Sec. 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 Section 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." (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 Section 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.
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