Texas Codes

Tex. Fin. Code § 34.302 (2026)

Amendment Of Deposit Contract

✓ current as of May 2026

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Sec. 34.302. AMENDMENT OF DEPOSIT CONTRACT. (a) A bank and its account holder may amend the deposit contract by agreement or as permitted by Subsection (b) or other law.

(b) A bank may amend a deposit contract by mailing a written notice of the amendment to the account holder, separately or as an enclosure with or part of the account holder's statement of account or passbook. The notice must include the text and effective date of the amendment. The bank is required to deliver the notice to only one of the account holders of a deposit account that has more than one account holder. The effective date may not be earlier than the 30th day after the date of mailing the notice unless the amendment:

(1) is made to comply with a statute or rule that authorizes an earlier effective date;

(2) does not reduce the interest rate on the account or otherwise adversely affect the account holder; or

(3) is made for a reason relating to security of an account.

(c) Except for a disclosure required to be made under Section 34.303 or the Truth in Savings Act (12 U.S.C. Section 4301 et seq.) or other federal law, before renewal of an account a notice of amendment is not required under Subsection (b) for:

(1) a change in the interest rate on a variable-rate account, including a money market or negotiable order of withdrawal account;

(2) a change in a term for a time account with a maturity of one month or less if the deposit contract authorizes the change in the term; or

(3) a change contemplated and permitted by the original contract.

(d) An amendment under Subsection (b) may reduce the rate of interest or eliminate interest on an account without a maturity date.

(e) Amendment of a deposit contract made in compliance with this section is not a violation of the Deceptive Trade Practices-Consumer Protection Act (Section 17.41 et seq., Business & Commerce Code).

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Notes of Decisions

Cited in 9 cases, 2001–2017 · leading case: McCreary v. Bay Area Bank & Trust, 68 S.W.3d 727 (Tex. App. 2001).

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McCreary v. Bay Area Bank & Trust, 68 S.W.3d 727 (Tex. App. 2001). “See Tex. Fin.Code Ann. § 34.302 (Vernon 1998).”

First Nat'l Bank of Edinburg v. Cameron Cnty., 159 S.W.3d 109 (Tex. App. 2004). · cites it 2× “See Tex. Fin.Code Ann. § 34.302 (Vernon 1998).”

Francisco Calleja-Ahedo v. Compass Bank, 508 S.W.3d 791 (Tex. App. 2016). “See Tex. Fin. Code Ann. § 34.302 (b) (stating ways in *799 which bank may notify account holder of amendments to deposit agreement).”

Compass Bank v. Francisco Calleja-Ahedo (Tex. 2017). · cites it 2× “30, 53, 65 Tex. Fin. Code § 34.302 .................”

Francisco Calleja-Ahedo v. Compass Bank (Tex. App. 2015). · cites it 3× “See Tex. Fin. Code §34.302, copy of which is attached hereto at Appendix 1.”

Francisco Calleja-Ahedo v. Compass Bank (Tex. App. 2015). · cites it 3× “36 vii Tex. Fin. Code Ann. § 34.302 (a) ........”

in Re Comerica Bank (Tex. App. 2016). “” Tex. Fin. Code Ann. § 34.302 (a) (West 2013).”

Bank of Am., N.A., F/K/A Nationsbank, N.A. v. First Nat'l Bank & Bancinsure, Inc. (Tex. App. 2007). “A deposit contract between a bank and an account holder is considered a contract in writing for all purposes and may be evidenced by one or more agreements, deposit tickets, signature cards, amendments provided by Texas Finance Code section 34.302, or by other documentation as…”

Francisco Calleja-Ahedo v. Compass Bank (Tex. App. 2015). “See Tex. Fin. Code §34.302. Calleja acknowledges that he received the 2008 Account Agreement, which made it effective as to him.”

— Tex. Fin. Code § 34.302(b) — 2 cases

First Nat'l Bank of Edinburg v. Cameron Cnty., 159 S.W.3d 109 (Tex. App. 2004). “See Tex. Fin.Code Ann. § 34.302 (Vernon 1998).”

Francisco Calleja-Ahedo v. Compass Bank (Tex. App. 2015). “See Tex. Fin. Code §34.302, copy of which is attached hereto at Appendix 1.”

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