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House Bill 2106 |
House Author: Perez et al. |
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Effective: 9-1-21 |
Senate Sponsor: Zaffirini et al. |
House Bill 2106 amends the Government Code and Occupations Code to transfer administration of the payment fraud fusion center from the office of the attorney general to the Texas Commission of Licensing and Regulation (TCLR) and the Texas Department of Licensing and Regulation (TDLR) and redesignates the fusion center, which is housed within TDLR, as the financial crimes intelligence center. The bill, among other provisions, does the following:
· clarifies the purposes of the intelligence center, authorizes operation agreements between TDLR and law enforcement agencies or other governmental agencies, provides for the powers and duties of the intelligence center, and requires that the center file an annual report with TDLR;
· authorizes TDLR to inspect each motor fuel metering device located at a dealer's retail outlet regardless of whether TDLR received a report of a suspected skimmer; and
· provides for a workgroup established by TDLR to provide input, advice, and recommendations regarding the powers and duties of TDLR regarding payment card skimmers on motor fuel dispensers, inspection of a motor fuel metering device, and the financial crimes intelligence center.
House Bill 2106 amends the Business & Commerce Code to make provisions relating to payment card skimmers on motor fuel dispensers apply instead with respect to skimmers on motor fuel metering devices and to transfer the administration of the revised provisions to TDLR. Among other provisions, the bill authorizes TCLR or the executive director of TDLR to enforce the revised provisions, a rule adopted under those provisions, or an applicable order. The bill revises provisions relating to a notice of discovery of a skimmer, a report of a suspected skimmer, investigation of such a report, and the confidentiality of information from a report. The bill makes a person who violates provisions relating to payment card skimmers on motor fuel metering devices or a rule adopted under such provisions liable to the state for a civil penalty and provides for an action to collect the penalty.