1-1     By:  Cuellar (Senate Sponsor - Sibley)                H.B. No. 2320
 1-2           (In the Senate - Received from the House April 23, 1999;
 1-3     April 26, 1999, read first time and referred to Committee on
 1-4     Economic Development; May 6, 1999, reported favorably by the
 1-5     following vote:  Yeas 5, Nays 0; May 6, 1999, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the licensing and regulation of currency exchange,
 1-9     transmission, and transportation businesses.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1.  Section 59.201(a), Finance Code, is amended to
1-12     read as follows:
1-13           (a)  Subject to Chapter 153, a [A] person may install,
1-14     maintain, and operate one or more electronic terminals at any
1-15     location in this state for the convenience of customers of
1-16     depository institutions.
1-17           SECTION 2.  Section 153.001, Finance Code, is amended by
1-18     amending Subdivisions (5), (6), (7), and (10) and by adding
1-19     Subdivision (11) to read as follows:
1-20                 (5)  "Currency exchange, transportation, or
1-21     transmission business" means engaging in or offering currency
1-22     exchange, transportation, or transmission as a service or for
1-23     profit.
1-24                 (6)  "Currency transmission" means receiving currency
1-25     or an instrument payable in currency to transmit the currency or
1-26     its equivalent by wire, computer modem, facsimile, or other
1-27     electronic means or through the use of a financial institution, a
1-28     financial intermediary, the federal reserve system, or another
1-29     funds transfer network.
1-30                 (7)  "Currency transportation" means receiving currency
1-31     or an instrument payable in currency to physically transport the
1-32     [transporting] currency or its equivalent from one location to
1-33     another by motor vehicle or other means of transportation or
1-34     through the use of the mail or a shipping, courier, or other
1-35     delivery service.
1-36                 (10)  "Instrument" has the meaning assigned by Section
1-37     3.104, Business & Commerce Code.
1-38                 (11)  "Principal" means a person who participates in
1-39     the affairs of a license holder or exercises supervisory duties,
1-40     including an owner, officer, director, partner, trustee, or agent
1-41     of the license holder.
1-42           SECTION 3.  Section 153.002, Finance Code, is amended to read
1-43     as follows:
1-44           Sec. 153.002.  RULES.  The commission shall adopt rules
1-45     necessary or desirable to implement this chapter, including rules
1-46     regarding requirements for or conditions applicable to:
1-47                 (1)  [requirements for the] issuance, renewal, denial,
1-48     suspension, and revocation of a license; [and]
1-49                 (2)  recordkeeping and reporting [requirements] of a
1-50     license holder; and
1-51                 (3)  exemption from the licensing requirements of this
1-52     chapter.
1-53           SECTION 4.  Section 153.102(d), Finance Code, is amended to
1-54     read as follows:
1-55           (d)  An applicant for a license must demonstrate that the
1-56     applicant:
1-57                 (1)  has not during the preceding three years
1-58     [recklessly] failed to file or evaded the obligation to file a
1-59     currency transaction report as required by 31 U.S.C.  Section 5313;
1-60                 (2)  has not during the preceding three years
1-61     [recklessly] accepted currency for exchange, transportation, or
1-62     transmission in which a part of the currency was derived from an
1-63     illegal transaction or activity;
1-64                 (3)  will conduct the currency exchange,
 2-1     transportation, or transmission business according to state and
 2-2     federal law;
 2-3                 (4)  warrants the trust of the community;
 2-4                 (5)  has and will maintain [for each location at which
 2-5     currency is accepted for transmission] a minimum net worth of
 2-6     $25,000 or, if the applicant will engage in currency transmission
 2-7     transactions at multiple locations in this state in accordance with
 2-8     Section 153.105, a minimum net worth of $25,000 multiplied by the
 2-9     number of locations, computed according to generally accepted
2-10     accounting principles, except that the applicant may not be
2-11     required to maintain a net worth of more than $1 million[, computed
2-12     according to generally accepted accounting principles]; and
2-13                 (6)  does not owe delinquent taxes, fines, or fees to
2-14     any local, state, or federal government or political subdivision of
2-15     the government.
2-16           SECTION 5.  Section 153.105, Finance Code, is amended to read
2-17     as follows:
2-18           Sec. 153.105.  OPERATING IN MORE THAN ONE LOCATION.  A
2-19     license holder may conduct currency exchange, transmission, or
2-20     transportation business at multiple locations in this state if each
2-21     location, whether the location is owned and operated directly by
2-22     the license holder or by a principal appointed by the license
2-23     holder, is separately licensed pursuant to an application submitted
2-24     in accordance with this chapter  [An applicant must submit a
2-25     separate application for each location at which the business is to
2-26     be operated].
2-27           SECTION 6.  Section 153.109, Finance Code, is amended by
2-28     adding Subsection (f) to read as follows:
2-29           (f)  On application, the commissioner may, on a case-by-case
2-30     basis in the exercise of discretion, reduce the amount of the bond
2-31     or letter of credit required by Subsection (c) if the commissioner
2-32     finds that the amount of the reduced bond or letter of credit is
2-33     sufficient to protect the public interest.  In making a
2-34     determination under this subsection, the commissioner shall
2-35     consider:
2-36                 (1)  the nature and type of business the license holder
2-37     conducts;
2-38                 (2)  the nature and degree of liquidity in assets held
2-39     by the license holder in a corporate capacity;
2-40                 (3)  the competence, character, general fitness, and
2-41     experience of management;
2-42                 (4)  the extent and adequacy of internal controls
2-43     maintained by the license holder;
2-44                 (5)  the presence or absence of annual unqualified
2-45     audits by an independent certified public accountant; and
2-46                 (6)  the existence and adequacy of other insurance
2-47     obtained or held by the license holder to protect its customers.
2-48           SECTION 7.  Sections 153.117(a) and (e), Finance Code, are
2-49     amended to read as follows:
2-50           (a)  The following persons are not required to be licensed
2-51     under this chapter:
2-52                 (1)  a federally insured financial institution, as that
2-53     term is defined by state law governing bank holding companies and
2-54     interstate bank operations, that is [bank, foreign bank agency,
2-55     credit union, savings bank, or savings and loan association,
2-56     whether] organized under the laws of this state, another state, or
2-57     [of] the United States;
2-58                 (2)  a foreign bank branch or agency in the United
2-59     States established under the federal International Banking Act of
2-60     1978 (12 U.S.C. Section 3101 et seq.), as amended;
2-61                 (3)  a license holder under Chapter 152, except that
2-62     the license holder is required to comply with the other provisions
2-63     of this chapter to the extent [unless] the license holder engages
2-64     in currency exchange, transportation, or transmission transactions;
2-65     [or]
2-66                 (4) [(3)]  a person registered as a securities dealer
2-67     under The Securities Act (Article 581-1 et seq., Vernon's Texas
2-68     Civil Statutes);
2-69                 (5)  an attorney or title company that in connection
 3-1     with a real property transaction receives and disburses only
 3-2     domestic currency on behalf of a party to the transaction;
 3-3                 (6)  a Federal Reserve bank;
 3-4                 (7)  a clearinghouse exercising bank payment,
 3-5     collection, and clearing functions; or
 3-6                 (8)  another person that the commissioner may exempt by
 3-7     rule if the commissioner finds that the licensing of the person is
 3-8     not necessary or appropriate to achieve the objectives of this
 3-9     chapter.
3-10           (e)  A person engaged in the business of currency
3-11     transportation who is both a registered motor carrier under Chapter
3-12     643, Transportation Code [Article 6675c, Revised Statutes], and a
3-13     licensed armored car company or courier company under the Private
3-14     Investigators and Private Security Agencies Act (Article
3-15     4413(29bb), Vernon's Texas Civil Statutes), is not required to be
3-16     licensed under this chapter.  This exemption [Registration under
3-17     Article 6675c] does not authorize the person to engage in the
3-18     business of currency exchange or transmission without a license
3-19     issued under this chapter.
3-20           SECTION 8.  Section 153.204, Finance Code, is amended to read
3-21     as follows:
3-22           Sec. 153.204.  PROHIBITED ACTIONS[; NOTICE AND MEETING].
3-23     [(a)]  The commissioner may take an action authorized under Section
3-24     153.407 if the commissioner finds that a person [shall give written
3-25     notice to and call a meeting with a license holder and the
3-26     offending principal of the license holder if the commissioner finds
3-27     that the principal or the license holder acting through an
3-28     authorized person]:
3-29                 (1)  violated or refused to comply with this chapter, a
3-30     rule adopted under this chapter, or any other law or regulation
3-31     applicable to a currency exchange, transportation, or transmission
3-32     business;
3-33                 (2)  committed a fraudulent practice in conducting the
3-34     holder's business;
3-35                 (3)  refused to submit to an examination;
3-36                 (4)  conducted business in an unsafe or unauthorized
3-37     manner;
3-38                 (5)  violated a condition of the license; or
3-39                 (6)  violated a condition of an agreement with the
3-40     commissioner or the department.
3-41           [(b)  The notice must include a statement of the alleged
3-42     misconduct of the license holder or principal.]
3-43           [(c)  At the meeting, the commissioner shall state the
3-44     commissioner's findings and require the discontinuation of the
3-45     misconduct.]
3-46           SECTION 9.  Section 153.205(b), Finance Code, is amended to
3-47     read as follows:
3-48           (b)  The commissioner by rule may establish requirements
3-49     regarding content and [for] the size and type of lettering used in
3-50     an advertisement for prices or rates.
3-51           SECTION 10.  Section 153.301(a), Finance Code, is amended to
3-52     read as follows:
3-53           (a)  The commissioner periodically may examine the business
3-54     records of a license holder or any principal of the license holder
3-55     at the license holder's expense and may require a license holder
3-56     with  multiple locations in this state licensed in accordance with
3-57     Section 153.105 to make business records for all licensed locations
3-58     available for examination at a specified licensed location.
3-59           SECTION 11.  Section 153.305(c), Finance Code, is amended to
3-60     read as follows:
3-61           (c)  Information may be released under Subsection (b)(2) only
3-62     to the parties to the hearing.  Information may be released under
3-63     Subsection (b)(3) only to an agency, department, or instrumentality
3-64     of this state, [or] another state, [or] the United States, or a
3-65     foreign country or to a law enforcement agency of a municipality or
3-66     political subdivision of this state or another state.
3-67           SECTION 12.  Section 153.401, Finance Code, is amended by
3-68     adding Subsection (c) to read as follows:
3-69           (c)  It is a defense to prosecution under this section if the
 4-1     alleged violation was committed by a peace officer, as defined by
 4-2     Article 2.12, Code of Criminal Procedure, or a person acting on
 4-3     request of a peace officer with the intent to facilitate a
 4-4     legitimate law enforcement investigation conducted under the laws
 4-5     of this state.
 4-6           SECTION 13.  Section 153.407, Finance Code, is amended to
 4-7     read as follows:
 4-8           Sec. 153.407.  CEASE AND DESIST ORDERS; SEIZURE ORDER.
 4-9     (a)  The [At a meeting conducted under Section 153.204 or not later
4-10     than the 30th day after the date of the meeting, the] commissioner
4-11     may serve a written order on any person to cease and desist from a
4-12     violation or practice and require [requiring] any affirmative
4-13     action necessary to correct the conditions resulting from the
4-14     violation or practice if the commissioner determines that a cease
4-15     and desist order is necessary and in the public's best interest.
4-16     If the person is a license holder or a principal of a license
4-17     holder, the [The] commissioner shall serve the order on:
4-18                 (1)  the license holder;
4-19                 (2)  the board of directors of the license holder; and
4-20                 (3)  any offending principal.
4-21           (b)  A cease and desist order takes effect on issuance if the
4-22     commissioner finds a threat of immediate and irreparable harm to
4-23     the license holder or the public.  If the commissioner does not
4-24     find a threat of immediate and irreparable harm, the order must
4-25     state an effective date that is not before the 10th day after the
4-26     date the order is received.
4-27           (c)  The order is final unless the license holder files a
4-28     notice of appeal with the commission not later than the 10th day
4-29     after the date the order is received.  The license holder shall
4-30     certify to the commissioner in writing that its directors and each
4-31     person named in the order have read and understood the order.
4-32           (d)  The commissioner may issue an order to seize the assets
4-33     and records that relate to a currency exchange, transmission, or
4-34     transportation business if the commissioner finds, by examination
4-35     or other credible evidence, that the currency exchange,
4-36     transmission, or transportation business has violated or refused to
4-37     comply with this chapter, a rule adopted under this chapter, or any
4-38     other law or regulation applicable to a currency exchange,
4-39     transportation, or transmission business.
4-40           (e)  The actions authorized by this section are in addition
4-41     to and not in lieu of other actions the commissioner considers
4-42     appropriate under applicable law, including action under Subchapter
4-43     C, Chapter 35.
4-44           SECTION 14.  Sections 153.003 and 153.108(c), Finance Code,
4-45     are repealed.
4-46           SECTION 15.  The importance of this legislation and the
4-47     crowded condition of the calendars in both houses create an
4-48     emergency and an imperative public necessity that the
4-49     constitutional rule requiring bills to be read on three several
4-50     days in each house be suspended, and this rule is hereby suspended,
4-51     and that this Act take effect and be in force from and after its
4-52     passage, and it is so enacted.
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