reglab/housing_qa huggingface dataset:
TX Fin Code § 151.102 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle E - Other Financial Businesses|Chapter 151 - Regulation of Money Services Businesses|Subchapter B. Administrative Provisions|Section 151.102. Rules

Sec. 151.102.  RULES.  (a)  The commission may adopt rules to administer and enforce this chapter, including rules necessary or appropriate to:(1)  implement and clarify this chapter;(2)  preserve and protect the safety and soundness of money services businesses;(3)  protect the interests of purchasers of money services and the public;(4)  protect against drug trafficking, terrorist funding, and money laundering, structuring, or a related financial crime; and(5)  recover the cost of maintaining and operating the department and the cost of administering and enforcing this chapter and other applicable law by imposing and collecting proportionate and equitable fees and costs for notices, applications, examinations, investigations, and other actions required to achieve the purposes of this chapter.(b)  The presence or absence of a specific reference in this chapter to a rule regarding a particular subject is not intended to and does not limit the general rulemaking authority granted to the commission by this section.|Added by Acts 2005, 79th Leg., Ch. 1099 (H.B. 2218), Sec. 1, eff. September 1, 2005.|
TX Fin Code § 151.103 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle E - Other Financial Businesses|Chapter 151 - Regulation of Money Services Businesses|Subchapter B. Administrative Provisions|Section 151.103. Commissioner's General Authority

Sec. 151.103.  COMMISSIONER'S GENERAL AUTHORITY.  (a)  Each power granted to the commissioner under this chapter is in addition to, and not in limitation of, each other power granted under this chapter.  The fact that the commissioner possesses, or has exercised, a power under a provision of this chapter does not preclude the commissioner from exercising a power under any other provision of this chapter.(b)  Each power granted to the commissioner under this chapter is in addition to, and not in limitation of, powers granted to the commissioner under other law.  The fact that the commissioner possesses, or has exercised, a power under any other provision of law does not preclude the commissioner from exercising any power under this chapter.  The fact that the commissioner possesses, or has exercised, a power under a provision of this chapter does not preclude the commissioner from exercising a power under any other law.(c)  The commissioner may impose on any authority, approval, exemption, license, or order issued or granted under this chapter any condition the commissioner considers reasonably necessary or appropriate to carry out and achieve the purposes of this chapter.|Added by Acts 2005, 79th Leg., Ch. 1099 (H.B. 2218), Sec. 1, eff. September 1, 2005.|
TX Fin Code § 151.104 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle E - Other Financial Businesses|Chapter 151 - Regulation of Money Services Businesses|Subchapter B. Administrative Provisions|Section 151.104. Investigations

Sec. 151.104.  INVESTIGATIONS.  (a)  The commissioner may conduct investigations in or outside this state and the United States as the commissioner considers necessary or appropriate to administer and enforce this chapter, including investigations to:(1)  determine whether to approve an application for a license or a request for approval or exemption filed under this chapter or a rule adopted or order issued under this chapter;(2)  determine whether a person has violated or is likely to violate this chapter or a rule adopted or order issued under this chapter;(3)  determine whether a license or authorized delegate designation should be revoked or suspended;(4)  otherwise aid in the enforcement of this chapter or a rule adopted or order issued under this chapter; and(5)  aid in the adoption of rules or issuance of orders under this chapter.(b)  For purposes of an investigation, examination, or other proceeding under this chapter, the commissioner may administer or cause to be administered oaths, subpoena witnesses, compel the attendance of witnesses, take evidence, and require the production of any document that the commissioner determines to be relevant to the inquiry.(c)  If a person refuses to obey a subpoena, a district court of Travis County, on application by the commissioner, may issue an order requiring the person to appear before the commissioner and produce documents or give evidence regarding the matter under investigation.(d)  The commissioner may employ a person or request the attorney general, the Department of Public Safety, or any other state, federal, or local law enforcement agency to assist in enforcing this chapter.(e)  The commissioner may recover the reasonable costs incurred in connection with an investigation conducted under this chapter from the person that is the subject of the investigation.|Added by Acts 2005, 79th Leg., Ch. 1099 (H.B. 2218), Sec. 1, eff. September 1, 2005.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 988 (H.B. 2134), Sec. 2, eff. September 1, 2013.|
TX Fin Code § 151.106 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle E - Other Financial Businesses|Chapter 151 - Regulation of Money Services Businesses|Subchapter B. Administrative Provisions|Section 151.106. Consent to Service of Process

Sec. 151.106.  CONSENT TO SERVICE OF PROCESS.  A license holder, an authorized delegate, or a person who knowingly engages in activities that are regulated and require a license under this chapter, with or without filing an application for a license or holding a license under this chapter, is considered to have  consented to the jurisdiction of the courts of this state for all actions arising under this chapter.|Added by Acts 2005, 79th Leg., Ch. 1099 (H.B. 2218), Sec. 1, eff. September 1, 2005.|
TX Fin Code § 151.201 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle E - Other Financial Businesses|Chapter 151 - Regulation of Money Services Businesses|Subchapter C. General Qualifications and Provisions|Section 151.201. Scope

Sec. 151.201.  SCOPE.  This subchapter sets out the general qualifications and provisions that apply to a money services license, regardless of whether the license is a money transmission license or a currency exchange license.  Subchapters D and E set forth the additional qualifications and provisions that apply specifically to a money transmission license.  Subchapter F sets forth the additional qualifications and provisions that apply specifically to a currency exchange license. |Added by Acts 2005, 79th Leg., Ch. 1099 (H.B. 2218), Sec. 1, eff. September 1, 2005.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1000 (H.B. 483), Sec. 5, eff. June 19, 2015.Acts 2019, 86th Leg., R.S., Ch. 198 (H.B. 2458), Sec. 4, eff. May 24, 2019.|
TX Fin Code § 151.203 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle E - Other Financial Businesses|Chapter 151 - Regulation of Money Services Businesses|Subchapter C. General Qualifications and Provisions|Section 151.203. Application for License

Sec. 151.203.  APPLICATION FOR LICENSE.  (a)  An application for a license under this chapter must be made under oath and in the form and medium required by the commissioner.  The application must contain:(1)  the legal name and residential and business address of the applicant and each principal of the applicant;(2)  the taxpayer identification number, social security number, driver's license number, or other identifying information the commissioner requires of the applicant and each principal of the applicant; and(3)  any other information or documentation the commissioner reasonably requires to determine whether the applicant qualifies for and should be issued the license for which application is made.(b)  The commissioner, at the time the application is submitted or in connection with an investigation of the application under Section 151.204, may require the applicant, the spouse of the applicant, a principal of, individual who is a person in control of, or proposed responsible individual of the applicant, or any other individual associated with the applicant and the proposed licensed activities, to provide the department a complete set of fingerprints for purposes of a criminal background investigation.(c)  An applicant must certify in writing on the application that the applicant and each principal of, person in control of, and proposed responsible individual of the applicant:(1)  is familiar with and agrees to fully comply with all applicable state and federal laws and regulations pertaining to the applicant's proposed money services business, including this chapter, relevant provisions of the Bank Secrecy Act, the USA PATRIOT ACT, and Chapter 271;(2)  has not within the preceding three years knowingly failed to file or evaded the obligation to file a report, including a currency transaction or suspicious activity report required by the Bank Secrecy Act, the USA PATRIOT ACT, or Chapter 271; and(3)  has not knowingly accepted money for transmission or exchange in which a portion of the money was derived from an illegal transaction or activity.(d)  The commissioner may waive an application requirement or permit the submission of substituted information in lieu of the information generally required in an application, either with respect to a specific applicant or a category of applicants, if the commissioner determines that the waiver or substitution of information is consistent with achievement of the purposes of this chapter.|Added by Acts 2005, 79th Leg., Ch. 1099 (H.B. 2218), Sec. 1, eff. September 1, 2005.|
TX Fin Code § 151.2031 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle E - Other Financial Businesses|Chapter 151 - Regulation of Money Services Businesses|Subchapter C. General Qualifications and Provisions|Section 151.2031. Use of Nationwide Multistate Licensing System and Registry

Sec. 151.2031.  USE OF NATIONWIDE MULTISTATE LICENSING SYSTEM AND REGISTRY.  (a)  In this section, "Nationwide Multistate Licensing System and Registry" or "nationwide registry" means a licensing system developed and maintained by the Conference of State Bank Supervisors or an affiliated organization to manage mortgage licenses and other financial services licenses, or a successor registry.(b)  The commissioner may require that a person submit through the Nationwide Multistate Licensing System and Registry in the form and manner prescribed by the commissioner and acceptable to the registry any information or document or payment of a fee required to be submitted under this chapter or rules adopted under this chapter.(c)  The commissioner may use the nationwide registry as a channeling agent for obtaining information required for licensing purposes under this chapter or rules adopted under this chapter, including:(1)  criminal history record information from the Federal Bureau of Investigation, the United States Department of Justice, or any other agency or entity at the commissioner's discretion;(2)  information related to any administrative, civil, or criminal findings by a governmental jurisdiction; and(3)  information requested by the commissioner under Section 151.203(a)(3).|Added by Acts 2013, 83rd Leg., R.S., Ch. 988 (H.B. 2134), Sec. 4, eff. September 1, 2013.Amended by: Acts 2017, 85th Leg., R.S., Ch. 428 (S.B. 1403), Sec. 3, eff. September 1, 2017.Acts 2017, 85th Leg., R.S., Ch. 428 (S.B. 1403), Sec. 4, eff. September 1, 2017.|
TX Fin Code § 151.204 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle E - Other Financial Businesses|Chapter 151 - Regulation of Money Services Businesses|Subchapter C. General Qualifications and Provisions|Section 151.204. Processing and Investigation of Application

Sec. 151.204.  PROCESSING AND INVESTIGATION OF APPLICATION.  (a)  An application for a license under this chapter shall be processed and acted on according to the time periods established by commission rule.(b)  On receipt of an application that meets the requirements of Section 151.203 and Section 151.304 or 151.504, as applicable, the commissioner shall investigate the applicant to determine whether the prescribed qualifications have been met.  The commissioner may:(1)  conduct an on-site investigation of the applicant;(2)  employ a screening service to assist with the investigation;(3)  to the extent the commissioner considers reasonably necessary to evaluate the application and the applicant's qualifications, investigate the financial responsibility and condition, financial and business experience, character and general fitness of each principal of, person in control of, principal of a person in control of, or proposed responsible individual of the applicant or any other person that is or will be associated with the applicant's licensed activities in this state; or(4)  require additional information and take other action the commissioner considers reasonably necessary.(c)  The commissioner may collect from the applicant the reasonable expenses of an on-site examination or third-party investigation.  Additionally, depending on the nature and extent of the investigation required in connection with a particular application, the commissioner may require an applicant to pay a nonrefundable investigation fee in an amount established by commission rule.(d)  The commissioner may suspend consideration of an application for a license if the applicant or a principal of, person in control of, or proposed responsible individual of the applicant is the subject of a pending state or federal criminal prosecution, state or federal government enforcement action, or state or federal asset forfeiture proceeding until the conclusion of the prosecution, action, or proceeding.|Added by Acts 2005, 79th Leg., Ch. 1099 (H.B. 2218), Sec. 1, eff. September 1, 2005.|
TX Fin Code § 151.205 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle E - Other Financial Businesses|Chapter 151 - Regulation of Money Services Businesses|Subchapter C. General Qualifications and Provisions|Section 151.205. Issuance of License

Sec. 151.205.  ISSUANCE OF LICENSE.  (a)  The commissioner shall issue a license if the commissioner, with respect to the license for which application has been made, finds that:(1)  the applicant meets the prescribed qualifications and it is reasonable to believe that the applicant's business will be conducted fairly and lawfully, according to applicable state and federal law, and in a manner commanding the public's trust and confidence;(2)  the issuance of the license is in the public interest;(3)  the documentation and forms required to be submitted by the applicant are acceptable; and(4)  the applicant has satisfied all requirements for licensure.(b)  If the commissioner finds that the applicant for any reason fails to possess the qualifications or satisfy the requirements for the license for which application is made, the commissioner shall inform the applicant in writing that the application is denied and state the reasons for the denial.  The applicant may appeal the denial by filing a written request for a hearing with the commissioner not later than the 30th day after the date the notice is mailed.  A hearing on the denial must be held not later than the 45th day after the date the commissioner receives the written request unless the administrative law judge extends the period for good cause or the parties agree to a later hearing date.  The hearing is considered a contested case hearing and is subject to Section 151.801.|Added by Acts 2005, 79th Leg., Ch. 1099 (H.B. 2218), Sec. 1, eff. September 1, 2005.|
TX Fin Code § 151.206 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle E - Other Financial Businesses|Chapter 151 - Regulation of Money Services Businesses|Subchapter C. General Qualifications and Provisions|Section 151.206. Transfer or Assignment of License

Sec. 151.206.  TRANSFER OR ASSIGNMENT OF LICENSE.  A license issued under this chapter may not be transferred or assigned.|Added by Acts 2005, 79th Leg., Ch. 1099 (H.B. 2218), Sec. 1, eff. September 1, 2005.|
TX Fin Code § 151.208 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle E - Other Financial Businesses|Chapter 151 - Regulation of Money Services Businesses|Subchapter C. General Qualifications and Provisions|Section 151.208. Surrender of License

Sec. 151.208.  SURRENDER OF LICENSE.  (a)  A license holder may surrender the license holder's license by delivering the original license to the commissioner along with a written notice of surrender that includes the location at which the license holder's records will be stored and the name, address, telephone number, and other contact information for an individual who is authorized to provide access to the records.(b)  A license holder shall surrender the license holder's license if the license holder becomes ineligible for a license under Section 151.202(c).(c)  The surrender of a license does not reduce or eliminate a license holder's civil or criminal liability arising from any acts or omissions before the surrender of the license, including any administrative action undertaken by the commissioner to revoke or suspend a license, to assess an administrative penalty, to order the payment of restitution, or to exercise any other authority under this chapter.  Further, the surrender of a license does not release the security required of the license holder under Section 151.308 or 151.506.|Added by Acts 2005, 79th Leg., Ch. 1099 (H.B. 2218), Sec. 1, eff. September 1, 2005.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 988 (H.B. 2134), Sec. 7, eff. September 1, 2013.|
TX Fin Code § 151.209 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle E - Other Financial Businesses|Chapter 151 - Regulation of Money Services Businesses|Subchapter C. General Qualifications and Provisions|Section 151.209. Refunds

Sec. 151.209.  REFUNDS.  A fee or cost paid under this chapter is not refundable.|Added by Acts 2005, 79th Leg., Ch. 1099 (H.B. 2218), Sec. 1, eff. September 1, 2005.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 988 (H.B. 2134), Sec. 8, eff. September 1, 2013.|
TX Fin Code § 151.302 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle E - Other Financial Businesses|Chapter 151 - Regulation of Money Services Businesses|Subchapter D. Money Transmission License|Section 151.302. License Required

Sec. 151.302.  LICENSE REQUIRED.(a)  A person may not engage in the business of money transmission in this state or advertise, solicit, or represent that the person engages in the business of money transmission in this state unless the person:(1)  is licensed under this subchapter;(2)  is an authorized delegate of a person licensed under this subchapter, appointed by the license holder in accordance with Section 151.402;(3)  is excluded from licensure under Section 151.003; or(4)  has been granted an exemption under Subsection (c).(b)  For purposes of this chapter,  a person engages in the business of money transmission if the person receives compensation or expects to receive compensation, directly or indirectly, for conducting money transmission.(c)  On application and a finding that the exemption is in the public interest, the commissioner may exempt a person that:(1)  incidentally engages in the money transmission business only to the extent reasonable and necessary to accomplish a primary business objective unrelated to the money transmission business;(2)  does not advertise or offer money transmission services to the public except to the extent reasonable and necessary to fairly advertise or offer the person's primary business services; and(3)  transmits money without a fee as an inducement for customer participation in the person's primary business.(d)  A license holder may engage in the money transmission business at one or more locations in this state owned, directly or indirectly by the license holder, or through one or more authorized delegates, or both, under a single license granted to the license holder.|Added by Acts 2005, 79th Leg., Ch. 1099 (H.B. 2218), Sec. 1, eff. September 1, 2005.Amended by: Acts 2015, 84th Leg., R.S., Ch. 75 (S.B. 899), Sec. 2, eff. September 1, 2015.Acts 2015, 84th Leg., R.S., Ch. 1000 (H.B. 483), Sec. 7, eff. June 19, 2015.Acts 2017, 85th Leg., R.S., Ch. 428 (S.B. 1403), Sec. 5, eff. September 1, 2017.Acts 2019, 86th Leg., R.S., Ch. 198 (H.B. 2458), Sec. 6, eff. May 24, 2019.|
TX Fin Code § 151.303 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle E - Other Financial Businesses|Chapter 151 - Regulation of Money Services Businesses|Subchapter D. Money Transmission License|Section 151.303. Additional Qualifications

Sec. 151.303.  ADDITIONAL QUALIFICATIONS.  In addition to the general qualifications for licensure set forth in Section 151.202, an applicant for a money transmission license must demonstrate to the satisfaction of the commissioner that:(1)  the applicant has and will maintain the minimum net worth required under Section 151.307;(2)  the applicant's financial condition will enable the applicant to safely and soundly engage in the business of money transmission; and(3)  the applicant does not engage in any activity or practice that adversely affects the applicant's safety and soundness.|Added by Acts 2005, 79th Leg., Ch. 1099 (H.B. 2218), Sec. 1, eff. September 1, 2005.|
TX Fin Code § 151.304 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle E - Other Financial Businesses|Chapter 151 - Regulation of Money Services Businesses|Subchapter D. Money Transmission License|Section 151.304. Application and Accompanying Fee, Statements, and Security

Sec. 151.304.  APPLICATION AND ACCOMPANYING FEE, STATEMENTS, AND SECURITY.  (a)  An applicant for a money transmission license must submit an application in accordance with Section 151.203.(b)  At the time an application for a money transmission license is submitted, an applicant must file with the department:(1)  an application fee in the amount established by commission rule;(2)  audited financial statements that are satisfactory to the commissioner for purposes of determining whether the applicant has the minimum net worth required under Section 151.307 and is likely to maintain the required minimum net worth if a license is issued; and(3)  security that meets the requirements of Section 151.308, and an undertaking or agreement that the applicant will increase or supplement the security to equal the aggregate security required by the commissioner under that section before the issuance of the license and the start of operations.|Added by Acts 2005, 79th Leg., Ch. 1099 (H.B. 2218), Sec. 1, eff. September 1, 2005.Amended by: Acts 2017, 85th Leg., R.S., Ch. 428 (S.B. 1403), Sec. 6, eff. September 1, 2017.|
TX Fin Code § 151.305 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle E - Other Financial Businesses|Chapter 151 - Regulation of Money Services Businesses|Subchapter D. Money Transmission License|Section 151.305. Investigation and Action on Application

Sec. 151.305.  INVESTIGATION AND ACTION ON APPLICATION.  The commissioner shall investigate the applicant and act on the application in accordance with Sections 151.204 and 151.205.|Added by Acts 2005, 79th Leg., Ch. 1099 (H.B. 2218), Sec. 1, eff. September 1, 2005.|