By Serna                                              H.B. No. 3209
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the regulation of currency exchange and currency
    1-3  transmission business.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 5, Article 350, Revised Statutes, is
    1-6  amended to read as follows:
    1-7        Sec. 5.  <The commissioner shall set the license application
    1-8  fees, license fees, license renewal fees, and examination fees in
    1-9  amounts reasonable and necessary to defray the cost of
   1-10  administering this article.>  The Finance Commission shall, by
   1-11  regulation, set the license application fee and license renewal fee
   1-12  as may be necessary to cover the cost of administering this article
   1-13  and shall establish a schedule for assessing examination and/or
   1-14  investigation fees necessary to defray the cost of the examination
   1-15  or investigation.  The schedule shall include, but is not limited
   1-16  to the following:
   1-17              (1)  a requirement for an itemization of expenses
   1-18  incurred by the Examiner on each bill to be provided to the
   1-19  licensee;
   1-20              (2)  a requirement for a breakdown of hours spent on
   1-21  examination and an hourly rate charge per Examiner;
   1-22              (3)  an explanation of the state imposed restrictions
   1-23  on lawful charges to be incurred by state employees with specific
    2-1  reference to provisions of the Texas statutes and/or regulations
    2-2  controlling the same.
    2-3        SECTION 2.  Section 8(b), Article 350, Revised Statutes, is
    2-4  amended to read as follows:
    2-5        Sec. 8.  (b)  Before the commissioner issues a license to an
    2-6  applicant, the commissioner must determine that the financial
    2-7  condition, business experience, and character and general fitness
    2-8  of an applicant are such that the issuance of a license to the
    2-9  applicant under this article is in the public interest.  If the
   2-10  applicant is an individual, he or she must be a resident of this
   2-11  State.  If the applicant is other than an individual, a majority of
   2-12  the principals must be residents of this State.  Notwithstanding
   2-13  anything herein to the contrary, the provisions of this Article
   2-14  related to residency of applicants are not intended to conflict
   2-15  with any provisions of the North American Free Trade Agreement or
   2-16  the General Agreement on Tariffs and Trade.  If any provision of
   2-17  the Article related to residency requirements are in conflict with
   2-18  the above mentioned trade agreements, it is the express intention
   2-19  of the Legislature that such trade agreements shall control.
   2-20        SECTION 3.  Section 8(c), Article 350, Revised Statutes, is
   2-21  amended to read as follows:
   2-22        Sec. 8.  (c)  A person is not eligible for a license or must
   2-23  surrender an existing license if<, during the previous 10 years,>
   2-24  the person or a principal of the person, if a business or any agent
   2-25  of the person:
    3-1              (1)  has been convicted, within the previous 10 years,
    3-2  of a felony or a crime involving moral turpitude under the laws of
    3-3  this state, any other state, or the United States;
    3-4              (2)  has been convicted, within the previous 10 years,
    3-5  of a crime under the laws of another country that involves moral
    3-6  turpitude or would be a felony if committed in the United States;
    3-7              (3)  owes delinquent taxes, fines or fees to any local,
    3-8  state, or federal taxing or governmental entity.
    3-9              (4)  is a close relative or spouse of a person who,
   3-10  within the previous 10 years, has been convicted of any State or
   3-11  Federal drug, money laundering or drug trafficking law;
   3-12              (5)  has, within the previous 10 years, violated the
   3-13  Sale of Checks Act or any State or Federal law relating to currency
   3-14  exchange or transmission or monetary instrument reporting
   3-15  requirements.
   3-16              (6)  has, as determined by the Commissioner, a record
   3-17  of violating, within the previous 10 years, any state or federal
   3-18  law relating to money laundering, Bank Secrecy Act reporting, labor
   3-19  or immigration laws.  The Commissioner has the sole discretion in
   3-20  determining whether such person or any principal or agent has such
   3-21  a record;
   3-22        SECTION 4.  Section 8(d), Article 350, Revised Statutes, is
   3-23  amended to read as follows:
   3-24        Sec. 8.  (d)  An applicant for a license or renewal of a
   3-25  license must demonstrate that the applicant:
    4-1              (1)  has not recklessly failed to file or evaded the
    4-2  obligation to file a currency transaction report as required by 31
    4-3  U.S.C. Section 5313 during the previous three years;
    4-4              (2)  has not recklessly accepted currency for exchange
    4-5  or transmission during the previous three years in which a portion
    4-6  of the currency was derived from an illegal transaction or
    4-7  activity;
    4-8              (3)  will conduct its currency exchange or transmission
    4-9  business within the bounds of state and federal law<; and>
   4-10              (4)  warrants the trust of the community; and
   4-11              (5)  has and will maintain effective January 1, 1996 a
   4-12  minimum paid in capital of $50,000 in liquid assets for each
   4-13  location at which business is conducted, including any location or
   4-14  agency that receives or holds any funds intended to be transmitted
   4-15  by another location.  Effective January 1, 1997, any applicant for
   4-16  a license or renewal of a license must have and maintain a minimum
   4-17  paid in capital of $100,000 in liquid assets for each location at
   4-18  which business is conducted, including any location or agency that
   4-19  receives or holds any funds intended to be transmitted by another
   4-20  location.  For purposes of this Section, liquid assets mean:
   4-21                    (A)  domestic or foreign cash, gold bullion or
   4-22  domestic or foreign bank notes;
   4-23                    (B)  investment securities that are obligations
   4-24  of the United States, its agencies or instrumentalities or
   4-25  obligations that are guaranteed fully as to principal and interest
    5-1  by the United States or any obligations of any state, municipality
    5-2  or political subdivision thereof; or
    5-3                    (C)  any other investment approved by the Banking
    5-4  Commissioner of Texas.
    5-5        SECTION 5.  Section 8, Article 350, Revised Statutes, is
    5-6  amended to add subsection (e) and will read as follows:
    5-7        Sec. 8  (e)  Prior to approving any application, the
    5-8  Department may investigate any applicant or any principal of an
    5-9  applicant who has spent any significant amount of time as an adult
   5-10  in a foreign country.  The Department is authorized to conduct such
   5-11  investigation at the sole expense of the applicant.  The Department
   5-12  may require the nonrefundable payment up front of the anticipated
   5-13  expenses for conducting such investigation.  Failure to provide the
   5-14  same or cooperate with the investigation shall constitute grounds
   5-15  for denying the application.
   5-16        SECTION 6.  Section 10, Article 350, Revised Statutes, is
   5-17  amended to read as follows:
   5-18        Sec. 10.  (a)  A person who is licensed under this article
   5-19  shall post a bond with a qualified surety company doing business in
   5-20  this state that is acceptable to the commissioner or an irrevocable
   5-21  letter of credit issued by a qualified financial institution that
   5-22  is acceptable to the commissioner.  The bond or letter of credit
   5-23  shall be in an amount determined by the commissioner.  The
   5-24  commissioner shall determine the amount of the bond or letter of
   5-25  credit based on the dollar volume of the licensee's currency
    6-1  exchange or transmission business and the number of locations from
    6-2  which the person operates, but the bond or letter of credit must be
    6-3  at least <$25,000> 50,000 per location at which currency is
    6-4  exchanged or accepted for transmission.  In determining the amount
    6-5  of bond for licensees engaged in the currency transmission
    6-6  business, the Banking Commissioner shall calculate the bond to be,
    6-7  at a minimum, equal to the maximum amount of funds held for
    6-8  transmission, but not yet transmitted, for any continuous period of
    6-9  time during the prior audit period, or a percentage, determined by
   6-10  the Commissioner, of the total funds transmitted annually,
   6-11  whichever is greater.
   6-12        (b)  A bond or letter of credit posted by a licensee must be
   6-13  conditioned that as long as the person holds the license the person
   6-14  will not violate this article or a rule adopted under this article.
   6-15  The beneficiary of the bond or letter of credit must be the Banking
   6-16  Department.
   6-17        SECTION 7.  Section 11, Article 350, Revised Statutes, is
   6-18  amended to read as follows:
   6-19        Sec. 11.  (a)  Each licensee is subject to a periodic
   6-20  examination of the licensee's business records by the commissioner
   6-21  at the expense of the licensee.  For the purpose of carrying out
   6-22  this article, the commissioner may examine all books, records,
   6-23  papers, or other objects that the commissioner determines are
   6-24  necessary for conducting a complete examination and may also
   6-25  examine under oath any principal associated with the license
    7-1  holder, including an officer, director, or employee of the
    7-2  licensee.  If a person required by the commissioner to submit to an
    7-3  examination refuses to permit the examination or to answer any
    7-4  question authorized by this article, the commissioner may suspend
    7-5  the person's license until the examination is completed.
    7-6        (b)  The Department, at least once every two years, shall
    7-7  conduct an unannounced examination in order to investigate and
    7-8  examine properly each licensee's compliance with all state and
    7-9  federal laws.
   7-10        (c)  As part of every examination, the Department shall
   7-11  verify that each licensee is complying with all state and federal
   7-12  laws in the conduct of such business, including, but not limited
   7-13  to, examination of compliance with all labor and immigration laws
   7-14  as well as all Bank Secrecy Act reporting requirements.
   7-15        SECTION 8.  Section 17, Article 350, Revised Statutes, is
   7-16  amended to read as follows:
   7-17        Sec. 17.  As provided by Chapter 59, Code of Criminal
   7-18  Procedure, the state may seek the forfeiture of all money, real
   7-19  estate, equipment, business assets, bank accounts, financial
   7-20  instruments, accounts receivable, and all other property, real or
   7-21  personal, tangible or intangible, related to the currency exchange
   7-22  or transmission business conducted by a person who knowingly
   7-23  operates a currency exchange or transmission business in violation
   7-24  of this article, including rules adopted under this article, or
   7-25  operates without a proper license.
    8-1        SECTION 9.  Section 22, Article 350, Revised Statutes, is
    8-2  hereby added and reads as follows:
    8-3                         DECEPTIVE ADVERTISING
    8-4        Sec. 22.  (a)  Any person holding a license under this
    8-5  Article determines to conduct any type of advertising of prices to
    8-6  be charged for services provided herein, the person is required to
    8-7  specifically state any fees or commissions to be charged to the
    8-8  consumer.  The Finance Commission shall, by rule, establish
    8-9  requirements for size and type of lettering in all advertisements
   8-10  of rates.  A violation of this provision shall be considered a
   8-11  violation of the Act and a deceptive practice as that term is
   8-12  defined in the Texas Business and Commerce Code.
   8-13        (b)  Applicants for licenses shall not utilize any name or
   8-14  advertising technique which is similar to any other licensee.  The
   8-15  Department shall not grant any license to any applicant who
   8-16  attempts to utilize a name that is similar to any other licensee.
   8-17  The Finance Commission shall promulgate rules necessary to
   8-18  implement the requirements of this subsection.
   8-19        SECTION 10.  Article 342-104, Revised Statutes, is amended to
   8-20  read as follows:
   8-21        1.  Two (2) members of the Finance Commission shall be
   8-22  banking executives.  For the purposes of this article, a banking
   8-23  executive is a person who has had five (5) years or more executive
   8-24  experience in the seven (7) years next preceding the person's
   8-25  appointment in a Federal or State bank in a capacity not lower than
    9-1  cashier and who, at the time of the person's appointment, is an
    9-2  officer in a State bank.
    9-3        2.  Two (2) members of the Finance Commission shall be
    9-4  savings executives.  For the purposes of this article a savings
    9-5  executive is a person who:
    9-6              (i)  has had five (5) years or more executive
    9-7  experience in the seven (7) years next preceding the person's
    9-8  appointment in a State or Federal Savings and Loan Association, a
    9-9  savings bank, or a federal savings bank in a capacity not lower
   9-10  than cashier; and
   9-11              (ii)  at the time of the person's appointment is an
   9-12  officer in a State association or a savings bank.
   9-13        3.  One member of the Finance Commission shall be a currency
   9-14  exchange executive.  For purposes of this Article, a currency
   9-15  exchange executive is a person who:
   9-16              (i)  has had five (5) years or more executive
   9-17  experience in the seven (7) years preceding the person's
   9-18  appointment in the currency exchange or currency transmission
   9-19  business and has served as an officer or director or principal for
   9-20  at least five (5) years; and
   9-21              (ii)  at the time of the person's appointment, is a
   9-22  principal in a currency exchange business license pursuant to
   9-23  Article 350, Revised Civil Statutes.
   9-24        <3> 4.  Experience as Banking Commissioner, Deputy Banking
   9-25  Commissioner, Departmental Examiner, or Examiner shall be deemed
   10-1  executive banking experience, and experience as Savings and Loan
   10-2  Commissioner, Deputy Savings and Loan Commissioner, or Savings and
   10-3  Loan Examiner shall be deemed executive savings and loan
   10-4  experience, within the meaning of this article.
   10-5        <4> 5.  The members of the Finance Commission who are not
   10-6  banking executives, <or> savings executives, or currency exchange
   10-7  executives  shall be selected by the Governor on the basis of
   10-8  recognized business ability.  Those members may not be banking
   10-9  executives, savings executives, or controlling shareholders in a
  10-10  bank, savings and loan association, or savings bank.  At least one
  10-11  of those members must be a certified public accountant.
  10-12        <5> 6.  A member or employee of the Finance Commission may
  10-13  not be an officer, employee, or paid consultant of a trade
  10-14  association in the banking or lending industry.  A member or
  10-15  employee of the Finance Commission may not be related within the
  10-16  second degree by affinity or consanguinity, as determined under
  10-17  Article 5996h, Revised Statutes, to a person who is an officer,
  10-18  employee, or paid consultant of a trade association in the banking
  10-19  or lending industry.
  10-20        SECTION 11.  The importance of this legislation and the
  10-21  crowded condition of the calendars in both houses create an
  10-22  emergency and an imperative public necessity that the
  10-23  constitutional rule requiring bills to be read on three several
  10-24  days in each house be suspended, and this rule is hereby suspended,
  10-25  and that this Act take effect and be in force from and after its
   11-1  passage, and it is so enacted.