Texas 2023 - 88th Regular

Texas Senate Bill SB895

Filed
2/14/23  
Out of Senate Committee
3/27/23  
Voted on by Senate
3/30/23  
Out of House Committee
4/28/23  
Voted on by House
5/16/23  
Governor Action
5/29/23  

Caption

Relating to the regulation of money services businesses; creating a criminal offense; creating administrative penalties; authorizing the imposition of a fee.

Impact

The enactment of SB 895 will replace the existing Chapter 151 of the Finance Code with a new Chapter 152, addressing multiple aspects of money services including licensing, reporting requirements, and consumer protections. This transition is intended to consolidate regulations and ensure that businesses comply with updated practices related to money transmission, aimed at reducing the risks of fraud, money laundering, and other financial crimes. By doing so, the bill reinforces consumer protections and aims to enhance industry accountability.

Summary

Senate Bill 895, known as the Money Services Modernization Act, aims to update and streamline the regulation of money services businesses in Texas. Originally enacted in 2005, the laws governing money transmission have become outdated due to significant advancements in the industry. The bill seeks to align Texas law with a standardized set of national standards, thereby providing a clearer regulatory framework for money transmitters operating within the state. This effort is also supported by the Texas Department of Banking, which requires modern regulations to effectively supervise this expanding sector.

Sentiment

The sentiment surrounding SB 895 is largely positive, especially among stakeholders within the financial services community. Proponents argue that the bill will facilitate the growth of money services businesses by providing a more consistent and predictable regulatory environment. In contrast, some concerns were raised about the potential for increased costs related to compliance and the regulatory burden on smaller businesses. Overall, however, there has been a general consensus on the necessity of modernization.

Contention

One notable point of contention during discussions of SB 895 was the inclusion of provisions that will not allow for the creation of a centralized bank digital currency, clarifying that such measures were not within the scope of the bill. Furthermore, while most stakeholders have welcomed the updates, some advocates raised concerns regarding potential administrative fees and how this might affect consumer costs. However, the bill's supporters believe that by streamlining regulations, it will foster a more competitive environment ultimately benefiting consumers.

Texas Constitutional Statutes Affected

Finance Code

  • Chapter 152. Regulation Of Money Services Businesses
    • Section: New Section
    • Section: New Section
  • Chapter 1. General Provisions
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section
  • Chapter 182. Powers, Organization, And Financial Requirements
    • Section: New Section

Labor Code

  • Chapter 1. General Provisions
    • Section: New Section

Tax Code

  • Chapter 1. General Provisions
    • Section: New Section
  • Chapter 151. Limited Sales, Excise, And Use Tax
    • Section: 0035

Companion Bills

TX HB3573

Identical Relating to modernizing the regulation of money services businesses.

Similar Bills

TX HB3573

Relating to modernizing the regulation of money services businesses.

MS SB2507

Mississippi Money Transmission Modernization Act; enact.

MS HB1428

Money Transmission Modernization Act; create and repeal MS Money Transmitters Act.

VA HB343

Financial institutions; regulation of money transmitters, penalty.

VA HB1942

Financial institutions; regulation of money transmitters, penalty, effective date.

TX HB3833

Relating to the regulation of money services businesses.