SRC-TAG S.B. 1583 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 1583
78R6484 RCJ-DBy: Shapleigh
International Relations and Trade
3/31/2003
As Filed


DIGEST AND PURPOSE 

Currently, companies and institutions that offer remittance services
assist Texas immigrants to send money to family and friends in their
countries of origin.  However, the available services do not provide
adequate  posting of all fees and costs.  Without disclosure of various
fees and charges, it is difficult for a person to compare one service to
another.   As proposed, S.B. 1583 adds Chapter 278 to Title 3Z of the
Finance Code to require a currency exchange service to disclose to
consumers the currency exchange rate and fees or commissions connected to
transactions and additionally requires a currency exchange service to post
currency exchange rates and fees at all locations where service are
offered, and in announcements, advertisements and solicitations. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Title 3Z, Finance Code, by adding Chapter 278, as
follows: 

CHAPTER 278.  REGULATION OF CURRENCY EXCHANGE RATES
SUBCHAPTER A.  GENERAL PROVISIONS

Sec.  278.001.  DEFINITIONS.  Defines "currency," "currency exchange,"
"currency exchange service," "currency transmission," "financial
institution," "major destination," and "required disclosure." 

[ Reserves Sections 278.002-278.050 for expansion.]

SUBCHAPTER B.  CURRENCY EXCHANGE DISCLOSURES

Sec.  278.051.  DISCLOSURE WITH TRANSACTION.  (a)  Requires the financial
institution or currency exchange service, before completing a currency
exchange transaction, to disclose to the consumer each required disclosure
relating to the foreign country and the exact amount of foreign currency
to be received by the recipient in the foreign country. 
 
(b)  Requires a financial institution or currency exchange service to
print the disclosure information required by this section on each form or
receipt used in a currency transmission. 

Sec.  278.052.  POSTING OF DISCLOSURE.  Requires a financial institution
or currency exchange service to display prominently on the premises of
each location where currency exchange services are offered each required
disclosure for each major destination. 

Sec.  278.053.  DISCLOSURE IN ADVERTISEMENT.  Requires a financial
institution or currency exchange service to include each required
disclosure for each major  destination in each advertisement,
announcement, or solicitation relating to currency transmission that is
distributed by mail or printed, broadcast, distributed by electronic
media, displayed as part of an outdoor advertising display.  

 Sec.  278.054.  LANGUAGE OF DISCLOSURE. Requires a financial institution
or  currency exchange service to make the disclosures required by this
chapter in English,  Spanish, and in the same language as that principally
used by a financial institution or  currency exchange service, or any of
its agents, to advertise, solicit, or negotiate, whether  orally or in
writing, at a given location, if the language is other than English or
Spanish. 

[Reserves Sections 278.055-278.100 for expansion.]

SUBCHAPTER C. ENFORCEMENT

Sec.  278.101.  CIVIL PENALTY.  (a)  Provides that a person who violates
this chapter is liable to the state for a civil penalty in an amount not
to exceed $5,000 for each violation. Authorizes the attorney general or
the prosecuting attorney in the county in which the violation occurs to
take certain action. 

(b)  Provides that the attorney general or the prosecuting attorney in the
county in which the violation occurs, as appropriate, is entitled to
recover reasonable expenses incurred in obtaining injunctive relief, civil
penalties, or both, under this section, including reasonable attorney's
fees, court costs, and investigatory costs. 

SECTION 2.  Effective date: September 1, 2003.