Sec. 151.105. REGULATORY COOPERATION. (a) To efficiently and effectively administer and enforce this chapter and to minimize regulatory burden, the commissioner may cooperate, coordinate, and share information with another state, federal, or foreign governmental agency that:
(1) regulates or supervises persons engaged in money services businesses or activities subject to this chapter; or
(2) is authorized to investigate or prosecute violations of a state, federal, or foreign law related to persons engaged in money services businesses or activities subject to this chapter, including a state attorney general's office.
(b) The commissioner, with respect to an agency described by and for the purposes set forth in Subsection (a), may:
(1) enter into a written cooperation, coordination, or information-sharing contract or agreement with the agency;
(2) share information with the agency, subject to the confidentiality provisions of Section 151.606(b)(3);
(3) conduct a joint or concurrent on-site examination or other investigation or enforcement action with the agency;
(4) accept a report of examination or investigation by, or a report submitted to, the agency, in which event the accepted report is an official report of the commissioner for all purposes;
(5) engage the services of the agency to assist the commissioner in performing or discharging a duty or responsibility imposed by this chapter or other law and pay a reasonable fee for the services;
(6) share with the agency any supervisory or examination fees assessed against a license holder or authorized delegate under this chapter and receive a portion of supervisory or examination fees assessed by the agency against a license holder or authorized delegate; and
(7) take other action as the commissioner considers reasonably necessary or appropriate to carry out and achieve the purposes of this chapter.
(b-1) To efficiently and effectively administer and enforce this chapter and to minimize regulatory burden, the commissioner may cooperate, coordinate, and share information with an organization the membership of which is made up of state or federal governmental agencies described by Subsection (a). The commissioner may:
(1) enter into a written cooperation, coordination, or information-sharing contract or agreement with the organization; and
(2) share information, provided that the organization agrees in writing to maintain the confidentiality and security of the shared information.
(c) The commissioner may not waive, and nothing in this section constitutes a waiver of, the commissioner's authority to conduct an examination or investigation or otherwise take independent action authorized by this chapter or a rule adopted or order issued under this chapter to enforce compliance with applicable state or federal law.
(d) A joint examination or investigation, or acceptance of an examination or investigation report, does not waive an examination assessment provided for in this chapter.
(e) Chapter 2254, Government Code, does not apply to a contract or agreement entered into under this section.
Added by Acts 2005, 79th Leg., Ch. 1099 (H.B. 2218), Sec. 1, eff. September 1, 2005.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 988 (H.B. 2134), Sec. 3, eff. September 1, 2013.
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