2023 Texas Statutes › Finance Code › Title 3 - Financial Institutions and Businesses › Subtitle E - Other Financial Businesses › Chapter 152 - Regulation of Money Services Businesses › Subchapter I. Enforcement › Section 152.404. Suspension and Revocation of Authorized Delegate Designation

Sec. 152.404.  SUSPENSION AND REVOCATION OF AUTHORIZED DELEGATE DESIGNATION.  (a)  The commissioner may suspend or revoke the designation of an authorized delegate by a money transmission licensee if the commissioner has reason to believe that:
(1)  the authorized delegate has violated this chapter, a rule adopted or order issued under this chapter, a written agreement entered into with the commissioner or the department, or any other state or federal law applicable to a money transmission business;
(2)  the authorized delegate has refused to permit or has not cooperated with an examination or investigation under this chapter;
(3)  the authorized delegate has engaged in fraud, knowing misrepresentation, deceit, gross negligence, or an unfair or deceptive act or practice in connection with the operation of the delegate's business on behalf of the money transmission licensee or any transaction subject to this chapter;
(4)  the competence, experience, character, or general fitness of the authorized delegate, or a principal of, person in control of, or responsible person of the authorized delegate, indicates that it is not in the public interest to permit the authorized delegate to provide money transmission;
(5)  the authorized delegate has engaged in an unsafe or unsound act or practice or conducted business in an unsafe and unsound manner;
(6)  the authorized delegate, or a principal or responsible person of the authorized delegate, is listed on the Specially Designated Nationals and Blocked Persons List prepared by the United States Department of the Treasury as a potential threat to commit terrorist acts or to fund terrorist acts; or
(7)  the authorized delegate, or a principal or responsible person of the authorized delegate, has been convicted of a state or federal anti-money-laundering or terrorist funding law.
(b)  In determining whether an authorized delegate has engaged in an unsafe or unsound act or practice or conducted business in an unsafe or unsound manner, the commissioner may consider factors that include:
(1)  the size and condition of the authorized delegate's provision of money transmission;
(2)  the magnitude of the loss or potential loss;
(3)  the gravity of the violation of this chapter or rule adopted or order issued under this chapter;
(4)  any action taken against the authorized delegate by this state, another state, or the federal government; and
(5)  the previous conduct of the authorized delegate.
(c)  The commissioner's order suspending or revoking the designation of an authorized delegate is subject to Section 152.409, unless the order is issued as an emergency order.  The commissioner may issue an emergency order suspending the designation of an authorized delegate in accordance with Section 152.410 if the commissioner finds that the factors identified in Section 152.410(b) exist.
Added by Acts 2023, 88th Leg., R.S., Ch. 277 (S.B. 895), Sec. 1.01, eff. September 1, 2023.