Texas Business and Commerce Code 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 § 32.51, 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.”
Terms Used In Texas Business and Commerce Code 523.051
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
(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 § 4.402 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.