Texas 2021 - 87th Regular

Texas House Bill HB4474

Caption

Relating to the control of virtual currency and the rights of purchasers who obtain control of virtual currency for purposes of the Uniform Commercial Code.

Impact

The bill enacts significant amendments to the Business & Commerce Code, especially concerning the definition and control of virtual currencies. These changes mean that rights in virtual currency transactions are now clearer, which may encourage more businesses and individuals to engage in transactions involving cryptocurrencies. Further, it defines the status of purchasers of virtual currency, indicating how claims against these assets are handled. This creates a more secure legal environment for parties wishing to engage in virtual currency transactions, fostering innovation and investment in this sphere.

Summary

House Bill 4474 addresses the control and rights associated with virtual currency within the framework of the Uniform Commercial Code (UCC). The bill provides definitions and clarifications regarding what constitutes virtual currency and the legal implications of its control. It establishes that a secured party can obtain control of virtual currency, which is essential for defining ownership and rights in transactions involving these digital assets. By formally recognizing virtual currencies under the UCC, the bill aims to provide a legal structure that supports the growing acceptance and use of cryptocurrencies in commercial transactions.

Sentiment

The sentiment surrounding HB 4474 appears to be generally positive among stakeholders who view it as an important step in legitimizing and regulating virtual currencies. Proponents argue that it will enhance consumer confidence and stimulate economic activity related to digital currencies. However, there are concerns from some quarters regarding the potential for overregulation and the need for a careful balance that will protect consumers while allowing the market for virtual currencies to flourish.

Contention

Despite the overall support, debates have emerged around the potential implications of this bill on broader financial regulations. Critiques highlight that excessive formalization may constrain the innovative aspects of blockchain technology and the decentralized nature of cryptocurrencies. Questions have also been raised about the adequacy of consumer protections within this new framework, particularly for individuals unfamiliar with the complexities of digital assets. Thus, while HB 4474 seeks to clarify the status of virtual currency, the discussions reflect a broader tension between regulation and innovation.

Companion Bills

No companion bills found.

Previously Filed As

TX HB5011

Relating to amendments to the Uniform Commercial Code, including amendments concerning certain intangible assets and the perfection of security interests in those assets.

TX SB2075

Relating to amendments to the Uniform Commercial Code, including amendments concerning certain intangible assets and the perfection of security interests in those assets.

TX HB2223

Relating to the temporary exemption of certain tangible personal property related to virtual currency mines from sales and use taxes.

TX SB1929

Relating to the registration of virtual currency mining facilities in the ERCOT power region that demand a large load of interruptible power.

TX SB2334

Relating to the establishment of a digital currency backed by gold; authorizing a fee.

TX HB157

Relating to the establishment of a currency based on gold and silver; authorizing a fee.

TX HB23

Relating to the establishment of a currency based on gold and silver; authorizing a fee.

TX HB4903

Relating to the issuance of gold and silver specie and the establishment of a digital currency based on gold and silver; authorizing a fee.

TX HB3573

Relating to modernizing the regulation of money services businesses.

TX SB1814

Relating to the current debt rate and tax rate of a taxing unit for ad valorem tax purposes.

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