Texas Finance Code
§ 152.354 — ADDITIONAL SECURITY REQUIREMENTS
FI § 152.354Title 3. FINANCIAL INSTITUTIONS AND BUSINESSES · Part E. OTHER FINANCIAL BUSINESSES · Ch. 152. REGULATION OF MONEY SERVICES BUSINESSES · Art. H. PRUDENTIAL STANDARDS
Statute text
View on source(a)In addition to the requirements of Section 152.352 or 152.353, 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.
(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 of this code or Chapter 2001, Government Code.
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Legislative history
Acts 2025, 89th Leg., R.S., Ch. 642 (H.B. 3833), Sec. 8, eff. September 1, 2025.