88R6612 MLH-D
By: Kolkhorst S.B. No. 1607
A BILL TO BE ENTITLED
AN ACT
relating to prohibiting the imposition of a monetary fine or
penalty for a violation of a money services business's terms of
service agreement; providing a civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter E, Chapter 151, Finance Code, is
amended by adding Section 151.406 to read as follows:
Sec. 151.406. PROHIBITION ON IMPOSITION OF FINE OR PENALTY
FOR TERMS OF SERVICE VIOLATION. (a) A money transmission license
holder may not include in the license holder's terms of service
agreement a provision allowing or providing for a monetary fine or
penalty for violating any provision of the terms of service
agreement.
(b) This section may not be construed to prevent a money
transmission license holder from closing a customer account as a
result of a customer's violation of the license holder's terms of
service agreement.
(c) In addition to any other relief provided for a violation
of this chapter, a money transmission license holder that violates
this section is liable to this state for a civil penalty in an
amount equal to three times the amount of the fine or penalty
imposed by the license holder.
(d) The attorney general may bring an action in the name of
the state to recover the civil penalty under Subsection (c). The
attorney general may recover attorney's fees and costs incurred in
bringing an action under Subsection (c).
SECTION 2. This Act applies only to a terms of service
agreement entered into after the effective date of this Act. A
terms of service agreement entered into before the effective date
of this Act is governed by the law as it existed immediately before
the effective date of this Act, and the former law is continued in
effect for that purpose.
SECTION 3. This Act takes effect September 1, 2023.