By:  Patterson                                         S.B. No. 752
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to regulation of businesses conducting currency exchange,
    1-2  transportation, or transmission; creating offenses and providing
    1-3  penalties.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 1, Article 350, Revised Statutes, is
    1-6  amended by amending Subdivisions (5) and (6) and by adding
    1-7  Subdivision (11) to read as follows:
    1-8              (5)  "Currency exchange, transportation, or
    1-9  transmission business" means a person who is engaging in currency
   1-10  exchange, currency transportation, or currency transmission as a
   1-11  service or for profit.
   1-12              (6)  "Currency transmission" means engaging in the
   1-13  business of receiving currency for the purpose of transmitting the
   1-14  currency or its equivalent by wire, computer modem, facsimile, or
   1-15  other electronic means, or through the use of a financial
   1-16  institution, financial intermediary, the federal reserve system, or
   1-17  other <a similar electronic or> funds transfer network.
   1-18              (11)  "Currency transportation" means engaging in the
   1-19  business of physically transporting currency from one location to
   1-20  another.
   1-21        SECTION 2.  Section 2, Article 350, Revised Statutes, is
   1-22  amended to read as follows:
   1-23        Sec. 2.  LICENSE REQUIRED.  Except as provided by Section 3
   1-24  of this article, a person may not engage in the business of
    2-1  currency exchange, transportation, or transmission in this state
    2-2  without a license issued under this article.
    2-3        SECTION 3.  Section 3, Article 350, Revised Statutes, is
    2-4  amended by amending Subsection (c) and adding Subsection (f) to
    2-5  read as follows:
    2-6        (c)  A retailer, wholesaler, or service provider who, in the
    2-7  ordinary course of business, accepts currency of a country or
    2-8  government other than the United States in payment for goods sold
    2-9  or services provided is eligible for an exemption from licensing
   2-10  under this article.  A person requesting an exemption under this
   2-11  subsection must notify <annually file an application with> the
   2-12  commissioner in writing that the person qualifies for and intends
   2-13  to assert the exemption and must certify that the person will
   2-14  conduct the person's currency exchange activities in a manner that
   2-15  maintains the person's eligibility for the exemption<, accompanied
   2-16  by a nonrefundable license exemption application fee in an amount
   2-17  to be set by the commissioner to recover the cost of administering
   2-18  this subsection.  The commissioner shall grant an exemption to a
   2-19  person under this subsection if the commissioner determines that
   2-20  the person making the request is eligible under this subsection>.
   2-21  The commissioner in accordance with the examination provisions of
   2-22  this article may examine a person to verify the exempt status.  The
   2-23  retailer, wholesaler, or service provider is not eligible for an
   2-24  exemption <may not be exempted under this subsection or an
   2-25  exemption may be suspended or revoked> if:
   2-26              (1)  the value of the goods or services purchased in a
   2-27  single transaction exceeds $10,000;
    3-1              (2)  the change given or made as a result of the
    3-2  transaction exceeds $100;
    3-3              (3)  an attempt is made to structure transactions in a
    3-4  way to evade the licensing requirements of this article or to avoid
    3-5  using a licensed currency exchange business;
    3-6              (4)  the retailer, wholesaler, or service provider is
    3-7  engaged in the business of cashing checks, drafts, or other
    3-8  monetary instruments for a fee or other consideration and is not
    3-9  otherwise exempted from licensing under this article; or
   3-10              (5)  the retailer, wholesaler, or service provider
   3-11  would not be eligible for a license under Section 8 of this
   3-12  article.
   3-13        (f)  A person engaged in the business of currency
   3-14  transportation who holds a permit issued under Section 6-dd,
   3-15  Chapter 314, Acts of the 41st Legislature, Regular Session, 1929
   3-16  (Article 911b, Vernon's Texas Civil Statutes), is not required to
   3-17  be licensed under this article, provided that such a permit does
   3-18  not authorize the person to engage in the business of currency
   3-19  exchange or transmission without a license issued under this
   3-20  article.
   3-21        SECTION 4.  Section 8, Article 350, Revised Statutes, is
   3-22  amended by adding Subsection (e) to read as follows:
   3-23        (e)  A person is not eligible for a license, and a person who
   3-24  holds a license shall surrender the license to the commissioner, if
   3-25  the person or a principal of the person has at any time been
   3-26  convicted of:
   3-27              (1)  a felony under Chapter 34, Penal Code, or a
    4-1  similar provision of the laws of another state or the United States
    4-2  involving the laundering of money that is the product of or
    4-3  proceeds from criminal activity; or
    4-4              (2)  a felony violation of 31 U.S.C. Section 5313 or
    4-5  5324 or a rule adopted under those sections.
    4-6        SECTION 5.  Section 10, Article 350, Revised Statutes, is
    4-7  amended by amending Subsection (a) and by adding Subsections (c)
    4-8  and (d) to read as follows:
    4-9        (a)  A person who is licensed under this article shall post a
   4-10  bond with a qualified surety company doing business in this state
   4-11  that is acceptable to the commissioner or an irrevocable letter of
   4-12  credit issued by a qualified financial institution that is
   4-13  acceptable to the commissioner.  The bond or letter of credit shall
   4-14  be in an amount determined by the commissioner.  The commissioner
   4-15  shall determine the amount of the bond or letter of credit based on
   4-16  the dollar volume of the licensee's currency exchange or
   4-17  transmission business and the number of locations from which the
   4-18  person operates, but the bond or letter of credit must be at least
   4-19  $25,000 for a person conducting a currency exchange business and at
   4-20  least $300,000 for a person conducting a currency transmission or
   4-21  currency transportation business.
   4-22        (c)  Instead of the bond or letter of credit required under
   4-23  Subsection (a) of this section, a licensee, with the prior written
   4-24  permission of the commission, may deposit with the commissioner
   4-25  United States currency or cash equivalent instruments or securities
   4-26  acceptable to the commissioner.  The amount of currency or the fair
   4-27  market value of the instruments or securities must be an amount
    5-1  equal to or exceeding the amount required for the bond or letter of
    5-2  credit under Subsection (a) of this section.  The commissioner may
    5-3  adopt rules to implement this subsection.
    5-4        (d)  A fee under Section 5 of this article, expenses under
    5-5  Section 11 of this article, or a civil penalty under Section 15 of
    5-6  this article may be paid out of and collected from the proceeds of
    5-7  a bond, letter of credit, or deposit under this section.
    5-8        SECTION 6.  Article 350, Revised Statutes, is amended by
    5-9  adding Section 13A to read as follows:
   5-10        Sec. 13A.  FRAUDULENTLY STRUCTURED TRANSACTION.  (a)  A
   5-11  person, for the purpose of evading a reporting or record-keeping
   5-12  requirement of 31 U.S.C. Section 5313, 31 C.F.R. Part 103, Article
   5-13  351, Revised Statutes, this article, or a rule adopted under this
   5-14  article, may not with respect to a transaction with a licensee:
   5-15              (1)  cause or attempt to cause the licensee to:
   5-16                    (A)  not maintain a record or file a report
   5-17  required by a law listed by this subsection; or
   5-18                    (B)  maintain a record or file a report required
   5-19  by a law listed by this subsection that contains a material
   5-20  omission or misstatement of fact; or
   5-21              (2)  fraudulently structure the transaction.
   5-22        (b)  For the purposes of this article, a person fraudulently
   5-23  structures a transaction if the person conducts or attempts to
   5-24  conduct a transaction in any amount of currency with a licensee in
   5-25  a manner having the purpose of evading a record-keeping or
   5-26  reporting requirement of a law listed by Subsection (a) of this
   5-27  section, including the division of a single amount of currency into
    6-1  smaller amounts or the conduct of a transaction or series of
    6-2  transactions in amounts equal to or less than the reporting or
    6-3  record-keeping threshold of a law listed by Subsection (a) of this
    6-4  section.
    6-5        (c)  A transaction is not required to exceed a record-keeping
    6-6  or reporting threshold of a single licensee on a single day to be a
    6-7  fraudulently structured transaction.
    6-8        SECTION 7.  Subsection (a), Section 14, Article 350, Revised
    6-9  Statutes, is amended to read as follows:
   6-10        (a)  A person commits an offense if the person knowingly:
   6-11              (1)  violates a requirement of this article;
   6-12              (2)  makes a false, fictitious, or fraudulent
   6-13  statement, representation, or entry in a record or report required
   6-14  under 31 U.S.C. Section 5313, 31 C.F.R. Part 103, Article 351,
   6-15  Revised Statutes, this article, or a rule adopted under this
   6-16  article; or
   6-17              (3)  fraudulently structures or attempts to
   6-18  fraudulently structure a transaction in violation of Section 13A of
   6-19  this article.
   6-20        SECTION 8.  Section 21, Article 350, Revised Statutes, is
   6-21  amended to read as follows:
   6-22        Sec. 21.  HEARINGS.  (a) A license may not be denied,
   6-23  revoked, or suspended except after notice and opportunity for <a>
   6-24  hearing on that action.  The notice must:
   6-25              (1)  be in the form specified by Section 2001.052,
   6-26  Government Code;
   6-27              (2)  be given by registered or certified mail addressed
    7-1  to the applicant or licensee at the address stated on the
    7-2  application or license; and
    7-3              (3)  fix a date, not less than 10 days after the date
    7-4  it is mailed, by which the applicant or licensee must request a
    7-5  hearing.
    7-6        (b)  If a hearing is not requested by the date specified in
    7-7  the notice, the proposed action becomes final.  If a hearing is
    7-8  requested, it shall be conducted in accordance with Chapter 2001,
    7-9  Government Code (Administrative Procedure Act). <The commissioner
   7-10  shall give the applicant or licensee at least 20 days' written
   7-11  notice of the time and place of the hearing by registered or
   7-12  certified mail addressed to the principal place of business of the
   7-13  applicant or licensee.>
   7-14        (c)  An order of the commissioner denying or revoking a
   7-15  license must state the grounds on which the denial or revocation is
   7-16  based and is not effective until the 21st day after the date
   7-17  written notice has been sent by registered or certified mail to the
   7-18  applicant or licensee at the address stated on the application or
   7-19  license <principal place of business>.  If the commissioner finds
   7-20  that an imminent peril to public health, safety, or welfare is
   7-21  threatened, the commissioner may make the order effective
   7-22  immediately.  An applicant or <A> licensee may appeal a finding or
   7-23  order of the commissioner under the substantial evidence rule as
   7-24  provided by Chapter 2001, Government Code (<the> Administrative
   7-25  Procedure <and Texas Register> Act) <(Article 6252-13a, Vernon's
   7-26  Texas Civil Statutes). Notice under this section is effective on
   7-27  the date the notice is placed in the mail>.
    8-1        SECTION 9.  This Act takes effect September 1, 1995.
    8-2        SECTION 10.  The importance of this legislation and the
    8-3  crowded condition of the calendars in both houses create an
    8-4  emergency and an imperative public necessity that the
    8-5  constitutional rule requiring bills to be read on three several
    8-6  days in each house be suspended, and this rule is hereby suspended.