Texas 2023 - 88th Regular

Texas Senate Bill SB770

Voted on by Senate
 
Out of House Committee
 
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the commingling of funds by digital asset service providers.

Impact

The legislation impacts digital asset service providers that serve over 500 customers or manage over $10 million in customer funds. It establishes specific duties for these providers to prevent the commingling of funds and mandates them to maintain adequate reserves to fulfill obligations to customers. Providers are required to submit regular reports to the Texas Department of Banking, ensuring accountability and transparency regarding customer assets and liabilities. By implementing these measures, the bill seeks to enhance financial integrity within the digital asset sector.

Summary

SB770 introduces a regulatory framework for digital asset service providers in Texas, specifically addressing the practices around the commingling of customer funds. This bill aims to protect consumers by ensuring that service providers maintain clear separation of customer assets from their own financial resources. Key definitions are provided, contextualizing terms such as 'digital asset', 'customer funds', and 'digital asset customer', which are integral in delineating the scope of the bill's application.

Sentiment

The sentiment surrounding SB770 appears to be cautiously optimistic. Advocates for the bill argue that it establishes necessary consumer protections in an increasingly digital and decentralized financial landscape. Supporters emphasize that such regulations will foster confidence in the digital asset market, encouraging more Texans to engage with these services. However, there may also be concerns regarding the regulatory burden it imposes on smaller digital asset providers, which could impact their ability to compete.

Contention

Notably, the bill has sparked discussions over how regulations should evolve to keep pace with innovation in financial technologies. Some stakeholders raise questions about the balance between consumer protection and the potential stifling of innovation. The definition of digital asset and the categorization of providers impact the breadth of those regulated, leading to debates about which entities should be subject to these regulations and what effects they could have on the emerging digital economy.

Texas Constitutional Statutes Affected

Finance Code

  • Chapter 1. General Provisions
    • Section: New Section

Companion Bills

TX HB1666

Identical Relating to the commingling of funds by digital asset service providers; providing an administrative penalty.

Similar Bills

No similar bills found.