Sec. 151.302. LICENSE REQUIRED.
Text of subsection as amended by Acts 2015, 84th Leg., R.S., Ch. 1000 (H.B. 483), Sec. 7
(a) A person may not engage in the business of money transmission or advertise, solicit, or hold itself out as a person that engages in the business of money transmission unless the person:
(1) is licensed under this subchapter;
(2) is an authorized delegate of a person licensed under this subchapter, appointed by the license holder in accordance with Section 151.402;
(3) is excluded from licensure under Section 151.003;
(4) is licensed as a depository agent under Subchapter J and only engages in the business of money transmission in connection with, and to the extent necessary for, the performance of depository agent activities; or
(5) has been granted an exemption under Subsection (c).
Text of subsection as amended by Acts 2015, 84th Leg., R.S., Ch. 75 (S.B. 899), Sec. 2
(a) A person may not engage in the business of money transmission in this state or advertise, solicit, or represent that the person engages in the business of money transmission in this state unless the person:
(1) is licensed under this subchapter;
(2) is an authorized delegate of a person licensed under this subchapter, appointed by the license holder in accordance with Section 151.402;
(3) is excluded from licensure under Section 151.003; or
(4) has been granted an exemption under Subsection (c).
(b) For purposes of this chapter, a person engages in the business of money transmission if the person receives compensation or expects to receive compensation, directly or indirectly, for conducting money transmission.
(c) On application and a finding that the exemption is in the public interest, the commissioner may exempt a person that:
(1) incidentally engages in the money transmission business only to the extent reasonable and necessary to accomplish a primary business objective unrelated to the money transmission business;
(2) does not advertise or offer money transmission services to the public except to the extent reasonable and necessary to fairly advertise or offer the person's primary business services; and
(3) either transmits money exclusively in connection with commercial contracts in interstate commerce or does not charge a fee to transmit money or transmits money without a fee as an inducement for customer participation in the person's primary business.
(d) A license holder may engage in the money transmission business at one or more locations in this state owned, directly or indirectly by the license holder, or through one or more authorized delegates, or both, under a single license granted to the license holder.
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. 75 (S.B. 899), Sec. 2, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1000 (H.B. 483), Sec. 7, eff. June 19, 2015.
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