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 Originally enacted in 2005, the laws governing money transmission have become outdated due to significant advancements in the industry.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
Relating to the regulation of sports wagering; requiring occupational permits; authorizing fees; imposing a tax; decriminalizing wagering on certain sports events; creating criminal offenses; providing administrative penalties.
Relating to the regulation of sports wagering; requiring occupational permits; authorizing fees; imposing a tax; decriminalizing wagering on certain sports events; creating criminal offenses; providing administrative penalties.
Imposing a fee on each international transaction by a money transmitter by wire, allowing the state bank commissioner to assess penalties for the nonpayment of such fee, providing for the distribution of such fee and penalty moneys, establishing the criminal litigation fund, wire transfer fee fund and prosecutor and law enforcement grant fund and creating a misdemeanor crime of unlawful transmission of a wire transfer and providing criminal penalties therefor.
Relating to the regulation of certain transactions and activities involving the provision of veterinary services; authorizing civil penalties; creating criminal offenses.
Enacting the Kansas money transmission act and the Kansas earned wage access services act, providing when applications under the state banking code are considered abandoned or expired, allowing an originating trustee to have such trustee's principal place of business outside of Kansas, authorizing any person to become a depositor or lessor of a safe deposit box, providing methods in which bank deposits may be withdrawn by a depositor and prohibiting banks from requiring a cosigner for an account of a child in the custody of the secretary for children and families, secretary of corrections or a federally recognized Indian tribe.