Tex.
Fin. Code Section 152.354
Additional Security Requirements
(a)
In addition to the requirements of Section 152.352 (Security for Money Transmission Licensee) or 152.353 (Security for Currency Exchange Licensee), a security under this subchapter must:(1)
be in a form satisfactory to the commissioner;(2)
be payable to any claimant or to the commissioner, on behalf of a claimant or this state, for any liability arising out of a money transmission licensee’s money transmission business in this state, incurred under, subject to, or by virtue of this chapter; and(3)
if the security is a bond, be issued by a qualified surety company authorized to engage in business in this state and acceptable to the commissioner or, if the security is an irrevocable letter of credit, be issued by a financial institution acceptable to the commissioner.(b)
A claimant may bring suit directly on the security, or the commissioner may bring suit on behalf of the claimant or the state, either in one action or in successive actions.(c)
The commissioner may collect from the security or proceeds of the security any delinquent fee, assessment, cost, penalty, or other amount imposed on and owed by a money services licensee. If the security is a surety bond, the commissioner shall give the surety reasonable prior notice of a hearing to impose an administrative penalty against the money services licensee, provided that a surety may not be considered an interested, aggrieved, or affected person for purposes of an administrative proceeding under Section 152.451 (Administrative Procedures) of this code or Chapter 2001 (Administrative Procedure), Government Code.(d)
A security remains in effect until canceled, which may occur only after providing 30 days’ written notice to the commissioner. Cancellation does not affect any liability incurred or accrued during the period covered by the security.(e)
A security must cover claims for at least five years after the money services licensee surrenders the licensee’s license or otherwise ceases to engage in activities for which a license is required under this subchapter. However, the commissioner may permit the amount of the security to be reduced or eliminated before that time to the extent that the amount of the money services licensee’s obligations to the department and to purchasers in this state is reduced. The commissioner may permit a money services licensee to substitute another form of security when the licensee ceases to provide money transmission in this state.(f)
If the commissioner at any time reasonably determines that the required security is insecure, deficient in amount, or exhausted in whole or in part, the commissioner by written order shall require the money services licensee to file or make new or additional security to comply with this section.(g)
Instead of providing all or part of the amount of the security required by this section, an applicant for a money services license or a money services licensee may deposit, with a financial institution possessing trust powers that is authorized to conduct a trust business in this state and is acceptable to the commissioner, an aggregate amount of United States currency, certificates of deposit, or other cash equivalents that equals the total amount of the required security or the remaining part of the security.(h)
A deposit under Subsection (g):(1)
must be held in trust in the name of and be pledged to the commissioner;(2)
must secure the same obligations as the security; and(3)
is subject to other conditions and terms the commissioner may reasonably require.(i)
The security is considered by operation of law to be held in trust for the benefit of this state and any individual to whom an obligation arising under this chapter is owed, and may not be considered an asset or property of the money services licensee in the event of bankruptcy, receivership, or a claim against the licensee unrelated to the licensee’s obligations under this chapter.
Source:
Section 152.354 — Additional Security Requirements, https://statutes.capitol.texas.gov/Docs/FI/htm/FI.152.htm#152.354 (accessed Jun. 5, 2024).
