Tex.
Bus. & Com. Code Section 523.051
Notation of Forged Check
(a)
In this section, “victim of identity theft” means a person who has filed with an appropriate law enforcement agency a criminal complaint alleging commission of an offense under Section 32.51 (Fraudulent Use or Possession of Identifying Information), Penal Code.(b)
A financial institution, in accordance with its customary procedures, shall process as forgeries checks received on the account of a victim of identity theft if the victim:(1)
closes the account at the financial institution as a result of the identity theft;(2)
notifies the financial institution that the identity theft is the reason for closing the account;(3)
provides the financial institution with a copy of the criminal complaint described by Subsection (a); and(4)
requests that the financial institution return checks with the notation “forgery.”(c)
A victim of identity theft who requests that a financial institution return checks with the notation “forgery” as provided by Subsection (b):(1)
may not assert that the financial institution is liable under Section 4.402 (Bank’s Liability to Customer for Wrongful Dishonor) for wrongfully dishonoring a check returned after the victim makes the request; and(2)
shall hold the financial institution harmless for acting in accordance with the victim’s request.
Source:
Section 523.051 — Notation of Forged Check, https://statutes.capitol.texas.gov/Docs/BC/htm/BC.523.htm#523.051 (accessed Apr. 29, 2024).
