Tex. Bus. & Com. Code Section 4.104
Definitions and Index of Definitions


(a)

In this chapter, unless the context otherwise requires:

(1)

“Account” means any deposit or credit account with a bank, including a demand, time, savings, passbook, share draft, or like account, other than an account evidenced by a certificate of deposit.

(2)

“Afternoon” means the period of a day between noon and midnight.

(3)

“Banking day” means the part of a day on which a bank is open to the public for carrying on substantially all of its banking functions.

(4)

“Clearing house” means an association of banks or other payors regularly clearing items.

(5)

“Customer” means a person having an account with a bank or for whom a bank has agreed to collect items, including a bank that maintains an account at another bank.

(6)

“Documentary draft” means a draft to be presented for acceptance or payment if specified documents, certificated securities (Section 8.102 (Definitions)) or instructions for uncertificated securities (Section 8.102 (Definitions)), or other certificates, statements, or the like are to be received by the drawee or other payor before acceptance or payment of the draft.

(7)

“Draft” means a draft as defined in Section 3.104 (Negotiable Instrument) or an item, other than an instrument, that is an order.

(8)

“Drawee” means a person ordered in a draft to make payment.

(9)

“Item” means an instrument or a promise or order to pay money handled by a bank for collection or payment. The term does not include a payment order governed by Chapter 4A (Funds Transfers) or a credit or debit card slip.

(10)

“Midnight deadline” with respect to a bank is midnight on its next banking day following the banking day on which it receives the relevant item or notice or from which the time for taking action commences to run, whichever is later.

(11)

“Settle” means to pay in cash, by clearing-house settlement, in a charge or credit or by remittance, or otherwise as agreed. A settlement may be either provisional or final.

(12)

“Suspends payments” with respect to a bank means that it has been closed by order of the supervisory authorities, that a public officer has been appointed to take it over, or that it ceases or refuses to make payments in the ordinary course of business.

(b)

Other definitions applying to this chapter and the sections in which they appear are:

(c)

The following definitions in other chapters apply to this chapter:

(d)

In addition, Chapter 1 (Uniform Commercial Code) contains general definitions and principles of construction and interpretation applicable throughout this chapter.
Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1, eff. Sept. 1, 1967. Amended by Acts 1995, 74th Leg., ch. 921, Sec. 4, eff. Jan. 1, 1996; Acts 1995, 74th Leg., ch. 962, Sec. 18, eff. Sept. 1, 1995; Acts 2003, 78th Leg., ch. 542, Sec. 12, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 95 (S.B. 1563), Sec. 15, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 122 (S.B. 1593), Sec. 16, eff. September 1, 2005.
Sec. 4.105. “BANK”; “DEPOSITARY BANK”; “INTERMEDIARY BANK”; “COLLECTING BANK”; “PAYOR BANK”; “PRESENTING BANK”. In this chapter:

(1)

“Bank” means a person engaged in the business of banking, including a savings bank, savings and loan association, credit union, or trust company.

(2)

“Depositary bank” means the first bank to take an item even though it is also the payor bank, unless the item is presented for immediate payment over the counter.

(3)

“Payor bank” means a bank that is the drawee of a draft.

(4)

“Intermediary bank” means a bank to which an item is transferred in course of collection except the depositary or payor bank.

(5)

“Collecting bank” means a bank handling an item for collection except the payor bank.

(6)

“Presenting bank” means a bank presenting an item except a payor bank.
Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1, eff. Sept. 1, 1967. Amended by Acts 1995, 74th Leg., ch. 921, Sec. 4, eff. Jan. 1, 1996.

Source: Section 4.104 — Definitions and Index of Definitions, https://statutes.­capitol.­texas.­gov/Docs/BC/htm/BC.­4.­htm#4.­104 (accessed Mar. 23, 2024).

4.101
Short Title
4.102
Applicability
4.103
Variation by Agreement
4.104
Definitions and Index of Definitions
4.106
Payable Through or Payable at Bank
4.107
Separate Office of a Bank
4.108
Time of Receipt of Items
4.109
Delays
4.110
Electronic Presentment
4.111
Statute of Limitations
4.112
Payment of Check at Par
4.202
Responsibility for Collection or Return
4.203
Effect of Instructions
4.204
Methods of Sending and Presenting
4.205
Depository Bank Holder of Unindorsed Item
4.206
Transfer Between Banks
4.207
Transfer Warranties
4.208
Presentment Warranties
4.209
Encoding and Retention Warranties
4.210
Security Interest of Collecting Bank in Items, Accompanying Documents and Proceeds
4.211
When Bank Gives Value for Purposes of Holder in Due Course
4.212
Presentment by Notice of Item Not Payable By, Through or at a Bank
4.213
Medium and Time of Settlement by Bank
4.214
Right of Charge-back or Refund
4.215
Final Payment of Item by Payor Bank
4.216
Insolvency and Preference
4.301
Deferred Posting
4.302
Payor Bank’s Responsibility for Late Return of Item
4.303
When Items Subject to Notice, Stop-payment Order, Legal Process, or Setoff
4.401
When Bank May Charge Customer’s Account
4.402
Bank’s Liability to Customer for Wrongful Dishonor
4.403
Customer’s Right to Stop Payment
4.404
Bank Not Obligated to Pay Check More than Six Months Old
4.405
Death or Incompetence of Customer
4.406
Customer’s Duty to Discover and Report Unauthorized Signature or Alteration
4.407
Payor Bank’s Right to Subrogation on Improper Payment
4.501
Handling of Documentary Drafts
4.503
Responsibility of Presenting Bank for Documents and Goods
4.504
Privilege of Presenting Bank to Deal with Goods

Accessed:
Mar. 23, 2024

§ 4.104’s source at texas​.gov