| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
| |
|
|
relating to work from remote locations by certain employees of |
|
|
certain entities licensed by the Office of Consumer Credit |
|
|
Commissioner. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter F, Chapter 341, Finance Code, is |
|
|
amended by adding Section 341.503 to read as follows: |
|
|
Sec. 341.503. WORK FROM REMOTE LOCATIONS. (a) |
|
|
Notwithstanding provisions of this subtitle that prohibit |
|
|
conducting business at an unlicensed location and except as |
|
|
provided by Subsection (b), a person licensed under this subtitle |
|
|
may allow an employee of the license holder to work from a remote |
|
|
location if the license holder: |
|
|
(1) ensures that in-person consumer interactions will |
|
|
be conducted at a licensed location; |
|
|
(2) maintains appropriate safeguards for license |
|
|
holder and consumer data, information, and records, including the |
|
|
use of secure virtual private networks where appropriate; |
|
|
(3) employs appropriate risk-based monitoring and |
|
|
oversight processes for work performed from a remote location and |
|
|
maintains records of those processes; |
|
|
(4) ensures that consumer information and records are |
|
|
not maintained at a remote location; |
|
|
(5) ensures that license holder and consumer |
|
|
information and records, including written procedures and training |
|
|
for work from remote locations authorized under this section, are |
|
|
accessible and available to the commissioner or the commissioner's |
|
|
representative on request; |
|
|
(6) provides appropriate employee training to: |
|
|
(A) keep all conversations about and with |
|
|
consumers conducted from a remote location confidential as if |
|
|
conducted from a licensed location; and |
|
|
(B) ensure that remote employees work in an |
|
|
environment conducive and appropriate to consumer privacy; and |
|
|
(7) adopts, maintains, and follows written procedures |
|
|
to ensure that: |
|
|
(A) the license holder and the license holder's |
|
|
employees comply with this section and applicable law; and |
|
|
(B) the employees do not perform an activity that |
|
|
would be prohibited at a licensed location. |
|
|
(b) This section applies to an employee of a person licensed |
|
|
under Chapter 348 or 353 only if the employee engages in making, |
|
|
servicing, holding, or collecting a retail installment transaction |
|
|
as defined by Section 348.001 or 353.001, as applicable. |
|
|
(c) The finance commission may adopt rules to implement this |
|
|
section. |
|
|
SECTION 2. This Act takes effect September 1, 2021. |
|
|
|
|
|
* * * * * |