Texas § BC.4.104 - DEFINITIONS AND INDEX OF DEFINITIONS

§ BC.4.104. DEFINITIONS AND INDEX OF DEFINITIONS

DEFINITIONS AND INDEX OF DEFINITIONS. (a) In this chapter, unless the context otherwise requires: (1) "Account" means any deposit or credit account with a bank, including a demand, time, savings, passbook, share draft, or like account, other than an account evidenced by a certificate of deposit. (2) "Afternoon" means the period of a day between noon and midnight. (3) "Banking day" means the part of a day on which a bank is open to the public for carrying on substantially all of its banking functions. (4) "Clearing house" means an association of banks or other payors regularly clearing items. (5) "Customer" means a person having an account with a bank or for whom a bank has agreed to collect items, including a bank that maintains an account at another bank. (6) "Documentary draft" means a draft to be presented for acceptance or payment if specified documents, certificated securities (Section 8.102 ) or instructions for uncertificated securities (Section 8.102 ), or other certificates, statements, or the like are to be received by the drawee or other payor before acceptance or payment of the draft. (7) "Draft" means a draft as defined in Section 3.104 or an item, other than an instrument, that is an order. (8) "Drawee" means a person ordered in a draft to make payment. (9) "Item" means an instrument or a promise or order to pay money handled by a bank for collection or payment. The term does not include a payment order governed by Chapter 4A or a credit or debit card slip. (10) "Midnight deadline" with respect to a bank is midnight on its next banking day following the banking day on which it receives the relevant item or notice or from which the time for taking action commences to run, whichever is later. (11) "Settle" means to pay in cash, by clearing-house settlement, in a charge or credit or by remittance, or otherwise as agreed. A settlement may be either provisional or final. (12) "Suspends payments" with respect to a bank means that it has been closed by order of the supervisory authorities, that a public officer has been appointed to take it over, or that it ceases or refuses to make payments in the ordinary course of business. (b) Other definitions applying to this chapter and the sections in which they appear are: "Agreement for electronic presentment" Section 4.110. "Collecting bank" Section 4.105. "Depositary bank" Section 4.105. "Intermediary bank" Section 4.105. "Payor bank" Section 4.105. "Presenting bank" Section 4.105. "Presentment notice" Section 4.110. (c) The following definitions in other chapters apply to this chapter: "Acceptance" Section 3.409. "Alteration" Section 3.407. "Cashier's check" Section 3.104. "Certificate of deposit" Section 3.104. "Certified check" Section 3.409. "Check" Section 3.104. "Control" Section 7.106. "Holder in due course" Section 3.302. "Instrument" Section 3.104. "Notice of dishonor" Section 3.503. "Order" Section 3.103. "Ordinary care" Section 3.103. "Person entitled to enforce" Section 3.301. "Presentment" Section 3.501. "Promise" Section 3.103. "Prove" Section 3.103. "Record" Section 1.201. "Remotely-created item" Section 3.103. "Teller's check" Section 3.104. "Unauthorized signature" Section 3.403. (d) In addition, Chapter 1 contains general definitions and principles of construction and interpretation applicable throughout this chapter. Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1, eff. Sept. 1, 1967. Amended by Acts 1995, 74th Leg., ch. 921, Sec. 4, eff. Jan. 1, 1996; Acts 1995, 74th Leg., ch. 962, Sec. 18, eff. Sept. 1, 1995; Acts 2003, 78th Leg., ch. 542, Sec. 12, eff. Sept. 1, 2003. Amended by: Acts 2005, 79th Leg., Ch. 95 (S.B. 1563 ), Sec. 15, eff. September 1, 2005. Acts 2005, 79th Leg., Ch. 122 (S.B. 1593 ), Sec. 16, eff. September 1, 2005. Sec. 4.105. "BANK"; "DEPOSITARY BANK"; "INTERMEDIARY BANK"; "COLLECTING BANK"; "PAYOR BANK"; "PRESENTING BANK". In this chapter: (1) "Bank" means a person engaged in the business of banking, including a savings bank, savings and loan association, credit union, or trust company. (2) "Depositary bank" means the first bank to take an item even though it is also the payor bank, unless the item is presented for immediate payment over the counter. (3) "Payor bank" means a bank that is the drawee of a draft. (4) "Intermediary bank" means a bank to which an item is transferred in course of collection except the depositary or payor bank. (5) "Collecting bank" means a bank handling an item for collection except the payor bank. (6) "Presenting bank" means a bank presenting an item except a payor bank. Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1, eff. Sept. 1, 1967. Amended by Acts 1995, 74th Leg., ch. 921, Sec. 4, eff. Jan. 1, 1996.