From the Texas Department of Banking website:
Question: Can a bank charge a check cashing fee to non-customers?
Answer: Institutions are allowed to charge a check cashing fee. In the 77th Texas legislative session, a law (SB 314) was passed requiring banks to pay a check at "par". Basically, this meant that if someone attempted to cash a check at the bank where the check was drawn, the bank would have been required to remit the full amount of the check. On August 30, 2001, Judge James R. Nowlin of the United States District Court in Austin, Texas, issued a preliminary injunction allowing five banks to continue charging check cashing fees to Texas citizens pending trial on the challenge to new Texas law. These five banks were as follows: Wells Fargo Bank Texas, N.A.; Bank of America, N.A.; Bank One, N.A.; Chase Manhattan Bank; and Comerica Bank, Texas. The Department issued a press release on August 31, 2001 regarding this matter. Since then, the court ruled that the Texas law was not enforceable and therefore the institutions could continue the practice of charging a fee for cashing their checks.
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