S.B. No. 752
                                        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.  Subdivision (10), Section 1, Article 350, Revised
   1-22  Statutes, is amended to read as follows:
   1-23              (10)  "Principal" means an owner, officer, director,
   1-24  partner, trustee, agent, or other person participating in the
    2-1  conduct of the affairs of a licensee or exercising supervisory
    2-2  duties.
    2-3        SECTION 3.  Section 2, Article 350, Revised Statutes, is
    2-4  amended to read as follows:
    2-5        Sec. 2.  LICENSE REQUIRED.  Except as provided by Section 3
    2-6  of this article, a person may not engage in the business of
    2-7  currency exchange, transportation, or transmission in this state
    2-8  without a license issued under this article.
    2-9        SECTION 4.  Section 3, Article 350, Revised Statutes, is
   2-10  amended by amending Subsection (c) and by adding Subsection (f) to
   2-11  read as follows:
   2-12        (c)  A retailer, wholesaler, or service provider who, in the
   2-13  ordinary course of business, accepts currency of a country or
   2-14  government other than the United States in payment for goods sold
   2-15  or services provided is eligible for an exemption from licensing
   2-16  under this article.  A person requesting an exemption under this
   2-17  subsection must notify <annually file an application with> the
   2-18  commissioner in writing that the person qualifies for and intends
   2-19  to take advantage of the exemption and must certify that the
   2-20  person's currency exchange activities will be consistent with
   2-21  continued eligibility<, accompanied by a nonrefundable license
   2-22  exemption application fee in an amount to be set by the
   2-23  commissioner to recover the cost of administering this subsection.
   2-24  The commissioner shall grant an exemption to a person under this
   2-25  subsection if the commissioner determines that the person making
   2-26  the request is eligible under this subsection>.  The commissioner
   2-27  in accordance with the examination provisions of this article may
    3-1  examine a person to verify the exempt status.  The retailer,
    3-2  wholesaler, or service provider is not eligible for an exemption
    3-3  <may not be exempted under this subsection or an exemption may be
    3-4  suspended or revoked> if:
    3-5              (1)  the value of the goods or services purchased in a
    3-6  single transaction exceeds $10,000;
    3-7              (2)  the change given or made as a result of the
    3-8  transaction exceeds $100;
    3-9              (3)  an attempt is made to structure transactions in a
   3-10  way to evade the licensing requirements of this article or to avoid
   3-11  using a licensed currency exchange business;
   3-12              (4)  the retailer, wholesaler, or service provider is
   3-13  engaged in the business of cashing checks, drafts, or other
   3-14  monetary instruments for a fee or other consideration and is not
   3-15  otherwise exempted from licensing under this article; or
   3-16              (5)  the retailer, wholesaler, or service provider
   3-17  would not be eligible for a license under Section 8 of this
   3-18  article.
   3-19        (f)  A person engaged in the business of currency
   3-20  transportation who holds a permit issued under Section 6-dd,
   3-21  Chapter 314, Acts of the 41st Legislature, Regular Session, 1929
   3-22  (Article 911b, Vernon's Texas Civil Statutes), is not required to
   3-23  be licensed under this article, provided that such a permit does
   3-24  not authorize the person to engage in the business of currency
   3-25  exchange or transmission without a license issued under this
   3-26  article.
   3-27        SECTION 5.  Section 8, Article 350, Revised Statutes, is
    4-1  amended by amending Subsections (c) and (d) and by adding
    4-2  Subsections (e) and (f) to read as follows:
    4-3        (c)  A person is not eligible for a license or must surrender
    4-4  an existing license if, during the previous 10 years:
    4-5              (1)  <,> the person or a principal of the person, if a
    4-6  business:
    4-7                    (A) <(1)>  has been convicted of a felony or a
    4-8  crime involving moral turpitude under the laws of this state, any
    4-9  other state, or the United States;
   4-10                    (B) <(2)>  has been convicted of a crime under
   4-11  the laws of another country that involves moral turpitude or would
   4-12  be a felony if committed in the United States; or
   4-13                    (C)  has been convicted under a state or federal
   4-14  law relating to currency exchange or transmission or any state or
   4-15  federal monetary instrument reporting requirement; or
   4-16              (2)  the person, a principal of the person, or the
   4-17  spouse of the person or a principal of the person has been
   4-18  convicted of an offense under a state or federal law relating to
   4-19  drugs, drug trafficking, money laundering, or immigration or a
   4-20  reporting requirement of the Bank Secrecy Act (Pub. L. 91-508)
   4-21              <(3)  owes delinquent taxes to any local, state, or
   4-22  federal taxing entity>.
   4-23        (d)  An applicant for a license or renewal of a license must
   4-24  demonstrate that the applicant:
   4-25              (1)  has not recklessly failed to file or evaded the
   4-26  obligation to file a currency transaction report as required by 31
   4-27  U.S.C. Section 5313 during the previous three years;
    5-1              (2)  has not recklessly accepted currency for exchange
    5-2  or transmission during the previous three years in which a portion
    5-3  of the currency was derived from an illegal transaction or
    5-4  activity;
    5-5              (3)  will conduct its currency exchange or transmission
    5-6  business within the bounds of state and federal law; <and>
    5-7              (4)  warrants the trust of the community;
    5-8              (5)  has and will maintain a minimum net worth of
    5-9  $25,000, computed according to generally accepted accounting
   5-10  principles for each location at which currency is accepted for
   5-11  transmission, except that an applicant for a license or renewal of
   5-12  a license may not be required to maintain a net worth of more than
   5-13  $1 million, computed according to generally accepted accounting
   5-14  principles; and
   5-15              (6)  does not owe delinquent taxes, fines, or fees to
   5-16  any local, state, or federal taxing authority or governmental
   5-17  agency, department, or other political subdivision.
   5-18        (e)  A person is not eligible for a license, and a person who
   5-19  holds a license shall surrender the license to the commissioner, if
   5-20  the person or a principal of the person has at any time been
   5-21  convicted of:
   5-22              (1)  a felony under Chapter 34, Penal Code, or a
   5-23  similar provision of the laws of another state or the United States
   5-24  involving the laundering of money that is the product of or
   5-25  proceeds from criminal activity; or
   5-26              (2)  a felony violation of 31 U.S.C. Section 5313 or
   5-27  5324 or a rule adopted under those sections.
    6-1        (f)  Before approving an application for a license, the
    6-2  Banking Department may investigate an applicant or principal of an
    6-3  applicant at the sole expense of the applicant and may require the
    6-4  applicant to pay a nonrefundable payment of the anticipated
    6-5  expenses for conducting the investigation.  Failure to make the
    6-6  payment or cooperate with the investigation is grounds for denying
    6-7  the application.
    6-8        SECTION 6.  Section 10, Article 350, Revised Statutes, is
    6-9  amended by amending Subsection (a) and by adding Subsections (c)
   6-10  and (d) to read as follows:
   6-11        (a)  A person who is licensed under this article shall post a
   6-12  bond with a qualified surety company doing business in this state
   6-13  that is acceptable to the commissioner or an irrevocable letter of
   6-14  credit issued by a qualified financial institution that is
   6-15  acceptable to the commissioner.  The bond or letter of credit shall
   6-16  be in an amount determined by the commissioner.  The commissioner
   6-17  shall determine the amount of the bond or letter of credit based on
   6-18  the dollar volume of the licensee's currency exchange or
   6-19  transmission business and the number of locations from which the
   6-20  person operates, but the bond or letter of credit must be at least
   6-21  $25,000 for a person conducting a currency exchange business and at
   6-22  least $300,000 for a person conducting a currency transmission or
   6-23  currency transportation business.
   6-24        (c)  Instead of the bond or letter of credit required under
   6-25  Subsection (a) of this section, a licensee, with the prior written
   6-26  permission of the commission, may deposit with the commissioner
   6-27  United States currency or cash equivalent instruments or securities
    7-1  acceptable to the commissioner.  The amount of currency or the fair
    7-2  market value of the instruments or securities must be an amount
    7-3  equal to or exceeding the amount required for the bond or letter of
    7-4  credit under Subsection (a) of this section.  The commissioner may
    7-5  adopt rules to implement this subsection.
    7-6        (d)  A fee under Section 5 of this article, expenses under
    7-7  Section 11 of this article, or a civil penalty under Section 15 of
    7-8  this article may be paid out of and collected from the proceeds of
    7-9  a bond, letter of credit, or deposit under this section.
   7-10        SECTION 7.  Article 350, Revised Statutes, is amended by
   7-11  adding Section 13A to read as follows:
   7-12        Sec. 13A.  FRAUDULENTLY STRUCTURED TRANSACTION.  (a)  A
   7-13  person, for the purpose of evading a reporting or record-keeping
   7-14  requirement of 31 U.S.C. Section 5313, 31 C.F.R. Part 103, Article
   7-15  351, Revised Statutes, this article, or a rule adopted under this
   7-16  article, may not with respect to a transaction with a licensee:
   7-17              (1)  cause or attempt to cause the licensee to:
   7-18                    (A)  not maintain a record or file a report
   7-19  required by a law listed by this subsection; or
   7-20                    (B)  maintain a record or file a report required
   7-21  by a law listed by this subsection that contains a material
   7-22  omission or misstatement of fact; or
   7-23              (2)  fraudulently structure the transaction.
   7-24        (b)  For the purposes of this article, a person fraudulently
   7-25  structures a transaction if the person conducts or attempts to
   7-26  conduct a transaction in any amount of currency with a licensee in
   7-27  a manner having the purpose of evading a record-keeping or
    8-1  reporting requirement of a law listed by Subsection (a) of this
    8-2  section, including the division of a single amount of currency into
    8-3  smaller amounts or the conduct of a transaction or series of
    8-4  transactions in amounts equal to or less than the reporting or
    8-5  record-keeping threshold of a law listed by Subsection (a) of this
    8-6  section.
    8-7        (c)  A transaction is not required to exceed a record-keeping
    8-8  or reporting threshold of a single licensee on a single day to be a
    8-9  fraudulently structured transaction.
   8-10        SECTION 8.  Subsection (a), Section 14, Article 350, Revised
   8-11  Statutes, is amended to read as follows:
   8-12        (a)  A person commits an offense if the person knowingly:
   8-13              (1)  violates a requirement of this article;
   8-14              (2)  makes a false, fictitious, or fraudulent
   8-15  statement, representation, or entry in a record or report required
   8-16  under 31 U.S.C. Section 5313, 31 C.F.R. Part 103, Article 351,
   8-17  Revised Statutes, this article, or a rule adopted under this
   8-18  article; or
   8-19              (3)  fraudulently structures or attempts to
   8-20  fraudulently structure a transaction in violation of Section 13A of
   8-21  this article.
   8-22        SECTION 9.  Section 21, Article 350, Revised Statutes, is
   8-23  amended to read as follows:
   8-24        Sec. 21.  HEARINGS.  (a) A license may not be denied,
   8-25  revoked, or suspended except after notice and opportunity for <a>
   8-26  hearing on that action.  The notice must:
   8-27              (1)  be in the form specified by Section 2001.052,
    9-1  Government Code;
    9-2              (2)  be given by registered or certified mail addressed
    9-3  to the applicant or licensee at the address stated on the
    9-4  application or license; and
    9-5              (3)  fix a date, not less than 10 days after the date
    9-6  it is mailed, by which the applicant or licensee must request a
    9-7  hearing.
    9-8        (b)  If a hearing is not requested by the date specified in
    9-9  the notice, the proposed action becomes final.  If a hearing is
   9-10  requested, it shall be conducted in accordance with Chapter 2001,
   9-11  Government Code (Administrative Procedure Act). <The commissioner
   9-12  shall give the applicant or licensee at least 20 days' written
   9-13  notice of the time and place of the hearing by registered or
   9-14  certified mail addressed to the principal place of business of the
   9-15  applicant or licensee.>
   9-16        (c)  An order of the commissioner denying or revoking a
   9-17  license must state the grounds on which the denial or revocation is
   9-18  based and is not effective until the 21st day after the date
   9-19  written notice has been sent by registered or certified mail to the
   9-20  applicant or licensee at the address stated on the application or
   9-21  license <principal place of business>.  If the commissioner finds
   9-22  that an imminent peril to public health, safety, or welfare is
   9-23  threatened, the commissioner may make the order effective
   9-24  immediately.  An applicant or <A> licensee may appeal a finding or
   9-25  order of the commissioner under the substantial evidence rule as
   9-26  provided by Chapter 2001, Government Code (<the> Administrative
   9-27  Procedure <and Texas Register> Act) <(Article 6252-13a, Vernon's
   10-1  Texas Civil Statutes). Notice under this section is effective on
   10-2  the date the notice is placed in the mail>.
   10-3        SECTION 10.  Article 350, Revised Statutes, is amended by
   10-4  adding Section 22 to read as follows:
   10-5        Sec. 22.  DECEPTIVE NAME OR ADVERTISING.  (a)  A licensee who
   10-6  advertises the prices to be charged by the currency exchange or
   10-7  currency transmission business for services that are governed by
   10-8  this article must specifically state in the advertisement all fees
   10-9  or commissions to be charged to the consumer.
  10-10        (b)  The commissioner by rule may establish requirements for
  10-11  the size and type of lettering a licensee must use in an
  10-12  advertisement for prices or rates.
  10-13        (c)  A person who violates this section or a rule adopted
  10-14  under this section commits a false, misleading, or deceptive act or
  10-15  practice within the meaning of Subsections (a) and (b), Section
  10-16  17.46, Business & Commerce Code.
  10-17        (d)  A corporate licensee may not use the same name as, or a
  10-18  name deceptively similar to, the name of any domestic corporation
  10-19  existing under the laws of this state, or the name of any foreign
  10-20  corporation authorized to transact business in this state, except
  10-21  as provided by the Texas Business Corporation Act.
  10-22        SECTION 11.  Section 4, The Sale of Checks Act (Article 489d,
  10-23  Vernon's Texas Civil Statutes), is amended to read as follows:
  10-24        Sec. 4.  Exemption from Licensing.  (1)  No license to sell
  10-25  checks as aforesaid shall be required hereunder of any of the
  10-26  following:
  10-27              (a)  Banks, credit unions, building and loan
   11-1  associations, and savings and loan associations, whether organized
   11-2  under the laws of this state or of the United States; provided,
   11-3  however, that they do not issue or sell checks, other than
   11-4  traveler's checks, off premises and that they do not issue or sell
   11-5  checks, other than traveler's checks, through agents who are not
   11-6  directly or indirectly owned by them;
   11-7              (b)  Incorporated telegraph companies insofar as they
   11-8  receive money at any of their respective offices or agencies for
   11-9  immediate transmission by telegraph;
  11-10              (c)  Agents of a licensee, as provided in Section 11;
  11-11  <or>
  11-12              (d)  The United States or any department or agency of
  11-13  the United States;
  11-14              (e)  With the prior written consent of the
  11-15  Commissioner, a person holding a license under Article 350, Revised
  11-16  Statutes, if:
  11-17                    (i)  the person has a net worth not less than
  11-18  $250,000 and meets all other licensing requirements of this Act;
  11-19                    (ii)  the person maintains a bond in accordance
  11-20  with Section 7, except that the minimum principal amount of the
  11-21  bond shall be $350,000; and
  11-22                    (iii)  the person sells checks only in
  11-23  conjunction with a currency exchange or transmission transaction,
  11-24  as defined by Article 350, Revised Statutes, and segregates all
  11-25  proceeds from the sale of checks.
  11-26        (2)  A person governed by Subsection (1)(e) of this section
  11-27  is subject to all other provisions of this Act to the extent the
   12-1  person engages in the business of selling checks and to rules
   12-2  adopted by the Commissioner to administer and carry out Subsection
   12-3  (1)(e) of this section, including rules to:
   12-4              (a)  define or further define terms used in Subsection
   12-5  (1)(e) of this section; and
   12-6              (b)  establish limits or requirements pertaining to
   12-7  bonding, net worth, and the sale of checks activities of a person
   12-8  under Subsection (1)(e) of this section other than those specified
   12-9  by that subsection.
  12-10        SECTION 12.  This Act takes effect September 1, 1995, except
  12-11  that a person is not required to meet the minimum net worth
  12-12  requirements of Subdivision (5), Subsection (d), Section 8, Article
  12-13  350, Revised Statutes, as amended by this Act, until January 1,
  12-14  1996.
  12-15        SECTION 13.  The importance of this legislation and the
  12-16  crowded condition of the calendars in both houses create an
  12-17  emergency and an imperative public necessity that the
  12-18  constitutional rule requiring bills to be read on three several
  12-19  days in each house be suspended, and this rule is hereby suspended.