SRC-JXG H.B. 2320 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 2320
76R11082 DWS-FBy: Cuellar (Sibley)
Economic Development
5/3/1999
Engrossed


DIGEST 

In 1991, the 72nd Legislature enacted the Currency Exchange Act to curb the
ability of criminal organizations to launder money through illicit currency
exchange houses. The primary means established to detect money laundering
were licensing and record keeping requirements. Despite these requirements,
drug dealers were still able to launder money by transporting it across the
border. In 1993, the 73rd Legislature enacted H.B. 474 to regulate and
require licenses of persons engaged in the transportation of currency.
Licenses are valid for one year and must be prominently displayed. It is a
third-degree felony to knowingly violate currency exchange laws. H.B. 2320
would revise Finance Code provisions regarding the regulation of currency
exchange, transmission, and transportation businesses.   

PURPOSE

As proposed, H.B. 2320 sets forth provisions regarding the licensing and
regulation of currency exchange, transmission, and transportation
businesses. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Finance Commission of Texas in
SECTION 3 (Section 153.002, Finance Code); and to the banking commissioner
of Texas in SECTIONS 7 and 9 (Sections 153.117(a)(8) and 153.205(b),
Finance Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 59.201(a), Finance Code, to authorize a person to
install, maintain, and operate one or more electronic terminals at any
location in this state for the convenience of customers of depository
institutions, subject to Chapter 153. Makes a conforming change. 

SECTION 2. Amends Section 153.001, Finance Code, by amending Subdivisions
(5), (6), (7), and (10) and by adding Subdivision  (11), to redefine
"currency exchange, transportation, or transmission business," "currency
transmissions," "currency transportation" and to define "instrument." Makes
a conforming change. 

SECTION 3. Amends Section  153.002, Finance Code, to require the Finance
Commission of Texas (commission) to adopt rules necessary or desirable to
implement this chapter, including rules regarding requirements  for or
conditions applicable to an exemption from the licensing requirements of
this chapter. Deletes text regarding requirements. Makes a conforming and
nonsubstantive change. 

SECTION 4. Amends Section 153.102(d), Finance Code, to require an applicant
for a license to demonstrate that the applicant has and will maintain a
minimum net worth of $25,000 or, if the applicant will engage in currency
transmission transactions at multiple locations in this state in accordance
with Section 153.105, a minimum net worth of $25,000 multiplied by the
number of locations, computed according to generally accepted accounting
principles, except that the applicant may not be required to maintain a net
worth of more than $1 million. Deletes text regarding recklessly failing to
file a report. Deletes text regarding location at which currency is
accepted for transmission and accounting principles. 

SECTION 5. Amends Section 153.105, Finance Code, to authorize a license
holder to conduct  currency exchange, transmission, or transportation
business at multiple locations in this state if each location, whether the
location is owned and operated directly by the license holder or by a
principal appointed by the license holder, is separately licensed pursuant
to an application submitted in accordance with this chapter. Deletes text
requiring an applicant to submit a separate application for each location
at which the business is to be operated. 

SECTION 6. Amends Section 153.109, Finance Code, by adding Subsection (f),
to authorize the banking commissioner of Texas (commissioner), on a
case-by-case basis in the exercise of discretion, to reduce the amount of
the bond or letter of credit required by Subsection (c) if the commissioner
finds that the amount of the reduced bond or letter of credit is sufficient
to protect the public interest on application. Sets forth provisions for
the commissioner to consider.  

SECTION 7. Amends Sections 153.117(a) and (e), Finance Code, to set forth
the persons not required to be licensed under this chapter. Provides that a
person engaged in the business of currency transportation who is both a
registered motor carrier under Chapter 643, Transportation Code, and a
licensed armored care company or courier company under the Private
Investigators and Private Security Agencies Act (Article 4413(29bb),
V.T.C.S.), is not required to be licensed under this chapter. Provides that
this exemption does not authorize the person to engage in the business of
currency exchange or transmission without a license issued under this
chapter. 

SECTION 8. Amends Section 153.204, Finance Code, as follows:

Sec. 153.204. New heading: PROHIBITED ACTIONS. Authorizes the commissioner
to take an action authorized under Section 153.407 if the commissioner
finds that a person violated or refused certain conditions. Deletes text
regarding contacting the license holder. Deletes text regarding a notice
and a meeting. Make a nonsubstantive change. 

SECTION 9. Amends Section 153.205(b), Finance Code, to authorize the
commissioner, by rule, to establish requirements regarding content and the
size and type of lettering used in an advertisement for prices or rates.
Makes a nonsubstantive change. 

SECTION 10. Amends Section 153.301(a), Finance Code, to authorize the
commissioner periodically to examine the business records of a license or
any principal of the license holder at the license holder's expense and to
require a license holder with multiple locations in this state licensed in
accordance with Section 153.105 to make business records for all licensed
locations available for examination at a specified licensed location. 

SECTION 11. Amends Section 153.305(c), Finance Code, to authorize
information to be released under Subsection (b)(3) only to an agency,
department, or instrumentality of this state, another state, the United
States, or a foreign country or to a law enforcement agency of a
municipality or political subdivision of this state or another state. Makes
conforming changes. 

SECTION 12. Amends Section 153.401, Finance Code, by adding Subsection (c),
to provide that it is a defense to prosecution under this section if the
alleged violation was committed by a peace officer, as defined by Article
2.12, Code of Criminal Procedure, or a person acting on request of a peace
officer with the intent to facilitate a legitimate law enforcement
investigation conducted under the laws of this state. 

SECTION 13. Amends Section 153.407, Finance Code, as follows:

Sec. 153.407. New heading: CEASE AND DESIST ORDERS; SEIZURE ORDER.
Authorizes the commissioner to serve a written order on any person to cease
and desist from a violation practice and require an affirmative action
necessary to correct the conditions resulting from the violation or
practice. Requires the commissioner to serve the order on the license
holder, the board of directors of the license holder, and any offending
principal, if the person is a license holder or a principal of a license
holder. Authorizes the commissioner to issue an order to seize the assets
and records that relate to a currency exchange, transmission, or
transportation business if the commissioner finds, by examination or to the
credible evidence, that the currency exchange, transmission, or
transportation business has violated  or refused to comply with this
chapter, a rule adopted under this chapter, or any other law or regulation
applicable to a currency exchange, transportation, or transmission
business. Provides that the actions authorized by this section are in
addition to and not in lieu of other actions the commissioner considers
appropriate under applicable law, including action under Chapter 35C.
Deletes text regarding a meeting conducted under Section 153.204. 

SECTION 14. Repealer: Section 153.003, Finance Code (exempting an attorney
or title company).  
  Repealer: Section 153.108(c), Finance Code (regarding issuance of
license). 

SECTION 15. Emergency clause.
  Effective date: upon passage.