| 1 | 1 | | 89R13531 MLH-D |
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| 2 | 2 | | By: Money H.B. No. 4364 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the collection of remittance transfer fees for use in |
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| 10 | 10 | | enhancing border security; authorizing a fee; providing a civil |
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| 11 | 11 | | penalty. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Subtitle Z, Title 3, Finance Code, is amended by |
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| 14 | 14 | | adding Chapter 282 to read as follows: |
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| 15 | 15 | | CHAPTER 282. REMITTANCE TRANSFER FEE |
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| 16 | 16 | | Sec. 282.001. DEFINITIONS. In this chapter: |
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| 17 | 17 | | (1) "Remittance transfer" has the meaning assigned by |
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| 18 | 18 | | Section 4A.108, Business & Commerce Code. |
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| 19 | 19 | | (2) "Remittance transfer provider" means a financial |
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| 20 | 20 | | institution or other person that provides a remittance transfer for |
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| 21 | 21 | | a consumer in the normal course of the person's or financial |
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| 22 | 22 | | institution's business. |
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| 23 | 23 | | Sec. 282.002. REMITTANCE TRANSFER FEE. (a) A remittance |
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| 24 | 24 | | transfer provider who provides a remittance transfer to a recipient |
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| 25 | 25 | | located outside of the United States shall collect from the |
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| 26 | 26 | | consumer who made the transfer a fee in an amount equal to five |
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| 27 | 27 | | percent of the amount of the remittance transfer. |
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| 28 | 28 | | (b) The fees collected under Subsection (a) shall be |
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| 29 | 29 | | remitted to the comptroller for deposit in the border security |
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| 30 | 30 | | enhancement fund under Subchapter W, Chapter 411, Government Code. |
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| 31 | 31 | | Sec. 282.003. CIVIL PENALTY. (a) A remittance transfer |
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| 32 | 32 | | provider who knowingly fails to collect a fee in violation of |
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| 33 | 33 | | Section 282.002(a) shall be liable to this state for a civil penalty |
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| 34 | 34 | | in an amount not to exceed the greater of: |
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| 35 | 35 | | (1) $500,000; or |
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| 36 | 36 | | (2) twice the amount of the remittance transfer for |
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| 37 | 37 | | which the provider failed to collect the fee. |
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| 38 | 38 | | (b) The attorney general may file suit to collect the |
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| 39 | 39 | | penalty. |
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| 40 | 40 | | SECTION 2. Chapter 411, Government Code, is amended by |
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| 41 | 41 | | adding Subchapter W to read as follows: |
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| 42 | 42 | | SUBCHAPTER W. BORDER SECURITY ENHANCEMENT |
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| 43 | 43 | | Sec. 411.801. DEFINITION. In this subchapter, "fund" means |
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| 44 | 44 | | the border security enhancement fund. |
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| 45 | 45 | | Sec. 411.802. BORDER SECURITY ENHANCEMENT FUND. (a) The |
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| 46 | 46 | | border security enhancement fund is a special fund in the state |
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| 47 | 47 | | treasury outside the general revenue fund to be administered by the |
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| 48 | 48 | | department under this subchapter and rules adopted by the |
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| 49 | 49 | | commission under this subchapter. |
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| 50 | 50 | | (b) The fund consists of money collected under Chapter 282, |
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| 51 | 51 | | Finance Code, for deposit to the credit of the fund. |
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| 52 | 52 | | Sec. 411.803. FUND INTEREST. The comptroller shall deposit |
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| 53 | 53 | | to the credit of the economic stabilization fund the interest and |
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| 54 | 54 | | other earnings made on the balance of the border security |
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| 55 | 55 | | enhancement fund. |
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| 56 | 56 | | Sec. 411.804. USE OF FUND. Money in the fund may be |
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| 57 | 57 | | appropriated to the department only for the following activities |
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| 58 | 58 | | for the purposes of preventing illegal entry into the United States |
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| 59 | 59 | | of aliens without official approval of an appropriate federal |
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| 60 | 60 | | governmental authority, terrorists, instruments of terrorism, and |
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| 61 | 61 | | contraband, including narcotics and other controlled substances: |
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| 62 | 62 | | (1) employing and training: |
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| 63 | 63 | | (A) border security personnel; and |
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| 64 | 64 | | (B) officers and staff employed in enforcement |
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| 65 | 65 | | and removal operations; and |
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| 66 | 66 | | (2) planning, designing, constructing, and |
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| 67 | 67 | | maintaining along this state's international border: |
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| 68 | 68 | | (A) barriers and related infrastructure; and |
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| 69 | 69 | | (B) detention facilities for aliens without |
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| 70 | 70 | | lawful immigration status. |
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| 71 | 71 | | Sec. 411.805. CONTRACTS AND AGREEMENTS. The department may |
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| 72 | 72 | | enter into contracts and agreements as necessary to implement this |
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| 73 | 73 | | subchapter. |
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| 74 | 74 | | Sec. 411.806. ADOPTION OF RULES. The commission shall |
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| 75 | 75 | | adopt rules necessary to implement this subchapter. |
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| 76 | 76 | | SECTION 3. This Act takes effect September 1, 2025. |
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