penalty in an amount not to exceed $1,000. The attorney general may:(1) bring an action to recover the civil penalty; and(2) recover reasonable expenses incurred in recovering the penalty, including court costs, reasonable attorney's fees, investigative costs, witness fees, and deposition expenses.Tex. Bus. and Comm. Code § 72.051
Added by Acts 2007, 80th Leg., R.S., Ch. 885, Sec. 2.01, eff. 4/1/2009.