89R13531 MLH-D
By: Money H.B. No. 4364
A BILL TO BE ENTITLED
AN ACT
relating to the collection of remittance transfer fees for use in
enhancing border security; authorizing a fee; providing a civil
penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle Z, Title 3, Finance Code, is amended by
adding Chapter 282 to read as follows:
CHAPTER 282. REMITTANCE TRANSFER FEE
Sec. 282.001. DEFINITIONS. In this chapter:
(1) "Remittance transfer" has the meaning assigned by
Section 4A.108, Business & Commerce Code.
(2) "Remittance transfer provider" means a financial
institution or other person that provides a remittance transfer for
a consumer in the normal course of the person's or financial
institution's business.
Sec. 282.002. REMITTANCE TRANSFER FEE. (a) A remittance
transfer provider who provides a remittance transfer to a recipient
located outside of the United States shall collect from the
consumer who made the transfer a fee in an amount equal to five
percent of the amount of the remittance transfer.
(b) The fees collected under Subsection (a) shall be
remitted to the comptroller for deposit in the border security
enhancement fund under Subchapter W, Chapter 411, Government Code.
Sec. 282.003. CIVIL PENALTY. (a) A remittance transfer
provider who knowingly fails to collect a fee in violation of
Section 282.002(a) shall be liable to this state for a civil penalty
in an amount not to exceed the greater of:
(1) $500,000; or
(2) twice the amount of the remittance transfer for
which the provider failed to collect the fee.
(b) The attorney general may file suit to collect the
penalty.
SECTION 2. Chapter 411, Government Code, is amended by
adding Subchapter W to read as follows:
SUBCHAPTER W. BORDER SECURITY ENHANCEMENT
Sec. 411.801. DEFINITION. In this subchapter, "fund" means
the border security enhancement fund.
Sec. 411.802. BORDER SECURITY ENHANCEMENT FUND. (a) The
border security enhancement fund is a special fund in the state
treasury outside the general revenue fund to be administered by the
department under this subchapter and rules adopted by the
commission under this subchapter.
(b) The fund consists of money collected under Chapter 282,
Finance Code, for deposit to the credit of the fund.
Sec. 411.803. FUND INTEREST. The comptroller shall deposit
to the credit of the economic stabilization fund the interest and
other earnings made on the balance of the border security
enhancement fund.
Sec. 411.804. USE OF FUND. Money in the fund may be
appropriated to the department only for the following activities
for the purposes of preventing illegal entry into the United States
of aliens without official approval of an appropriate federal
governmental authority, terrorists, instruments of terrorism, and
contraband, including narcotics and other controlled substances:
(1) employing and training:
(A) border security personnel; and
(B) officers and staff employed in enforcement
and removal operations; and
(2) planning, designing, constructing, and
maintaining along this state's international border:
(A) barriers and related infrastructure; and
(B) detention facilities for aliens without
lawful immigration status.
Sec. 411.805. CONTRACTS AND AGREEMENTS. The department may
enter into contracts and agreements as necessary to implement this
subchapter.
Sec. 411.806. ADOPTION OF RULES. The commission shall
adopt rules necessary to implement this subchapter.
SECTION 3. This Act takes effect September 1, 2025.