By Carona                                             H.B. No. 1259
       74R4581 DWS-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to security obligations of a licensed seller of checks.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 9, The Sale of Checks Act (Article 489d,
    1-5  Vernon's Texas Civil Statutes), is amended to read as follows:
    1-6        Sec. 9.  Obligations of Licensee.  Each person holding a
    1-7  license under this Act shall at all times when the license is in
    1-8  effect:
    1-9              (a)  Maintain the bond or securities in the amount
   1-10  prescribed by Section 7 and if<;>
   1-11              <(b)  If> the licensee does not have on file or deposit
   1-12  a bond or securities, as aforesaid, in the undiminished principal
   1-13  sum of at least Five Hundred Thousand Dollars ($500,000), file
   1-14  quarterly reports with the Commissioner setting forth the locations
   1-15  at which he sells checks in this state not later than the 45th day
   1-16  after the date of the last day of each quarter of the licensee's
   1-17  fiscal year <as of January 1, April 1, July 1, and October 1 in
   1-18  each year, the report for each such date being due on or before the
   1-19  15th day thereafter>;
   1-20                    (1)  Within ten (10) days following the filing of
   1-21  such a report, the principal sum of the bond or securities shall be
   1-22  increased to reflect any increase in the number of locations, and
   1-23  may be decreased to reflect any decrease in the number of
   1-24  locations;
    2-1                    (2)  If the Commissioner shall at any time
    2-2  reasonably determine that the bond or securities aforesaid are
    2-3  insecure, deficient in amount, or exhausted in whole or part, the
    2-4  Commissioner <he> may by written order require the filing of a new
    2-5  or supplemental bond or the deposit of new or additional securities
    2-6  in order to secure compliance with this Act, such order to be
    2-7  complied with within thirty (30) days following service thereof
    2-8  upon the licensee;
    2-9              (b) <(c)>  Maintain a net worth equal to or greater
   2-10  than the amount then currently prescribed by Section 5 for license
   2-11  applicants; <and>
   2-12              (c)  If the licensee has a net worth of less than Five
   2-13  Million Dollars ($5 million), as shown by audited financial
   2-14  statements reasonably satisfactory to the Commissioner, have
   2-15  <(d)  Have> on hand permissible investments in an amount equal to
   2-16  the aggregate face amount of all outstanding checks sold in the
   2-17  United States<, except traveler's checks,> for which the licensee
   2-18  is liable for payment; and
   2-19              (d)  If the licensee has a net worth of Five Million
   2-20  Dollars ($5 million) or more, as shown by audited financial
   2-21  statements reasonably satisfactory to the Commissioner, have on
   2-22  hand permissible investments in an amount equal to at least 50
   2-23  percent of the aggregate face amount of all outstanding checks sold
   2-24  in the United States for which the licensee is liable for payment.
   2-25  <however, this subsection does not apply to any licensee with a net
   2-26  worth of not less than Five Million Dollars ($5 million) as shown
   2-27  by audited financial statements reasonably satisfactory to the
    3-1  Commissioner; statements filed under Section 9B of this Act may be
    3-2  used to satisfy this requirement.>
    3-3        SECTION 2.  Notwithstanding Subsection (d), Section 9, The
    3-4  Sale of Checks Act (Article 489d, Vernon's Texas Civil Statutes),
    3-5  as added by this Act, a person who is subject to that subsection
    3-6  and who held a license under that Act on January 1, 1995, is
    3-7  required to maintain for the license permissible investments or a
    3-8  bond under that section in the following amounts:
    3-9              (1)  during the 12-month period beginning September 1,
   3-10  1995, an amount equal to not less than 25 percent of the aggregate
   3-11  face amount of all outstanding checks sold in the United States for
   3-12  which the licensee is liable for payment; and
   3-13              (2)  on and after September 1, 1996, the amount
   3-14  required by Subsection (d), Section 9, The Sale of Checks Act
   3-15  (Article 489d, Vernon's Texas Civil Statutes), as added by this
   3-16  Act.
   3-17        SECTION 3.   This Act takes effect September 1, 1995.
   3-18        SECTION 4.  The importance of this legislation and the
   3-19  crowded condition of the calendars in both houses create an
   3-20  emergency and an imperative public necessity that the
   3-21  constitutional rule requiring bills to be read on three several
   3-22  days in each house be suspended, and this rule is hereby suspended.