By: Lambert, et al. (Senate Sponsor - Menéndez) H.B. No. 3510
(In the Senate - Received from the House May 3, 2021;
May 10, 2021, read first time and referred to Committee on Business &
Commerce; May 20, 2021, reported favorably by the following vote:
Yeas 9, Nays 0; May 20, 2021, sent to printer.)
Click here to see the committee vote
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.
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