(a) A person may install, maintain, and operate one or more electronic terminals at any location for the convenience of customers of financial institutions.
(b) Financial institutions may agree in writing to share in the use of an electronic terminal on a reasonable, nondiscriminatory basis and on the condition that a financial institution using an electronic terminal may be required to meet necessary and reasonable technical standards and to pay charges for the use of the electronic terminal. The standards or charges imposed must be reasonable, fair, equitable, and nondiscriminatory among the financial institutions. Any charges imposed:
(1) may not exceed an equitable proportion of the cost of establishing the electronic terminal, including provisions for amortization of development costs and capital expenditures over a reasonable period, and the cost of operation and maintenance of the electronic terminal, plus a reasonable return on those costs; and
(2) must be related to the services provided to the financial institution or its customers.
(c) This section does not apply to:
(1) an electronic terminal located at the domicile or home office or a branch of a financial institution; or
(2) the use by a person of an electronic terminal, regardless of location, solely to withdraw cash, make account balance inquiries, or make transfers between the person's accounts in the same financial institution.
(d) In this section, the term "financial institution" has the meaning assigned by Section 201.101.