Bill Text: TX HB303 | 2011-2012 | 82nd Legislature | Introduced


Bill Title: Relating to the imposition of a fee for money transmissions sent to certain destinations outside the United States.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2011-03-14 - Left pending in committee [HB303 Detail]

Download: Texas-2011-HB303-Introduced.html
  82R369 CLG-F
 
  By: Berman H.B. No. 303
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the imposition of a fee for money transmissions sent to
  certain destinations outside the United States.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle Z, Title 3, Finance Code, is amended by
  adding Chapter 279 to read as follows:
  CHAPTER 279. MONEY TRANSMISSION FEE
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 279.001.  DEFINITIONS. In this chapter:
               (1)  "Money" or "monetary value" has the meaning
  assigned by Section 151.301.
               (2)  "Money transmission" means receiving money or
  monetary value to transmit the money or monetary value by wire,
  computer modem, facsimile, or other electronic means.
               (3)  "Money transmission business" means a person
  engaging in money transmission as a service or for profit. The term
  does not include a federally insured financial institution, as
  defined by Section 201.101.
  [Sections 279.002-279.050 reserved for expansion]
  SUBCHAPTER B. FEE ON CERTAIN MONEY TRANSMISSIONS
         Sec. 279.051.  FEE ON TRANSMISSIONS TO CERTAIN FOREIGN
  DESTINATIONS. (a) A money transmission business shall charge a fee
  on a money transmission that originates in this state and is
  transmitted to a destination in Mexico or in Central or South
  America for a personal, family, or household purpose. The amount of
  the fee is eight percent of the total amount sent by the money
  transmission.
         (b)  The money transmission business shall:
               (1)  collect the fee from the person directing or
  requesting the business to make the transmission; and
               (2)  remit the fee to the comptroller at the times and
  in the manner prescribed by the comptroller.
         (c)  The comptroller shall deposit the net revenue received
  under this section to the credit of the indigent health care support
  account under Section 64.002, Health and Safety Code.
         Sec. 279.052.  REFUND OF FEE. (a) A United States citizen
  or another person who is lawfully present in the United States is
  entitled to apply to the comptroller for a refund of a fee charged
  under Section 279.051.
         (b)  The application for the refund must:
               (1)  be made in the manner provided for a claim for
  refund under Chapter 111, Tax Code, and on the form prescribed by
  the comptroller;
               (2)  have attached a fee receipt issued by the money
  transmission business showing full payment by the applicant of the
  fee for which the refund is sought;
               (3)  be filed not later than the 90th day after the date
  the fee for which the refund is sought is paid;
               (4)  include the documentation required by Subsection
  (c) or a copy of a letter of qualification and the statement
  described by Section 279.053; and
               (5)  contain a statement signed by the applicant that
  the applicant either is a United States citizen or is not a United
  States citizen but is lawfully present in the United States.
         (c)  Except as provided by Section 279.053, a person must
  submit at least two of the following documents with an application
  for a refund under this section:
               (1)  a certified copy of the person's birth certificate
  indicating that the person is a United States citizen;
               (2)  a certified copy of a document issued by the United
  States government indicating that the person:
                     (A)  is a United States citizen; or
                     (B)  is not a United States citizen but is
  lawfully present in the United States;
               (3)  a copy of a current driver's license or personal
  identification card issued to the person by the Department of
  Public Safety or a similar document issued to the person by an
  agency of another state; or
               (4)  a copy of the person's social security card.
         Sec. 279.053.  LETTER OF QUALIFICATION. On receipt of an
  application for an initial refund under Section 279.052, the
  comptroller shall determine whether the applicant is eligible for
  and has satisfied all requirements for receipt of the refund. If
  the comptroller makes that determination, the comptroller shall,
  before paying the refund, promptly issue to the applicant a letter
  of qualification stating that the person has fully satisfied all
  requirements for receipt of a refund under this section. For any
  subsequent application for a refund filed under Section 279.052,
  the applicant, in lieu of submitting the documentation required by
  Section 279.052(c), may submit to the comptroller a copy of the
  letter of qualification and a statement that information contained
  in the documentation the applicant submitted under Section
  279.052(c) for receipt of an initial refund has not changed in any
  material respect.
         Sec. 279.054.  RULES. The comptroller shall adopt any
  necessary rules for the imposition, administration, payment,
  collection, enforcement, and refund of the fee imposed by Section
  279.051.
         SECTION 2.  Chapter 64, Health and Safety Code, is amended by
  adding Section 64.002 to read as follows:
         Sec. 64.002.  INDIGENT HEALTH CARE SUPPORT ACCOUNT. The
  indigent health care support account is an account in the general
  revenue fund. Money in the account may be appropriated only to the
  Health and Human Services Commission to provide funding for
  indigent health care and other health care services to needy
  residents of this state.
         SECTION 3.  The fees imposed under Subchapter B, Chapter
  279, Finance Code, as added by this Act, apply only to money
  transmissions that occur on or after October 1, 2011.
         SECTION 4.  Not later than October 1, 2011, the comptroller
  shall adopt rules as necessary to implement Chapter 279, Finance
  Code, as added by this Act.
         SECTION 5.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution. If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2011.
feedback