Sec. 59.308.  SAFETY EVALUATION.  (a)  An owner or operator shall in good faith evaluate the safety of each unmanned teller machine that the person owns or operates.
(b)  In making the evaluation, the owner or operator shall consider:
(1)  the extent to which the lighting for the machine complies with Section 59.307;
(2)  the presence of obstructions, including landscaping and vegetation, in the area of the machine and the access area and defined parking area for the machine;  and
(3)  the incidence of violent crimes in the immediate neighborhood of the machine as shown by local law enforcement records and of which the owner or operator has actual knowledge.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.