By:  Ellis                                            S.B. No. 1209
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the business of currency exchange, currency
    1-2  transmission, and currency transportation, amending Article 350,
    1-3  Vernon's Texas Civil Statutes; and making an appropriation.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 1, Article 350, Vernon's Revised Civil
    1-6  Statutes, is amended by amending Subdivision (5) and 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              (11)  "Currency transportation" means engaging in the
   1-13  business of physically transporting currency from one location to
   1-14  another.
   1-15        SECTION 2.  Section 2, Article 350, Vernon's Texas Civil
   1-16  Statutes, is amended to read as follows:
   1-17        Except as provided by Section 3 of this article, a person may
   1-18  not engage in the business of currency exchange, transportation, or
   1-19  transmission without a license issued under this article.  A person
   1-20  licensed under this article may not engage in any business other
   1-21  than currency exchange, transportation, or transmission at the
   1-22  location where the person maintains their currency exchange,
   1-23  transportation, or transmission business.
    2-1        SECTION 3.  Section 3, Article 350, Vernon's Texas Civil
    2-2  Statutes, is amended by adding Subsection (f) to read as follows:
    2-3        (f)  A person engaged in the business of currency
    2-4  transportation who holds a valid permit issued pursuant to Section
    2-5  6-dd of Article 911b, Vernon's Texas Civil Statutes is not required
    2-6  to be licensed under this article, provided that such a permit does
    2-7  not authorize the person to engage in the business of currency
    2-8  exchange or transmission without a license issued under this
    2-9  article.
   2-10        SECTION 4.  Article 350, Vernon's Texas Civil Statutes, is
   2-11  amended by adding Section 12 to read as follows:
   2-12        Sec. 12.  REPORTING AND RECORDKEEPING.  (a)  Persons holding
   2-13  a license under this article shall maintain separate accounting
   2-14  books and records in this state relating to their operations.  All
   2-15  books and records maintained by a licensee shall be located where
   2-16  they are readily accessible to the Department of Banking.
   2-17        (b)  Licensees shall comply with all federal laws and
   2-18  regulations affecting their operations, and shall maintain records
   2-19  of all filings made pursuant to and documentation required under
   2-20  all applicable federal laws and regulations, including the
   2-21  requirements set forth in 31 United States Code, Section 5313, and
   2-22  31 Code of Federal Regulations, Part 103.
   2-23        (c)  Each licensee shall, in a form prescribed by the Banking
   2-24  Commissioner, file quarterly written reports with the Department of
   2-25  Banking.
    3-1        (d)  In addition to the records required to be maintained
    3-2  under Subsections (a) and (b) of this section, licensees shall keep
    3-3  the following records:
    3-4              (1)  Currency Exchange.
    3-5                    (A)  No licensee may engage in a currency
    3-6  exchange transaction in an amount of $1,000.00 or more unless the
    3-7  licensee issues sequentially numbered receipts or receipts bearing
    3-8  a unique identification or transaction number for each of those
    3-9  transactions.  The receipts must include the date of the
   3-10  transaction, the amount and type of currency received and given in
   3-11  exchange, the rate of exchange, and the applicable commission for
   3-12  the transaction.  The licensee shall also maintain a record of each
   3-13  such transaction that includes the identifying receipt number as
   3-14  well as the following information:
   3-15                          (i)  the name and address of the customer;
   3-16                          (ii)  the social security number of the
   3-17  customer, or if the customer is an alien and does not have a social
   3-18  security number, the passport number, alien identification card
   3-19  number, or other official document of the customer evidencing
   3-20  nationality or residence;
   3-21                          (iii)  the name and address of the person
   3-22  on whose behalf the transaction is being conducted if the customer
   3-23  is conducting the transaction on behalf of another person, together
   3-24  with the appropriate identification for such other person specified
   3-25  in Subsection (d)(1)(A)(ii);
    4-1                          (iv)  the location of the office where the
    4-2  transaction was conducted; and
    4-3                          (v)  the name of the employee of the
    4-4  licensee conducting the transaction.
    4-5                    (B)  In connection with all transactions in an
    4-6  amount of $1,000.00 or more, the licensee shall verify the
    4-7  customer's name and address by examination of a document that
    4-8  contains the name, address, and a photograph of the customer and is
    4-9  customarily acceptable within the banking community as a means of
   4-10  identification when cashing checks for non-depositors.  The
   4-11  licensee shall record the specific identifying information on the
   4-12  receipt or in the log entry related to the transaction, including
   4-13  the identification number associated with the document and the
   4-14  issuer of the identification document.
   4-15                    (C)  Contemporaneous currency exchange
   4-16  transactions of the same or different types of currency made by or
   4-17  on behalf of the same person totaling $1,000.00 or more shall be
   4-18  treated as one transaction.  Multiple transactions made by or on
   4-19  behalf of the same person during one business day totaling
   4-20  $1,000.00 or more shall be treated as one transaction if an
   4-21  individual employee, director, officer, or partner of the licensee
   4-22  knew or should have known that the transactions occurred.
   4-23              (2)  Currency Transmission.
   4-24                    (A)  No licensee authorized to engage in currency
   4-25  transmission may enter into a currency transaction in an amount of
    5-1  $1,000.00 or more unless the licensee issues sequentially numbered
    5-2  receipts or receipts bearing a unique identification or transaction
    5-3  number for each of those transactions.  The receipt must bear the
    5-4  date of the transaction, the amount of the transmission in U.S.
    5-5  dollars, the rate of exchange (if applicable), and the fee or
    5-6  commission charged for the transaction.  The receipt also must
    5-7  indicate whether the transaction was initiated or terminated at the
    5-8  licensee's business.  The licensee must also maintain a record of
    5-9  each such transaction that includes the identifying receipt number
   5-10  as well as the following information:
   5-11                          (i)  the name and address of the customer,
   5-12  whether sender or recipient;
   5-13                          (ii)  the social security number of the
   5-14  customer, or if the customer is an alien and does not have a social
   5-15  security number, the passport number, alien identification card
   5-16  number, or other official document of the customer evidencing
   5-17  nationality or residence;
   5-18                          (iii)  the date of birth of the customer;
   5-19                          (iv)  the name and address of the person on
   5-20  whose behalf the transaction is being conducted, if the customer is
   5-21  conducting the transaction on behalf of another person, together
   5-22  with the appropriate identification for such other person specified
   5-23  in Subsection (d)(2)(a)(ii) above;
   5-24                          (v)  the location of the office where the
   5-25  transaction was conducted;
    6-1                          (vi)  the designated recipient's name,
    6-2  address, and telephone number, if the customer is the sender;
    6-3                          (vii)  the sender's name, address, and
    6-4  telephone number, if the customer is the recipient and that
    6-5  information is available to the licensee;
    6-6                          (viii)  any instructions or messages
    6-7  relating to the transmission; and
    6-8                          (ix)  the method of payment.
    6-9                    (B)  In connection with all transactions in an
   6-10  amount of $1,000.00 or more, the licensee shall verify the
   6-11  customer's name and address by examination of a document that
   6-12  contains the name and address of the customer and is customarily
   6-13  acceptable within the banking community as a means of
   6-14  identification when cashing checks for non-depositors.  The
   6-15  licensee shall record the specific identifying information on the
   6-16  receipt or in the log entry related to the transaction, including
   6-17  the identification number associated with the document and the
   6-18  issuer of the identification document.
   6-19                    (C)  Contemporaneous transactions initiated by or
   6-20  on behalf of the same person or received by or on behalf of the
   6-21  same person totaling $1,000 or more shall be treated as one
   6-22  transaction.  Multiple transactions during a single business day
   6-23  initiated by or on behalf of the same person or received by or on
   6-24  behalf of the same person and totaling $1,000 or more shall be
   6-25  treated as one transaction if an individual employee, director,
    7-1  officer, or partner of the licensee knew or should have known that
    7-2  the transactions occurred.
    7-3              (3)  Currency Transportation.
    7-4                    (A)  No licensee may engage in a currency
    7-5  transportation transaction in an amount of $1,000.00 or more unless
    7-6  the licensee issues sequentially numbered receipts or receipts
    7-7  bearing a unique identification or transaction number for each
    7-8  transaction.  The receipts must include the date of the
    7-9  transaction, the amount and type of currency received or
   7-10  transportation, and the applicable commission for the transaction.
   7-11  The licensee shall also maintain a record of each such transaction
   7-12  that includes the identifying receipt number as well as the
   7-13  following information:
   7-14                          (i)  the name and address of the customer;
   7-15                          (ii)  the social security number of the
   7-16  customer, or if the customer is an alien and does not have a social
   7-17  security number, the passport number, alien identification card
   7-18  number, or other official document of the customer evidencing
   7-19  nationality or residence;
   7-20                          (iii)  the name and address of the person
   7-21  on whose behalf the transaction is being conducted if the customer
   7-22  is conducting the transaction on behalf of another person, together
   7-23  with the appropriate identification for such other person specified
   7-24  in subsection(d)(3)(A)(ii);
   7-25                          (iv)  the location of the office where the
    8-1  transaction was conducted;
    8-2                          (v)  the name of the employee of the
    8-3  licensee conducting the transaction;
    8-4                          (vi)  the designated recipient's name,
    8-5  address, and telephone number, if the customer is the sender;
    8-6                          (vii)  the sender's name, address, and
    8-7  telephone number, if the customer is the recipient and that
    8-8  information is available to the licensee;
    8-9                          (viii)  any instructions or messages
   8-10  relating to the transportation; and
   8-11                          (ix)  the method of payment.
   8-12                    (B)  In connection with all transactions in an
   8-13  amount of $1,000.00 or more, the licensee shall verify the
   8-14  customer's name and address by examination of a document that
   8-15  contains the name, address, and a photograph of the customer and is
   8-16  customarily acceptable within the banking community as a means of
   8-17  identification when cashing checks for non-depositors.  The
   8-18  licensee shall record the specific identifying information on the
   8-19  receipt or in the log entry related to the transaction, including
   8-20  the identification number associated with the document and the
   8-21  issuer of the identification document.
   8-22                    (C)  Contemporaneous currency transportation
   8-23  transactions of the same or different types of currency made by or
   8-24  on behalf of the same person totaling $1,000.00 or more shall be
   8-25  treated as one transaction.  Multiple transactions made by or on
    9-1  behalf of the same person during one business day totaling
    9-2  $1,000.00 or more shall be treated as one transaction if an
    9-3  individual employee, director, officer, or partner of the licensee
    9-4  knew or should have known that the transactions occurred.
    9-5              (4)  A licensee must maintain a log or logs for each
    9-6  calendar month on which shall be recorded the following information
    9-7  for each transaction:
    9-8                    (A)  the date of the transaction;
    9-9                    (B)  the location of the office where the
   9-10  transaction was conducted;
   9-11                    (C)  the amount and type of currency received and
   9-12  given in exchange, the amount of currency received for
   9-13  transportation, or the amount of the transmission, as applicable;
   9-14                    (D)  the rate of exchange, if applicable;
   9-15                    (E)  the amount of any service charges or fees
   9-16  assessed in connection with the transaction; and
   9-17                    (F)  the number of the receipt issued in
   9-18  connection with the transaction, if any.
   9-19        (e)  All logs, records, and receipt information must be
   9-20  maintained by the licensee in a readily accessible and retrievable
   9-21  form and must be maintained for a period of at least 5 years.
   9-22  Copies of receipts issued by the licensee must be kept at the
   9-23  licensee's business location for 180 days after the date of
   9-24  issuance provided that after 180 days the receipts need not be
   9-25  retained if the information required on the receipt is maintained
   10-1  in a readily accessible and retrievable form.  If a license is
   10-2  surrendered or revoked the licensee must retain the actual receipts
   10-3  issued prior to the surrender or revocation for a period of one
   10-4  year after the date of surrender or revocation.
   10-5        (f)  Failure to comply with this section shall be grounds for
   10-6  denial, revocation, or suspension of a license as provided in
   10-7  Section 6 of the Act and assessment of civil and criminal penalties
   10-8  penalty in accordance with provisions of the Act.
   10-9        SECTION 5.  Article 350, Vernon's Texas Civil Statutes is
  10-10  amended by renumbering Sections 12 through 21 as Sections 13
  10-11  through 22, respectively.
  10-12        SECTION 6.  SEVERABILITY.  If any section, sentence, clause,
  10-13  or part of this Act shall, for any reason, be held invalid, such
  10-14  invalidity shall not affect the remaining portions of the Act, and
  10-15  it is hereby declared to be the intention of this legislature to
  10-16  have passed each section, sentence, clause, or part irrespective of
  10-17  the fact that any other section, sentence, clause, or part may be
  10-18  declared invalid.
  10-19        SECTION 7.  APPROPRIATION OF FEES AND CIVIL PENALTIES.  In
  10-20  addition to moneys appropriated elsewhere, the attorney general is
  10-21  hereby appropriated all fees assessed pursuant to and all recovered
  10-22  expenses and costs incurred in obtaining penalties authorized by
  10-23  enforcing or assisting in the enforcing of the statute amended by
  10-24  this bill.  Recovered expenses include, but are not limited to,
  10-25  investigative costs, witness fees, attorneys' fees, and deposition
   11-1  expenses and shall be credited to the attorney general's law
   11-2  enforcement account.  Moneys hereby appropriated may be expended
   11-3  only for purposes of enforcing the provisions the statute amended
   11-4  by this bill, and may not be appropriated for any other purpose.
   11-5        SECTION 8.  CRIMINAL OFFENSES OR VIOLATIONS.  (a)  The change
   11-6  in law made by this Act applies only to an offense committed on or
   11-7  after the effective date of this Act.  For purposes of this Act, an
   11-8  offense is committed before the effective date of this Act if any
   11-9  element of the offense occurs before the effective date.
  11-10        (b)  An offense committed  before the effective date of this
  11-11  Act is covered by the law in effect when the offense is committed,
  11-12  and the former law is continued in effect for this purpose.
  11-13        SECTION 9.  EFFECTIVE DATE.  This Act takes effect
  11-14  September 1, 1995.
  11-15        SECTION 10.  EMERGENCY.  The importance of this legislation
  11-16  and the crowded condition of the calendars in both houses creates
  11-17  an emergency and an imperative public necessity that the
  11-18  constitutional rule requiring bills to be read on three several
  11-19  days in each house be suspended, and this rule is hereby suspended,
  11-20  and it is so enacted.