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Tex. Fin. Code § 34.301

NATURE OF DEPOSIT CONTRACT

Known as the Texas Banking Act

The act spans §§ 31–59 (247 sections).

Applied in 6 court decisions — leading case Federal Deposit Insurance Corp. v. Lenk (2012)

Most recently applied in Francisco Calleja-Ahedo v. Compass Bank (December 2016)

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff

How often courts cite this section

20012010201610
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(a) A deposit contract between a bank and an account holder is considered a contract in writing for all purposes and may be evidenced by one or more agreements, deposit tickets, signature cards, or notices as provided by Section 34.302, or by other documentation as provided by law.

(b) A cause of action for denial of deposit liability on a deposit contract without a maturity date does not accrue until the bank has denied liability and given notice of the denial to the account holder. A bank that provides an account statement or passbook to the account holder is considered to have denied liability and given the notice as to any amount not shown on the statement or passbook.

(c) To the extent provided by Section 4.102(c), Business & Commerce Code, the laws of this state govern a deposit contract between a bank and a consumer account holder if the branch or separate office of the bank that accepts the deposit contract is located in this state.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.