Question:  How long must checks be retained by the bank in Texas?
 
Answer:  Seven years.  There is a nonuniform provision in section 4.406 of the Texas Business & Commerce Code that provides:  "If the items are not returned to the customer, the person retaining the items shall either retain the items or, if the items are destroyed, maintain the capacity to furnish legible copies of the items until the expiration of seven years after receipt of the items."
 
Please note that the Bank Secrecy Act only requires you to keep items for five years.  Texas law provides for a longer retention period if you truncate or send imaged statements.  However, you can retain the items by optical imaging, microfilm or microfiche.