Tex. Bus. & Com. Code Section 3.501
Presentment


(a)

“Presentment” means a demand made by or on behalf of a person entitled to enforce an instrument to:

(1)

pay the instrument made to the drawee or a party obliged to pay the instrument or, in the case of a note or accepted draft payable at a bank, to the bank; or

(2)

accept a draft made to the drawee.

(b)

The following rules are subject to Chapter 4 (Business Opportunities and Agreements), agreement of the parties, and clearing-house rules and the like:

(1)

Presentment may be made at the place of payment of the instrument and must be made at the place of payment if the instrument is payable at a bank in the United States. Presentment may be made by any commercially reasonable means, including an oral, written, or electronic communication. Presentment is effective:

(A)

when the demand for payment or acceptance is received by the person to whom presentment is made; and

(B)

if made to any one of two or more makers, acceptors, drawees, or other payors.

(2)

On demand of the person to whom presentment is made, the person making presentment must:

(A)

exhibit the instrument;

(B)

give reasonable identification and, if presentment is made on behalf of another person, reasonable evidence of authority to do so; and

(C)

sign a receipt on the instrument for any payment made or surrender the instrument if full payment is made.

(3)

Without dishonoring the instrument, the party to whom presentment is made may:

(A)

return the instrument for lack of a necessary indorsement; or

(B)

refuse payment or acceptance for failure of the presentment to comply with the terms of the instrument, an agreement of the parties, or other applicable law or rule.

(4)

The party to whom presentment is made may treat presentment as occurring on the next business day after the day of presentment if the party to whom presentment is made has established a cutoff hour not earlier than 2 p.m. for the receipt and processing of instruments presented for payment or acceptance and presentment is made after the cutoff hour.
Amended by Acts 1995, 74th Leg., ch. 921, Sec. 1, eff. Jan. 1, 1996.

Source: Section 3.501 — Presentment, https://statutes.­capitol.­texas.­gov/Docs/BC/htm/BC.­3.­htm#3.­501 (accessed Mar. 23, 2024).

3.101
Short Title
3.102
Subject Matter
3.103
Definitions
3.104
Negotiable Instrument
3.105
Issue of Instrument
3.106
Unconditional Promise or Order
3.107
Instrument Payable in Foreign Money
3.108
Payable on Demand or at Definite Time
3.109
Payable to Bearer or to Order
3.110
Identification of Person to Whom Instrument Is Payable
3.111
Place of Payment
3.112
Interest
3.113
Date of Instrument
3.114
Contradictory Terms of Instrument
3.115
Incomplete Instrument
3.116
Joint and Several Liability
3.117
Other Agreements Affecting Instrument
3.118
Statute of Limitations
3.119
Notice of Right to Defend Action
3.201
Negotiation
3.202
Negotiation Subject to Rescission
3.203
Transfer of Instrument
3.204
Indorsement
3.205
Special Indorsement
3.206
Restrictive Indorsement
3.207
Reacquisition
3.301
Person Entitled to Enforce Instrument
3.302
Holder in Due Course
3.303
Value and Consideration
3.304
Overdue Instrument
3.305
Defenses and Claims in Recoupment
3.306
Claims to an Instrument
3.307
Notice of Breach of Fiduciary Duty
3.308
Proof of Signatures and Status as Holder in Due Course
3.309
Enforcement of Lost, Destroyed, or Stolen Instrument
3.310
Effect of Instrument on Obligation for Which Taken
3.311
Accord and Satisfaction by Use of Instrument
3.312
Lost, Destroyed, or Stolen Cashier’s Check, Teller’s Check, or Certified Check
3.401
Signature
3.402
Signature by Representative
3.403
Unauthorized Signature
3.404
Impostors
3.405
Employer’s Responsibility for Fraudulent Indorsement by Employee
3.406
Negligence Contributing to Forged Signature or Alteration of Instrument
3.407
Alteration
3.408
Drawee Not Liable on Unaccepted Draft
3.409
Acceptance of Draft
3.410
Acceptance Varying Draft
3.411
Refusal to Pay Cashier’s Checks, Teller’s Checks, and Certified Checks
3.412
Obligation of Issuer of Note or Cashier’s Check
3.413
Obligation of Acceptor
3.414
Obligation of Drawer
3.415
Obligation of Indorser
3.416
Transfer Warranties
3.417
Presentment Warranties
3.418
Payment or Acceptance by Mistake
3.419
Instruments Signed for Accommodation
3.420
Conversion of Instrument
3.501
Presentment
3.502
Dishonor
3.503
Notice of Dishonor
3.504
Excused Presentment and Notice of Dishonor
3.505
Evidence of Dishonor
3.506
Processing Fee by Holder of Payment Device
3.507
Delivery Notification Fee by Holder of Check or Similar Sight Order
3.601
Discharge and Effect of Discharge
3.602
Payment
3.603
Tender of Payment
3.604
Discharge by Cancellation or Renunciation
3.605
Discharge of Secondary Obligors

Accessed:
Mar. 23, 2024

§ 3.501’s source at texas​.gov