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Highlights of the 79th Texas Legislature - Senate

Highlights of the 79th Texas Legislature - Senate

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ECONOMIC DEVELOPMENT AND BUSINESS<br />

Amends <strong>the</strong> Transportation Code, relating to <strong>the</strong> administration <strong>of</strong> <strong>the</strong> State Infrastructure Bank (SIB), to authorize<br />

<strong>the</strong> use <strong>of</strong> state funds in <strong>the</strong> <strong>Texas</strong> Department <strong>of</strong> Transportation's SIB loan program and to authorize <strong>the</strong> <strong>Texas</strong><br />

Transportation Commission (TTC) to use state funds in <strong>the</strong> SIB for eligible local roadway projects, including facilities<br />

that are not part <strong>of</strong> <strong>the</strong> state highway system.<br />

Limits financial assistance, as applicable, to a qualified project that is consistent with <strong>the</strong> transportation plan<br />

developed by <strong>the</strong> metropolitan planning organization.<br />

Authorizes TTC to create sub-accounts that are capitalized with state funds only, and to exempt projects funded from<br />

<strong>the</strong>se accounts from certain federal regulations.<br />

Requires projects receiving funds disbursed from <strong>the</strong> SIB's sub-accounts capitalized with federal funds to comply<br />

with federal requirements.<br />

The Money Services Act—H.B. 2218<br />

By Representative McCall—<strong>Senate</strong> Sponsor: Senator Brimer<br />

<strong>Texas</strong> law currently regulates money services businesses under separate chapters <strong>of</strong> <strong>the</strong> Finance Code. For<br />

example, Chapter 152 regulates businesses that issue and sell checks, money orders, stored value cards, and o<strong>the</strong>r<br />

payment instruments used to transfer money from one person to ano<strong>the</strong>r. Chapter 153 regulates businesses that<br />

receive currency or an instrument payable in currency for transmission, exchange, or transportation. The licensing<br />

requirements applicable to a particular activity depend primarily upon <strong>the</strong> form in which or how <strong>the</strong> money is received.<br />

This bill:<br />

Consolidates <strong>the</strong> regulation <strong>of</strong> money services businesses into one act, <strong>the</strong> Money Services Act.<br />

Repeals existing Chapters 152 and 153 <strong>of</strong> <strong>the</strong> Finance Code. The effect <strong>of</strong> this consolidation is to reflect and clarify<br />

<strong>the</strong> requirements and procedures that exist under current law while creating a statutory framework that treats money<br />

services businesses that engage in functionally similar transactions in a uniform manner.<br />

Serves law enforcement interests at <strong>the</strong> state and federal level by safeguarding against money laundering and<br />

terrorist activities as well as broadening <strong>the</strong> <strong>Texas</strong> Department <strong>of</strong> Banking's enforcement authority over licensed and<br />

unlicensed businesses, including <strong>the</strong>ir agents.<br />

Modernizes <strong>the</strong> regulation <strong>of</strong> money services businesses in <strong>Texas</strong>.<br />

Notation on <strong>the</strong> Processing <strong>of</strong> a Forged Check—H.B. 2223<br />

By Representatives Giddings and Bohac—<strong>Senate</strong> Sponsor: Senator Ellis<br />

Currently, when a check has been forged, <strong>the</strong>re is no requirement that <strong>the</strong> check be noted as a forgery, nor does<br />

current law require that electronic records pertaining to that check carry <strong>the</strong> notation “forgery” as <strong>the</strong> transaction is<br />

pending with financial institutions. It is necessary that such notation be made in order that financial institutions and<br />

check payees are alerted that <strong>the</strong> check was written and signed by someone o<strong>the</strong>r than <strong>the</strong> person whose name is<br />

on <strong>the</strong> account against which <strong>the</strong> check is drawn. This bill:<br />

Requires a financial institution to process certain returned checks as forgeries, in accordance with <strong>the</strong> financial<br />

institution's customary procedures.<br />

HIGHLIGHTS - 79 TH TEXAS LEGISLATURE 53

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