By Patterson                                           S.B. No. 752
       74R4501 DWS-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to regulation of businesses conducting currency exchange
    1-3  or transmission.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 1(6), Article 350, Revised Statutes, is
    1-6  amended to read as follows:
    1-7              (6)  "Currency transmission" means engaging in the
    1-8  business of receiving currency for the purpose of transmitting the
    1-9  currency or its equivalent by wire, computer modem, facsimile, or
   1-10  other electronic means, or through the use of a financial
   1-11  institution, financial intermediary, the federal reserve system, or
   1-12  other <a similar electronic or> funds transfer network, including
   1-13  the physical transportation of currency by courier.
   1-14        SECTION 2.  Section 3(c), Article 350, Revised Statutes, is
   1-15  amended to read as follows:
   1-16        (c)  A retailer, wholesaler, or service provider who, in the
   1-17  ordinary course of business, accepts currency of a country or
   1-18  government other than the United States in payment for goods sold
   1-19  or services provided is eligible for an exemption from licensing
   1-20  under this article.  A person requesting an exemption under this
   1-21  subsection must notify <annually file an application with> the
   1-22  commissioner in writing that the person qualifies for and intends
   1-23  to assert the exemption and must certify that the person will
   1-24  conduct the person's currency exchange activities in a manner that
    2-1  maintains the person's eligibility for the exemption<, accompanied
    2-2  by a nonrefundable license exemption application fee in an amount
    2-3  to be set by the commissioner to recover the cost of administering
    2-4  this subsection>.  The commissioner shall grant an exemption to a
    2-5  person under this subsection if the commissioner determines that
    2-6  the person making the request is eligible under this subsection.
    2-7  The commissioner in accordance with the examination provisions of
    2-8  this article may examine a person to verify the exempt status.  The
    2-9  retailer, wholesaler, or service provider is not eligible for an
   2-10  exemption <may not be exempted under this subsection or an
   2-11  exemption may be suspended or revoked> if:
   2-12              (1)  the value of the goods or services purchased in a
   2-13  single transaction exceeds $10,000;
   2-14              (2)  the change given or made as a result of the
   2-15  transaction exceeds $100;
   2-16              (3)  an attempt is made to structure transactions in a
   2-17  way to evade the licensing requirements of this article or to avoid
   2-18  using a licensed currency exchange business;
   2-19              (4)  the retailer, wholesaler, or service provider is
   2-20  engaged in the business of cashing checks, drafts, or other
   2-21  monetary instruments for a fee or other consideration and is not
   2-22  otherwise exempted from licensing under this article; or
   2-23              (5)  the retailer, wholesaler, or service provider
   2-24  would not be eligible for a license under Section 8 of this
   2-25  article.
   2-26        SECTION 3.  Section 8, Article 350, Revised Statutes, is
   2-27  amended by adding Subsection (e) to read as follows:
    3-1        (e)  A person is not eligible for a license, and a person who
    3-2  holds a license shall surrender the license to the commissioner, if
    3-3  the person or a principal of the person has at any time been
    3-4  convicted of a felony under Chapter 34, Penal Code, or a similar
    3-5  provision of the laws of another state or the United States
    3-6  involving the laundering of money that is the product of or
    3-7  proceeds from criminal activity.
    3-8        SECTION 4.  Section 10, Article 350, Revised Statutes, is
    3-9  amended by amending Subsection (a) and adding Subsections (c) and
   3-10  (d) to read as follows:
   3-11        (a)  A person who is licensed under this article shall post a
   3-12  bond with a qualified surety company doing business in this state
   3-13  that is acceptable to the commissioner or an irrevocable letter of
   3-14  credit issued by a qualified financial institution that is
   3-15  acceptable to the commissioner.  The bond or letter of credit shall
   3-16  be in an amount determined by the commissioner.  The commissioner
   3-17  shall determine the amount of the bond or letter of credit based on
   3-18  the dollar volume of the licensee's currency exchange or
   3-19  transmission business and the number of locations from which the
   3-20  person operates, but the bond or letter of credit must be at least
   3-21  $25,000 for a person conducting a currency exchange business and at
   3-22  least $250,000 for a person conducting a currency transmission
   3-23  business.
   3-24        (c)  Instead of the bond or letter of credit required under
   3-25  Subsection (a) of this section, a licensee, with the prior written
   3-26  permission of the commission, may deposit with the commissioner
   3-27  United States currency or cash equivalent instruments or securities
    4-1  acceptable to the commissioner.  The amount of currency or the fair
    4-2  market value of the instruments or securities must be an amount
    4-3  equal to or exceeding the amount required for the bond or letter of
    4-4  credit under Subsection (a) of this section.  The commissioner may
    4-5  adopt rules to implement this subsection.
    4-6        (d)  A fee under Section 5 of this article, expenses under
    4-7  Section 11 of this article, or a civil penalty under Section 15 of
    4-8  this article may be paid out of and collected from the proceeds of
    4-9  a bond, letter of credit, or deposit under this section.
   4-10        SECTION 5.  Article 350, Revised Statutes, is amended by
   4-11  adding Section 13A to read as follows:
   4-12        Sec. 13A.  FRAUDULENTLY STRUCTURED TRANSACTION.  (a)  A
   4-13  person, for the purpose of evading a reporting or record-keeping
   4-14  requirement of 31 U.S.C. Section 5313, 31 C.F.R. Part 103, Article
   4-15  351, Revised Statutes, this article, or a rule adopted under this
   4-16  article, may not with respect to a transaction with a licensee:
   4-17              (1)  cause or attempt to cause the licensee to:
   4-18                    (A)  not maintain a record or file a report
   4-19  required by a law listed by this subsection; or
   4-20                    (B)  maintain a record or file a report required
   4-21  by a law listed by this subsection that contains a material
   4-22  omission or misstatement of fact; or
   4-23              (2)  fraudulently structure the transaction.
   4-24        (b)  For the purposes of this article, a person fraudulently
   4-25  structures a transaction if the person conducts or attempts to
   4-26  conduct a transaction in any amount of currency with a licensee in
   4-27  a manner having the purpose of evading a record-keeping or
    5-1  reporting requirement of a law listed by Subsection (a), including
    5-2  the division of a single amount of currency into smaller amounts or
    5-3  the conduct of a transaction or series of transactions in amounts
    5-4  equal to or less than the reporting or record-keeping threshold of
    5-5  a law listed by Subsection (a).
    5-6        (c)  A transaction is not required to exceed a record-keeping
    5-7  or reporting threshold of a single licensee on a single day to be a
    5-8  fraudulently structured transaction.
    5-9        SECTION 6.  Section 14(a), Article 350, Revised Statutes, is
   5-10  amended to read as follows:
   5-11        (a)  A person commits an offense if the person knowingly:
   5-12              (1)  violates a requirement of this article;
   5-13              (2)  makes a false, fictitious, or fraudulent
   5-14  statement, representation, or entry in a record or report required
   5-15  under 31 U.S.C. Section 5313, 31 C.F.R. Part 103, Article 351,
   5-16  Revised Statutes, this article, or a rule adopted under this
   5-17  article; or
   5-18              (3)  fraudulently structures or attempts to
   5-19  fraudulently structure a transaction in violation of Section 13A of
   5-20  this article.
   5-21        SECTION 7.  This Act takes effect September 1, 1995.
   5-22        SECTION 8.  The importance of this legislation and the
   5-23  crowded condition of the calendars in both houses create an
   5-24  emergency and an imperative public necessity that the
   5-25  constitutional rule requiring bills to be read on three several
   5-26  days in each house be suspended, and this rule is hereby suspended.