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A BILL TO BE ENTITLED
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AN ACT
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relating to the collection of remittance transfer fees for use in |
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enhancing border security; authorizing a fee; providing a civil |
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penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle Z, Title 3, Finance Code, is amended by |
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adding Chapter 282 to read as follows: |
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CHAPTER 282. REMITTANCE TRANSFER FEE |
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Sec. 282.001. DEFINITIONS. In this chapter: |
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(1) "Remittance transfer" has the meaning assigned by |
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Section 4A.108, Business & Commerce Code. |
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(2) "Remittance transfer provider" means a financial |
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institution or other person that provides a remittance transfer for |
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a consumer in the normal course of the person's or financial |
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institution's business. |
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Sec. 282.002. REMITTANCE TRANSFER FEE. (a) A remittance |
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transfer provider who provides a remittance transfer to a recipient |
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located outside of the United States shall collect from the |
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consumer who made the transfer a fee in an amount equal to five |
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percent of the amount of the remittance transfer. |
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(b) The fees collected under Subsection (a) shall be |
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remitted to the comptroller for deposit in the border security |
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enhancement fund under Subchapter W, Chapter 411, Government Code. |
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Sec. 282.003. CIVIL PENALTY. (a) A remittance transfer |
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provider who knowingly fails to collect a fee in violation of |
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Section 282.002(a) shall be liable to this state for a civil penalty |
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in an amount not to exceed the greater of: |
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(1) $500,000; or |
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(2) twice the amount of the remittance transfer for |
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which the provider failed to collect the fee. |
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(b) The attorney general may file suit to collect the |
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penalty. |
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SECTION 2. Chapter 411, Government Code, is amended by |
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adding Subchapter W to read as follows: |
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SUBCHAPTER W. BORDER SECURITY ENHANCEMENT |
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Sec. 411.801. DEFINITION. In this subchapter, "fund" means |
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the border security enhancement fund. |
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Sec. 411.802. BORDER SECURITY ENHANCEMENT FUND. (a) The |
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border security enhancement fund is a special fund in the state |
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treasury outside the general revenue fund to be administered by the |
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department under this subchapter and rules adopted by the |
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commission under this subchapter. |
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(b) The fund consists of money collected under Chapter 282, |
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Finance Code, for deposit to the credit of the fund. |
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Sec. 411.803. FUND INTEREST. The comptroller shall deposit |
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to the credit of the economic stabilization fund the interest and |
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other earnings made on the balance of the border security |
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enhancement fund. |
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Sec. 411.804. USE OF FUND. Money in the fund may be |
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appropriated to the department only for the following activities |
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for the purposes of preventing illegal entry into the United States |
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of aliens without official approval of an appropriate federal |
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governmental authority, terrorists, instruments of terrorism, and |
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contraband, including narcotics and other controlled substances: |
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(1) employing and training: |
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(A) border security personnel; and |
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(B) officers and staff employed in enforcement |
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and removal operations; and |
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(2) planning, designing, constructing, and |
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maintaining along this state's international border: |
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(A) barriers and related infrastructure; and |
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(B) detention facilities for aliens without |
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lawful immigration status. |
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Sec. 411.805. CONTRACTS AND AGREEMENTS. The department may |
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enter into contracts and agreements as necessary to implement this |
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subchapter. |
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Sec. 411.806. ADOPTION OF RULES. The commission shall |
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adopt rules necessary to implement this subchapter. |
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SECTION 3. This Act takes effect September 1, 2025. |