Relating to the regulation of money services businesses.
CriticalImmediate action required
Medium Cost
Effective:2025-06-20
Enforcing Agencies
Texas Department of Banking
01
Compliance Analysis
Key implementation requirements and action items for compliance with this legislation
Implementation Timeline
Effective Date:June 20, 2025 (Immediate effect due to supermajority vote).
Compliance Deadline:
Vetting: Immediate. Any "Key Individual" designated or hired from today forward must meet the new background check standards.
Financial Reporting: The first annual report due after June 20, 2025, must adhere to GAAP standards (due 90 days post-fiscal year).
Agency Rulemaking: The Texas Department of Banking (DOB) must prescribe qualifications for "third-party custodians" holding stablecoin reserves. Until these rules are published, a regulatory gray zone exists regarding which custodians are compliant.
Immediate Action Plan
1.HR Audit: Immediately order credit reports and litigation checks for all current leadership to identify potential red flags before the next DOB exam.
2.Accounting Conversion: Currency Exchange licensees must contact external accountants today to initiate the migration to GAAP financial statements.
3.Custody Review: If holding stablecoins, verify your custodian is a chartered trust company or bank; avoid unregulated offshore custodians until rulemaking is finalized.
4.Insurance Review: Check Directors & Officers (D&O) policies for coverage regarding regulatory investigations triggered by executive background issues.
Operational Changes Required
Contracts
Employment Agreements: Amend executive contracts to require immediate disclosure of any civil litigation involving fraud, fiduciary breach, or mismanagement. This protects the company’s license if a "Key Individual" becomes a liability.
Custodial Agreements: If holding stablecoins as permissible investments, review contracts with third-party custodians. You must ensure they meet the forthcoming Commissioner-approved qualifications.
M&A Purchase Agreements: For acquisitions of existing licensees, draft agreements to include an attestation that the buyer will not make "material changes" to the business plan. This triggers a streamlined regulatory approval process (Section 152.152).
Hiring/Training
Background Check Protocols: Update HR workflows immediately. Standard criminal background checks are no longer sufficient. You must now procure independent credit reports and litigation history for all "Key Individuals" (formerly principals).
Role Definitions: Re-evaluate organizational charts. The shift from "Principal" to "Key Individual" may expand the scope of vetted employees to include regional compliance officers or managers with significant control over funds.
Reporting & Record-Keeping
Currency Exchange Accounting: Licensees must transition from tax-basis or cash-basis accounting to United States Generally Accepted Accounting Principles (GAAP).
Key Individual Dossiers: Maintain a specific compliance file for every Key Individual containing their fingerprints, credit report, and litigation history attestation for DOB examination.
Stablecoin Reserves: If using stablecoins for permissible investments, document proof of "direct" custody or a valid contract with a qualified third-party custodian.
Fees & Costs
Audit Fees: Currency Exchange licensees not currently using GAAP will face significant one-time and recurring costs to convert financial systems and engage external auditors.
Vetting Costs: Incremental increase in recruitment costs due to mandated credit reporting and deeper investigatory requirements.
Strategic Ambiguities & Considerations
"Key Individual" Scope: The statute does not explicitly define the lower bounds of a "Key Individual." Until the DOB issues clarification, the agency may interpret this broadly to include non-executive staff with access to critical systems.
Custodian Qualifications: The law permits third-party custody of stablecoins but relies on future rulemaking to define *who* qualifies as a custodian. Using a non-bank crypto custodian presents a compliance risk until the DOB publishes the specific criteria.
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The 88th Texas Legislature passed S.B. 895, which repealed and replaced Chapter 151 of the Texas Finance Code with Chapter 152, also known as the Money Services Modernization Act, as part of a multi-state effort to adopt a modernized money services model law. C.S.H.B. 3833 makes certain revisions to that act as requested by the Texas Department of Banking to clarify statutory language.
CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
C.S.H.B. 3833 amends the Finance Code to make changes to the Money Services Modernization Act as follows:
·revises the statutory provision requiring a money services license applicant that is an individual who is in control of a money services licensee or applicant, who seeks to acquire control of a money services licensee, or who is a key individual to provide additional information to the banking commissioner of Texas or the commissioner's designee, which must include the individual's fingerprints with certain exceptions and specified background information, by doing the following:
omaking the requirement applicable to all such individuals, instead of just license applicants as under current law;
oclarifying that the type of key individual required to provide the applicable information is a key individual of a money services licensee or applicant; and
omaking the fingerprint and background information specified under current law the only type of additional information the individual is required to provide under this statutory provision;
·removes a requirement for an applicant for a currency exchange license to demonstrate that it meets or will meet the requirements of the act relating to the maintenance of permissible investments by a money transmission licensee;
·makes a requirement for the principal of a money services license that has expired or been surrendered that wishes to conduct activities for which such a license is required to file a new license application and satisfy all requirements for licensure that apply at the time the new application is filed applicable instead to a key individual of such a license;
·makes the following changes to the conditions under which the act's requirements relating to the acquisition of control of a money services licensee are inapplicable to a person who has complied with and received approval to engage in money services or was identified as a person in control in a previous application approved by the commissioner or by an applicable state agency for money transmission licensing and supervision under a multistate licensing process:
oremoves the condition that the person acquiring control is the same type of licensee as the person to be acquired; and
omakes the condition that the person acquiring control is projected to meet certain financial requirements applicable to the type of licensee being acquired after the acquisition of control is completed applicable only if that person is the same type of licensee;
·requires the financial statement that a currency exchange licensee must annually file with the commissioner to be prepared in accordance with United States generally accepted accounting principles;
·clarifies a statutory reference in the requirement for the requisite amount of tangible net worth to be demonstrated at the initial application for a money transmission license by the applicant's most recent audited or unaudited financial statements provided with the application;
·specifies that the security a currency exchange licensee is required to maintain consists of a surety bond in a form satisfactory to the commissioner but authorizes the licensee, with the commissioner's approval, to maintain a deposit in lieu of such a bond, thereby aligning the type of security required for such a license with that required for a money transmission license;
·accordingly removes a provision requiring a security that is an irrevocable letter of credit to be issued by a financial institution acceptable to the commissioner;
·conditions an authorization for an applicant for a money services license or a money services licensee, instead of providing all or part of the requisite amount of security, to deposit with an applicable financial institution an aggregate amount of U.S. currency, certificates of deposit, or other cash equivalents that equals the total amount of the required security or the remaining part of the security on the applicant or licensee having the commissioner's prior approval to do so;
·does the following with respect to permissible investments by a money transmission licensee:
ospecifies that the demand deposits and savings deposits that are included as permissible cash investments are deposits held in a federally insured depository financial institution; and
ofor purposes of the inclusion of stablecoin as a permissible investment to the extent of outstanding transmission obligations received by the licensee in the same kind of stablecoin, requires stablecoin to be held, stored, or kept in custody of the licensee directly or by a third-party custodian that meets the qualifications prescribed by the commissioner; and
·replaces references to a principal or responsible person of a licensee or authorized delegate, as applicable, with references to a key individual of a licensee or authorized delegate in the act's provisions governing the following:
othe suspension and revocation of a money services license;
othe suspension and revocation of an authorized delegate designation;
ocease and desist orders for a money services licensee or authorized delegate; and
orequirements and notice and hearing procedures for emergency orders.
EFFECTIVE DATE
September 1, 2025.
COMPARISON OF INTRODUCED AND SUBSTITUTE
While C.S.H.B. 3833 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.
Both the introduced and the substitute revise the list of individuals connected to a money services licensee or applicant who are required to provide additional information to the commissioner, including specified fingerprint and background information. However, the substitute also limits the type of information the individual must provide to the information specifically described in current law, whereas the introduced did not.
Honorable Stan Lambert, Chair, House Committee on Pensions, Investments & Financial Services
FROM:
Jerry McGinty, Director, Legislative Budget Board
IN RE:
HB3833 by Lambert (Relating to the regulation of money services businesses.), As Introduced
No significant fiscal implication to the State is anticipated.
The Department of Banking is a self-directed, semi-independent agency that is responsible for its costs of operations, prohibited from causing the General Revenue Fund to incur any cost, and not subject to the legislative budgeting process. It is assumed that any costs associated with the bill for the Office of Attorney General could be absorbed using existing resources.
Local Government Impact
No significant fiscal implication to units of local government is anticipated.
Source Agencies: b > td >
302 Office of the Attorney General, 451 Department of Banking
LBB Staff: b > td >
JMc, FV, GDZ, KSi
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HB3833 is effective immediately (June 20, 2025), fundamentally altering the vetting process for Texas Money Services Business (MSB) leadership and modernizing investment reserve standards. The law replaces "principals" with "Key Individuals," mandating credit reports and deeper background checks for all control persons, while simultaneously requiring Currency Exchange licensees to adopt GAAP accounting standards. Failure to align executive vetting with these new standards grants the Banking Commissioner broad authority to revoke corporate licenses.
Q
Who authored HB3833?
HB3833 was authored by Texas Representative Stan Lambert during the Regular Session.
Q
When was HB3833 signed into law?
HB3833 was signed into law by Governor Greg Abbott on June 20, 2025.
Q
Which agencies enforce HB3833?
HB3833 is enforced by Texas Department of Banking.
Q
How urgent is compliance with HB3833?
The compliance urgency for HB3833 is rated as "critical". Businesses and organizations should review the requirements and timeline to ensure timely compliance.
Q
What is the cost impact of HB3833?
The cost impact of HB3833 is estimated as "medium". This may vary based on industry and implementation requirements.
Q
What topics does HB3833 address?
HB3833 addresses topics including business & commerce, business & commerce--general, financial, financial--banks and financial--general.
Legislative data provided by LegiScanLast updated: November 25, 2025
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