Sec. 59.302.  EXCEPTION FOR CERTAIN UNMANNED TELLER MACHINES.  This subchapter does not apply to an unmanned teller machine:
(1)  by which:
(A)  a customer of a financial institution can authorize and effect the electronic transfer of money from the customer's account at the financial institution to a merchant's account at a financial institution in the county or municipality in which the terminal is located to obtain cash or to purchase, rent, or pay for goods or services;  and
(B)  the merchant can ascertain that the transaction has been completed and the money has been or will be transferred to the merchant's account at the merchant's financial institution in the county or municipality in which the terminal is located;  or
(2)  located:
(A)  inside a building:
(i)  unless the building is a freestanding installation existing solely to provide an enclosure for the machine;  or
(ii)  except to the extent a transaction can be conducted from outside the building;  or
(B)  in an area not controlled by the owner or operator of the machine.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.