1. (a) Definitions. Words and terms used in this subchapter that are defined in the Finance Code, §59.301, have the same meanings as defined in the Finance Code.
2. (b) Measurement of candle foot power. For purposes of measuring compliance with the Finance Code, §59.307, candle foot power should be determined under normal, dry weather conditions, without complicating factors such as fog, rain, snow, sand or dust storm, or other similar condition.

3. (c) Leased premises.

   1. (1) Noncompliance by landlord. Pursuant to the Finance Code, §59.306, the landlord or owner of property is required to comply with the safety procedures of the Finance Code, Chapter 59, Subchapter D, if an access area or defined parking area for an unmanned teller machine is not controlled by the owner or operator of the unmanned teller machine. If an owner or operator of an unmanned teller machine on leased premises is unable to obtain compliance with safety procedures from the landlord or owner of the property, the owner or operator shall notify the landlord in writing of the requirements of the Finance Code, Chapter 59, Subchapter D, and of those provisions for which the landlord is in noncompliance.
   2. (2) Enforcement. Noncompliance with safety procedures required by the Finance Code, Chapter 59, Subchapter D, by a landlord or owner of property after receipt of written notification from the owner or operator constitutes a violation of the Finance Code, Chapter 59, Subchapter D, which may be enforced by the Texas Attorney General.

4. (d) Safety evaluations.

   1. (1) The owner or operator of an unmanned teller machine shall evaluate the safety of each machine on a basis no less frequently than annually.
   2. (2) The safety evaluation shall consider at the least the factors identified in the Finance Code, §59.308.
   3. (3) The owner or operator of the unmanned teller machine may provide the landlord or owner of the property with a copy of the safety evaluation if an access area or defined parking area for an unmanned teller machine is not controlled by the owner or operator of the machine.

5. (e) Notice.

   1. (1) Existing accounts. No later than January 1, 1996, an issuer of access devices shall furnish its customers with a notice of basic safety precautions that each customer should employ while using an unmanned teller machine. The notice may be included as a statement stuffer with another mailing or may be delivered personally or mailed to each customer whose mailing address is in this state and who has been issued an access device.
   2. (2) New access devices. An issuer of access devices shall furnish its customer with a notice of basic safety precautions at the time the initial disclosure of terms and conditions is provided to such customer.
   3. (3) Annual notice. An issuer of access devices shall furnish its customers with a notice of basic safety precautions on a basis no less frequently than annually.

   4. (4) Content. The notice of basic safety precautions required by this subsection must be provided in written form which can be retained by the customer and may include recommendations or advice regarding:

      1. (A) security at walk-up unmanned teller machines;
      2. (B) security at drive-up unmanned teller machines;
      3. (C) protection of code or personal identification numbers;
      4. (D) procedures for lost or stolen access devices;
      5. (E) reaction to suspicious circumstances;
      6. (F) safekeeping and disposition of unmanned teller machine receipts, such as the inadvisability of leaving an unmanned teller machine receipt near the unmanned teller machine;
      7. (G) the inadvisability of surrendering information about the customer's access device over the telephone;
      8. (H) safeguarding and protecting of the customer's access device, such as a recommendation that the customer treat the access device as if it was cash;
      9. (I) protection against unmanned teller machine fraud, such as a recommendation that the customer compare unmanned teller machine receipts against the customer's monthly statement; and
      10. (J) other recommendations that the issuer reasonably believes are appropriate to facilitate the security of its unmanned teller machine customers.
6. (f) Video surveillance equipment. Video surveillance equipment is not required to be installed at all unmanned teller machines. The owner or operator must determine whether video surveillance or unconnected video surveillance equipment should be installed at a particular unmanned teller machine site, based on the safety evaluation required under the Finance Code, §59.308. If an owner or operator determines that video surveillance equipment should be installed, the owner or operator must provide for selecting, testing, operating, and maintaining appropriate equipment.
7. (g) Unmanned teller machines located in a bank vestibule. The provisions of the Finance Code, Chapter 59, Subchapter D, and this section are applicable to an unmanned teller machine located in a bank vestibule if there is 24-hour access to the vestibule from outside the building.
8. (h) Certification of Compliance. The security officer of each depository shall certify compliance with the Finance Code, Chapter 59, Subchapter D, and this section on a basis no less frequently than annually.

Source Note:The provisions of this §3.92 adopted to be effective January 5, 1996, 20 TexReg 10997; amended to be effective November 22, 1996, 21 TexReg 11099; amended to be effective November 13, 1997, 22 TexReg 10949.