Texas § ES.113.001 - GENERAL DEFINITIONS

§ ES.113.001. GENERAL DEFINITIONS

GENERAL DEFINITIONS. In this chapter: (1) "Account" means a contract of deposit of funds or securities between a depositor and a financial institution. The term includes: (A) an account with cash deposits, including a checking account, savings account, certificate of deposit, and share account; (B) an account holding securities, including stocks, bonds, and mutual funds; and (C) another similar arrangement. (2) "Beneficiary" means a person or trustee of an express trust evidenced by a writing who is named in a trust account as a person for whom a party to the account is named as trustee. (2-a) "Charitable organization" means any corporation, community chest, fund, or foundation that is exempt from federal income tax under Section 501(a) of the Internal Revenue Code of 1986 by being listed as an exempt organization in Section 501(c)(3) of that code. (2-b) "Express trust" has the meaning assigned by Section 111.004 , Property Code. (3) "Financial institution" means an organization authorized to do business under state or federal laws relating to financial institutions. The term includes a bank or trust company, savings bank, building and loan association, savings and loan company or association, credit union, and brokerage firm that deals in the sale and purchase of stocks, bonds, and other types of securities. (4) "Payment" of sums on deposit includes a withdrawal, a payment on a check or other directive of a party, and a pledge of sums on deposit by a party and any set-off, or reduction or other disposition of all or part of an account under a pledge. (5) "P.O.D. payee" means a person, trustee of an express trust evidenced by a writing, or charitable organization designated on a P.O.D. account as a person to whom the account is payable on request after the death of one or more persons. (6) "Proof of death" includes: (A) a certified copy of a death certificate; or (B) a judgment or order of a court in a proceeding in which the death of a person is proved to the satisfaction of the court by circumstantial evidence in accordance with Chapter 454 . (7) "Request" means a proper request for withdrawal, or a check or order for payment, that complies with all conditions of the account, including special requirements concerning necessary signatures and regulations of the financial institution. If a financial institution conditions withdrawal or payment on advance notice, for purposes of this chapter a request for withdrawal or payment is treated as immediately effective and a notice of intent to withdraw is treated as a request for withdrawal. (8) "Sums on deposit" means the balance payable or transferable on a multiple-party account including cash, interest, dividends, any type of securities, including stocks, bonds, and mutual funds, and any deposit of life insurance proceeds added to the account by reason of the death of a party. (9) "Withdrawal" includes payment to a third person in accordance with a check or other directive of a party. Added by Acts 2009, 81st Leg., R.S., Ch. 680 , Sec. 1, eff. January 1, 2014. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198 ), Sec. 2.07, eff. January 1, 2014. Acts 2015, 84th Leg., R.S., Ch. 255 (S.B. 1020 ), Sec. 1, eff. May 29, 2015. Acts 2023, 88th Leg., R.S., Ch. 205 (S.B. 1373 ), Sec. 10, eff. September 1, 2023.