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A BILL TO BE ENTITLED
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AN ACT
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relating to the imposition of a fee for money transmissions sent to |
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certain destinations outside the United States. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle Z, Title 3, Finance Code, is amended by |
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adding Chapter 279 to read as follows: |
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CHAPTER 279. MONEY TRANSMISSION FEE |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 279.001. DEFINITIONS. In this chapter: |
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(1) "Money" or "monetary value" has the meaning |
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assigned by Section 151.301. |
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(2) "Money transmission" means receiving money or |
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monetary value to transmit the money or monetary value by wire, |
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computer modem, facsimile, or other electronic means. |
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(3) "Money transmission business" means a person |
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engaging in money transmission as a service or for profit. The term |
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does not include a federally insured financial institution, as |
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defined by Section 201.101. |
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[Sections 279.002-279.050 reserved for expansion] |
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SUBCHAPTER B. FEE ON CERTAIN MONEY TRANSMISSIONS |
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Sec. 279.051. FEE ON TRANSMISSIONS TO CERTAIN FOREIGN |
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DESTINATIONS. (a) A money transmission business shall charge a fee |
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on a money transmission that originates in this state and is |
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transmitted to a destination in Mexico or in Central or South |
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America for a personal, family, or household purpose. The amount of |
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the fee is eight percent of the total amount sent by the money |
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transmission. |
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(b) The money transmission business shall: |
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(1) collect the fee from the person directing or |
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requesting the business to make the transmission; and |
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(2) remit the fee to the comptroller at the times and |
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in the manner prescribed by the comptroller. |
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(c) The comptroller shall deposit the net revenue received |
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under this section to the credit of the indigent health care support |
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account under Section 64.002, Health and Safety Code. |
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Sec. 279.052. REFUND OF FEE. (a) A United States citizen |
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or another person who is lawfully present in the United States is |
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entitled to apply to the comptroller for a refund of a fee charged |
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under Section 279.051. |
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(b) The application for the refund must: |
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(1) be made in the manner provided for a claim for |
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refund under Chapter 111, Tax Code, and on the form prescribed by |
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the comptroller; |
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(2) have attached a fee receipt issued by the money |
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transmission business showing full payment by the applicant of the |
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fee for which the refund is sought; |
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(3) be filed not later than the 90th day after the date |
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the fee for which the refund is sought is paid; |
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(4) include the documentation required by Subsection |
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(c) or a copy of a letter of qualification and the statement |
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described by Section 279.053; and |
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(5) contain a statement signed by the applicant that |
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the applicant either is a United States citizen or is not a United |
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States citizen but is lawfully present in the United States. |
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(c) Except as provided by Section 279.053, a person must |
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submit at least two of the following documents with an application |
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for a refund under this section: |
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(1) a certified copy of the person's birth certificate |
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indicating that the person is a United States citizen; |
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(2) a certified copy of a document issued by the United |
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States government indicating that the person: |
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(A) is a United States citizen; or |
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(B) is not a United States citizen but is |
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lawfully present in the United States; |
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(3) a copy of a current driver's license or personal |
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identification card issued to the person by the Department of |
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Public Safety or a similar document issued to the person by an |
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agency of another state; or |
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(4) a copy of the person's social security card. |
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Sec. 279.053. LETTER OF QUALIFICATION. On receipt of an |
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application for an initial refund under Section 279.052, the |
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comptroller shall determine whether the applicant is eligible for |
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and has satisfied all requirements for receipt of the refund. If |
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the comptroller makes that determination, the comptroller shall, |
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before paying the refund, promptly issue to the applicant a letter |
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of qualification stating that the person has fully satisfied all |
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requirements for receipt of a refund under this section. For any |
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subsequent application for a refund filed under Section 279.052, |
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the applicant, in lieu of submitting the documentation required by |
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Section 279.052(c), may submit to the comptroller a copy of the |
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letter of qualification and a statement that information contained |
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in the documentation the applicant submitted under Section |
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279.052(c) for receipt of an initial refund has not changed in any |
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material respect. |
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Sec. 279.054. RULES. The comptroller shall adopt any |
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necessary rules for the imposition, administration, payment, |
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collection, enforcement, and refund of the fee imposed by Section |
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279.051. |
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SECTION 2. Chapter 64, Health and Safety Code, is amended by |
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adding Section 64.002 to read as follows: |
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Sec. 64.002. INDIGENT HEALTH CARE SUPPORT ACCOUNT. The |
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indigent health care support account is an account in the general |
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revenue fund. Money in the account may be appropriated only to the |
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Health and Human Services Commission to provide funding for |
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indigent health care and other health care services to needy |
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residents of this state. |
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SECTION 3. The fees imposed under Subchapter B, Chapter |
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279, Finance Code, as added by this Act, apply only to money |
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transmissions that occur on or after October 1, 2011. |
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SECTION 4. Not later than October 1, 2011, the comptroller |
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shall adopt rules as necessary to implement Chapter 279, Finance |
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Code, as added by this Act. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |