|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the imposition of a fee for money transmissions sent to |
|
certain destinations outside the United States. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Subtitle Z, Title 3, Finance Code, is amended by |
|
adding Chapter 279 to read as follows: |
|
CHAPTER 279. MONEY TRANSMISSION FEE |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 279.001. DEFINITIONS. In this chapter: |
|
(1) "Money transmission" has the meaning assigned by |
|
Section 151.301. |
|
(2) "Money transmission business" means a person |
|
engaging in money transmission as a service or for profit. |
|
[Sections 279.002-279.050 reserved for expansion] |
|
SUBCHAPTER B. FEE ON CERTAIN MONEY TRANSMISSIONS |
|
Sec. 279.051. FEE ON TRANSMISSIONS TO CERTAIN FOREIGN |
|
DESTINATIONS. (a) A money transmission business shall charge a fee |
|
on a money transmission that originates in this state and is |
|
transmitted to a destination in Mexico or in Central or South |
|
America. The amount of the fee is eight percent of the total amount |
|
sent by the money transmission. |
|
(b) The money transmission business shall: |
|
(1) collect the fee from the person directing or |
|
requesting the business to make the transmission; and |
|
(2) remit the fee to the comptroller at the times and |
|
in the manner prescribed by the comptroller. |
|
(c) The comptroller shall deposit the net revenue received |
|
under this section to the credit of the indigent health care support |
|
account under Section 64.002, Health and Safety Code. |
|
Sec. 279.052. REFUND OF FEE. (a) A United States citizen |
|
or another person who is lawfully present in the United States is |
|
entitled to apply to the comptroller for a refund of a fee charged |
|
under Section 279.051. |
|
(b) The application for the refund must: |
|
(1) be made in the manner provided for a claim for |
|
refund under Chapter 111, Tax Code, and on the form prescribed by |
|
the comptroller; |
|
(2) have attached a fee receipt issued by the money |
|
transmission business showing full payment by the applicant of the |
|
fee for which the refund is sought; |
|
(3) be filed not later than the 90th day after the date |
|
the fee for which the refund is sought is paid; |
|
(4) include the documentation required by Subsection |
|
(c) or a copy of a letter of qualification and the statement |
|
described by Section 279.053; and |
|
|
|
(5) contain a statement signed by the applicant that |
|
the applicant either is a United States citizen or is not a United |
|
States citizen but is lawfully present in the United States. |
|
(c) Except as provided by Section 279.053, a person must |
|
submit at least two of the following documents with an application |
|
for a refund under this section: |
|
(1) a certified copy of the person's birth certificate |
|
indicating that the person is a United States citizen; |
|
(2) a certified copy of a document issued by the United |
|
States government indicating that the person: |
|
(A) is a United States citizen; or |
|
(B) is not a United States citizen but is |
|
lawfully present in the United States; |
|
(3) a copy of a current driver's license or personal |
|
identification card issued to the person by the Department of |
|
Public Safety or a similar document issued to the person by an |
|
agency of another state; or |
|
(4) a copy of the person's social security card. |
|
Sec. 279.053. LETTER OF QUALIFICATION. On receipt of an |
|
application for an initial refund under Section 279.052, the |
|
comptroller shall determine whether the applicant is eligible for |
|
and has satisfied all requirements for receipt of the refund. If |
|
the comptroller makes that determination, the comptroller shall, |
|
before paying the refund, promptly issue to the applicant a letter |
|
of qualification stating that the person has fully satisfied all |
|
requirements for receipt of a refund under this section. For any |
|
subsequent application for a refund filed under Section 279.052, |
|
the applicant, in lieu of submitting the documentation required by |
|
Section 279.052(c), may submit to the comptroller a copy of the |
|
letter of qualification and a statement that information contained |
|
in the documentation the applicant submitted under Section |
|
279.052(c) for receipt of an initial refund has not changed in any |
|
material respect. |
|
Sec. 279.054. RULES. The comptroller shall adopt any |
|
necessary rules for the imposition, administration, payment, |
|
collection, enforcement, and refund of the fee imposed by Section |
|
279.051. |
|
SECTION 2. Chapter 64, Health and Safety Code, is amended by |
|
adding Section 64.002 to read as follows: |
|
Sec. 64.002. INDIGENT HEALTH CARE SUPPORT ACCOUNT. The |
|
indigent health care support account is an account in the general |
|
revenue fund. Money in the account may be appropriated only to the |
|
Health and Human Services Commission to provide funding for |
|
indigent health care and other health care services to needy |
|
residents of this state. |
|
SECTION 3. The fees imposed under Subchapter B, Chapter |
|
279, Finance Code, as added by this Act, apply only to money |
|
transmissions that occur on or after October 1, 2007. |
|
SECTION 4. Not later than October 1, 2007, the comptroller |
|
shall adopt rules as necessary to implement Chapter 279, Finance |
|
Code, as added by this Act. |
|
SECTION 5. This Act takes effect immediately if it receives |
|
a vote of two-thirds of all the members elected to each house, as |
|
provided by Section 39, Article III, Texas Constitution. If this |
|
Act does not receive the vote necessary for immediate effect, this |
|
Act takes effect September 1, 2007. |