Sec. 151.502. LICENSE REQUIRED.
(a) A person may not engage in the business of currency exchange or advertise, solicit, or hold itself out as providing currency exchange unless the person:
(1) is licensed under this subchapter;
(2) is licensed for money transmission under Subchapter D;
(3) is an authorized delegate of a person licensed for money transmission under Subchapter D;
(4) is excluded under Section 151.003; or
(5) has been granted an exemption under Subsection (d).
(b) For purposes of this chapter, a person engages in the business of currency exchange if the person exchanges currency and receives compensation or expects to receive compensation, directly or indirectly, for the currency exchange.
(c) A license holder may engage in the currency exchange business at one or more locations in this state owned, directly or indirectly by the license holder, under a single license.
(d) On application and a finding that the exemption is in the public interest, the commissioner may exempt a retailer, wholesaler, or service provider that in the ordinary course of business accepts currency of a foreign country or government as payment for goods or services, provided that a person is not eligible for the exemption if:
(1) the value of the goods or services purchased in a single transaction exceeds $10,000;
(2) the change given or made as a result of the transaction exceeds $100;
(3) an attempt is made to structure a transaction in a manner that evades the licensing requirements of this subchapter or avoids using a business licensed under this chapter;
(4) the person is engaged in the business of cashing checks, drafts, or other payment instruments for consideration and is not otherwise exempt from licensing under this chapter; or
(5) the person would not be eligible for a license under this chapter.
(e) In accordance with the investigation provisions of this chapter, the commissioner may examine a person to verify the person's exempt status under Subsection (d).
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. 8, eff. June 19, 2015.
Acts 2019, 86th Leg., R.S., Ch. 198 (H.B. 2458), Sec. 7, eff. May 24, 2019.
Structure Texas Statutes
Title 3 - Financial Institutions and Businesses
Subtitle E - Other Financial Businesses
Chapter 151 - Regulation of Money Services Businesses
Subchapter F. Currency Exchange License
Section 151.502. License Required
Section 151.503. Qualifications
Section 151.504. Application and Accompanying Fee and Security