1-1  By:  Cuellar of Webb (Senate Sponsor - Montford)       H.B. No. 474
    1-2        (In the Senate - Received from the House March 30, 1993;
    1-3  March 31, 1993, read first time and referred to Committee on
    1-4  Economic Development; May 6, 1993, reported adversely, with
    1-5  favorable Committee Substitute by the following vote:  Yeas 9, Nays
    1-6  0; May 6, 1993, sent to printer.)
    1-7                            COMMITTEE VOTE
    1-8                          Yea     Nay      PNV      Absent 
    1-9        Parker             x                               
   1-10        Lucio              x                               
   1-11        Ellis                                          x   
   1-12        Haley              x                               
   1-13        Harris of Dallas   x                               
   1-14        Harris of Tarrant  x                               
   1-15        Leedom                                         x   
   1-16        Madla              x                               
   1-17        Rosson             x                               
   1-18        Shapiro            x                               
   1-19        Wentworth          x                               
   1-20  COMMITTEE SUBSTITUTE FOR H.B. No. 474                    By:  Lucio
   1-21                         A BILL TO BE ENTITLED
   1-22                                AN ACT
   1-23  relating to the regulation of currency exchange and transmission
   1-24  businesses.
   1-25        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-26        SECTION 1.  Section 3(c), Article 350, Revised Statutes, is
   1-27  amended to read as follows:
   1-28        (c)  A retailer or service provider who, in the ordinary
   1-29  course of business, accepts currency of a country or government
   1-30  other than the United States in payment for goods sold or services
   1-31  provided is eligible for an exemption from licensing under this
   1-32  article.  A person requesting an exemption under this subsection
   1-33  must annually file an application with the commissioner,
   1-34  accompanied by a nonrefundable license exemption application fee in
   1-35  an amount to be set by the commissioner to recover the cost of
   1-36  administering this subsection.  <A person who engages in a currency
   1-37  exchange or transmission business only as an incidental part of the
   1-38  person's normal business or as an accommodation to clients or
   1-39  customers with whom the person transacts business in the normal
   1-40  course of business may request from the commissioner an exemption
   1-41  from this article.>  The commissioner shall <may> grant an
   1-42  exemption to a person under this subsection if the commissioner
   1-43  determines that the person making the request is eligible under
   1-44  this subsection <does not engage in a currency exchange or
   1-45  transmission business as a principal component of the person's
   1-46  daily business operations.  A person who has been granted an
   1-47  exemption under this subsection annually shall certify to the
   1-48  commissioner that the person is maintaining the exempt status>.
   1-49  The commissioner in accordance with the examination provisions of
   1-50  this article may examine <or cause to be examined> a person to
   1-51  verify the <certification or> exempt status.  The retailer or
   1-52  service provider may not be exempted under this subsection or an
   1-53  exemption may be suspended or revoked if:
   1-54              (1)  the value of the goods or services purchased in a
   1-55  single transaction exceeds $1,000;
   1-56              (2)  the change given or made as a result of the
   1-57  transaction exceeds $100;
   1-58              (3)  an attempt is made to structure transactions in a
   1-59  way to evade the licensing requirements of this article or to avoid
   1-60  using a licensed currency exchange business;
   1-61              (4)  the retailer or service provider is engaged in the
   1-62  business of cashing checks, drafts, or other monetary instruments
   1-63  for a fee or other consideration and is not otherwise exempted from
   1-64  licensing under this article; or
   1-65              (5)  the retailer or service provider would not be
   1-66  eligible for a license under Section 8 of this article.
   1-67        SECTION 2.  Section 10, Article 350, Revised Statutes, is
   1-68  amended to read as follows:
    2-1        Sec. 10.  BOND.  (a)  A person who is licensed under this
    2-2  article shall post a bond with a qualified surety company doing
    2-3  business in this state that is acceptable to the commissioner or an
    2-4  irrevocable letter of credit issued by a qualified financial
    2-5  institution that is acceptable to the commissioner.  The bond or
    2-6  letter of credit shall be <for each license the person holds> in an
    2-7  amount determined by the commissioner.  The commissioner shall
    2-8  determine the amount of the bond or letter of credit based on the
    2-9  dollar volume of the licensee's currency exchange or transmission
   2-10  business and the number of locations from which the person
   2-11  operates, but the bond or letter of credit must be at least
   2-12  $25,000.
   2-13        (b)  A <The> bond or letter of credit posted by a licensee
   2-14  must be conditioned that as long as the person holds the license
   2-15  the person will not violate this article or a rule adopted under
   2-16  this article.  The beneficiary of the bond or letter of credit must
   2-17  be the Banking Department.
   2-18        SECTION 3.  Section 13(a), Article 350, Revised Statutes, is
   2-19  amended to read as follows:
   2-20        (a)  The commissioner shall cooperate with federal and state
   2-21  agencies in discharging the commissioner's responsibilities
   2-22  relating to the regulation of currency exchange or transmission
   2-23  businesses.  The commissioner may:
   2-24              (1)  arrange for the exchange of information among
   2-25  government officials concerning the regulation of a currency
   2-26  exchange or transmission business; <and>
   2-27              (2)  cooperate in and coordinate training programs
   2-28  concerning the regulation of currency exchange or transmission
   2-29  businesses; and
   2-30              (3)  assist state and federal agencies in their
   2-31  enforcement and investigatory activities and supply those agencies
   2-32  with documentation and information.
   2-33        SECTION 4.  Section 16, Article 350, Revised Statutes, is
   2-34  amended to read as follows:
   2-35        Sec. 16.  INJUNCTION.  The prosecuting attorney of the county
   2-36  in which a violation is alleged to have occurred, the attorney
   2-37  general, or the district attorney of Travis County may seek an
   2-38  injunction prohibiting the further operation of a currency exchange
   2-39  or transmission business if an investigation discloses that a
   2-40  person is operating a currency exchange or transmission business
   2-41  without a license or in violation of this article or rules adopted
   2-42  under this article.
   2-43        SECTION 5.  Section 20, Article 350, Revised Statutes, is
   2-44  amended to read as follows:
   2-45        Sec. 20.  Confidential Information.  All information obtained
   2-46  by the Banking Department from a licensee relating to the financial
   2-47  condition of a licensee, whether obtained through examination or
   2-48  otherwise, except published statements, and all files and records
   2-49  of the Banking Department relating to a licensee are confidential
   2-50  and may not be disclosed by the commissioner or an officer or
   2-51  employee of the Banking Department.  The commissioner may release
   2-52  information if:
   2-53              (1)  the commissioner finds that immediate and
   2-54  irreparable harm is threatened to the licensee's customers or
   2-55  potential customers or the general public;
   2-56              (2)  the licensee consents before the release;
   2-57              (3)  the commissioner finds that release of the
   2-58  information is required in connection with an administrative <a>
   2-59  hearing under this article <before the Finance Commission>, in
   2-60  which event information may be released to the parties of that
   2-61  hearing <distributed to the Finance Commission>; or
   2-62              (4)  the commissioner finds that the release is
   2-63  reasonably necessary for the protection of the public and in the
   2-64  interest of justice, in which event information may be distributed
   2-65  to representatives of an agency, department, or instrumentality of
   2-66  this state, any other state, or the federal government<, provided
   2-67  the representatives state in writing under oath that they will
   2-68  maintain the confidentiality of the information>.
   2-69        SECTION 6.  Section 8(e), Article 350, Revised Statutes, is
   2-70  repealed.
    3-1        SECTION 7.  Section 3, Article 350, Revised Statutes, is
    3-2  amended by adding Subsection (e) to read as follows:
    3-3        (e)  An attorney or title company receiving and disbursing
    3-4  only domestic currency or funds in connection with a real estate
    3-5  transaction on behalf of the principals to the transaction is
    3-6  exempt from the requirements of this article.
    3-7        SECTION 8.  The importance of this legislation and the
    3-8  crowded condition of the calendars in both houses create an
    3-9  emergency and an imperative public necessity that the
   3-10  constitutional rule requiring bills to be read on three several
   3-11  days in each house be suspended, and this rule is hereby suspended,
   3-12  and that this Act take effect and be in force from and after its
   3-13  passage, and it is so enacted.
   3-14                               * * * * *
   3-15                                                         Austin,
   3-16  Texas
   3-17                                                         May 6, 1993
   3-18  Hon. Bob Bullock
   3-19  President of the Senate
   3-20  Sir:
   3-21  We, your Committee on Economic Development to which was referred
   3-22  H.B. No. 474, have had the same under consideration, and I am
   3-23  instructed to report it back to the Senate with the recommendation
   3-24  that it do not pass, but that the Committee Substitute adopted in
   3-25  lieu thereof do pass and be printed.
   3-26                                                         Parker,
   3-27  Chairman
   3-28                               * * * * *
   3-29                               WITNESSES
   3-30                                                  FOR   AGAINST  ON
   3-31  ___________________________________________________________________
   3-32  Name:  Catherine A. Ghiglieri                                  x
   3-33  Representing:  Texas Dept. of Banking
   3-34  City:  Austin
   3-35  -------------------------------------------------------------------
   3-36  Name:  John R. Vasquez                                   x
   3-37  Representing:  Euromex Casa de Cambio
   3-38  City:  Austin
   3-39  -------------------------------------------------------------------
   3-40  Name:  Carlos Contreras                          x
   3-41  Representing:  Valuta Corporation
   3-42  City:  Austin
   3-43  -------------------------------------------------------------------
   3-44  Name:  Brian A. Herrick                                        x
   3-45  Representing:  Texas Dept. of Banking
   3-46  City:  Austin
   3-47  -------------------------------------------------------------------