Tex. Bus. & Com. Code Section 3.504
Excused Presentment and Notice of Dishonor

(a)

Presentment for payment or acceptance of an instrument is excused if:

(1)

the person entitled to present the instrument cannot with reasonable diligence make presentment;

(2)

the maker or acceptor has repudiated an obligation to pay the instrument or is dead or in insolvency proceedings;

(3)

by the terms of the instrument presentment is not necessary to enforce the obligation of indorsers or the drawer;

(4)

the drawer or indorser whose obligation is being enforced has waived presentment or otherwise has no reason to expect or right to require that the instrument be paid or accepted; or

(5)

the drawer instructed the drawee not to pay or accept the draft or the drawee was not obligated to the drawer to pay the draft.

(b)

Notice of dishonor is excused if (i) by the terms of the instrument notice of dishonor is not necessary to enforce the obligation of a party to pay the instrument, or (ii) the party whose obligation is being enforced waived notice of dishonor. A waiver of presentment is also a waiver of notice of dishonor.

(c)

Delay in giving notice of dishonor is excused if the delay was caused by circumstances beyond the control of the person giving the notice and the person giving the notice exercised reasonable diligence after the cause of the delay ceased to operate.
Amended by Acts 1995, 74th Leg., ch. 921, Sec. 1, eff. Jan. 1, 1996.

Source: Section 3.504 — Excused Presentment and Notice of Dishonor, https://statutes.­capitol.­texas.­gov/Docs/BC/htm/BC.­3.­htm#3.­504 (accessed Apr. 20, 2024).

3.101
Short Title 3.102
Subject Matter 3.103
Definitions 3.104
Negotiable Instrument 3.105
Issue of Instrument 3.106
Unconditional Promise or Order 3.107
Instrument Payable in Foreign Money 3.108
Payable on Demand or at Definite Time 3.109
Payable to Bearer or to Order 3.110
Identification of Person to Whom Instrument Is Payable 3.111
Place of Payment 3.112
Interest 3.113
Date of Instrument 3.114
Contradictory Terms of Instrument 3.115
Incomplete Instrument 3.116
Joint and Several Liability 3.117
Other Agreements Affecting Instrument 3.118
Statute of Limitations 3.119
Notice of Right to Defend Action 3.201
Negotiation 3.202
Negotiation Subject to Rescission 3.203
Transfer of Instrument 3.204
Indorsement 3.205
Special Indorsement 3.206
Restrictive Indorsement 3.207
Reacquisition 3.301
Person Entitled to Enforce Instrument 3.302
Holder in Due Course 3.303
Value and Consideration 3.304
Overdue Instrument 3.305
Defenses and Claims in Recoupment 3.306
Claims to an Instrument 3.307
Notice of Breach of Fiduciary Duty 3.308
Proof of Signatures and Status as Holder in Due Course 3.309
Enforcement of Lost, Destroyed, or Stolen Instrument 3.310
Effect of Instrument on Obligation for Which Taken 3.311
Accord and Satisfaction by Use of Instrument 3.312
Lost, Destroyed, or Stolen Cashier’s Check, Teller’s Check, or Certified Check 3.401
Signature 3.402
Signature by Representative 3.403
Unauthorized Signature 3.404
Impostors 3.405
Employer’s Responsibility for Fraudulent Indorsement by Employee 3.406
Negligence Contributing to Forged Signature or Alteration of Instrument 3.407
Alteration 3.408
Drawee Not Liable on Unaccepted Draft 3.409
Acceptance of Draft 3.410
Acceptance Varying Draft 3.411
Refusal to Pay Cashier’s Checks, Teller’s Checks, and Certified Checks 3.412
Obligation of Issuer of Note or Cashier’s Check 3.413
Obligation of Acceptor 3.414
Obligation of Drawer 3.415
Obligation of Indorser 3.416
Transfer Warranties 3.417
Presentment Warranties 3.418
Payment or Acceptance by Mistake 3.419
Instruments Signed for Accommodation 3.420
Conversion of Instrument 3.501
Presentment 3.502
Dishonor 3.503
Notice of Dishonor 3.504
Excused Presentment and Notice of Dishonor 3.505
Evidence of Dishonor 3.506
Processing Fee by Holder of Payment Device 3.507
Delivery Notification Fee by Holder of Check or Similar Sight Order 3.601
Discharge and Effect of Discharge 3.602
Payment 3.603
Tender of Payment 3.604
Discharge by Cancellation or Renunciation 3.605
Discharge of Secondary Obligors
Green check means up to date. Up to date

Accessed:
Apr. 20, 2024

§ 3.504’s source at texas​.gov