| (I) an identifying number for your customer and, if
applicable, the person on whose behalf your customer is conducting
the transaction;
(II) a photograph identification of your customer;
(III) the identity of the issuer of the photograph
identification; and
(IV) the sender's name;
(ii) your customer's date of birth;
(iii) your customer's telephone number, or, if your
customer has no telephone, a notation in the record of that fact;
(iv) the time of day your customer receives payment
of the transmitted funds;
(v) the location of the office where your customer
receives payment of the transmitted funds;
(vi) the method of payment (e.g., cash, check); and
(vii) the unique number of the receipt required under §33.37
of this title (relating to Money Transmission Receipts).
(D) for a transaction where the transmission proceeds
are delivered to the designated recipient other than in person:
(i) the customer and transaction records required under
31 CFR §1010.410(e)(1)(iii) and (e)(3)(ii);
(ii) the sender's name;
(iii) the location of the office where the transmitted
funds are received; and
(iv) the unique number of the receipt required under §33.37
of this title (relating to Money Transmission Receipts).
(6) With respect to a transmission transaction in an
amount less than $3,000, whether your customer is the sender or the
recipient, you must keep a record for each transaction that contains:
(A) the date of the transaction and time of day your
customer orders the transmission or receives payment of the transmitted
funds;
(B) the location of the office where the transaction
is conducted;
(C) the amount of the transmission;
(D) the amount of any fee charged for the transaction;
(E) the names of the sender and recipient; and
(F) the unique number of the receipt required under §33.37
of this title (relating to Money Transmission Receipts).
(f) What records must I keep related to currency transportation?
(1) This subsection applies to a transaction in which
you, as a license holder or the authorized delegate of a license holder,
receive currency or an instrument payable in currency to physically
transport the currency or its equivalent from one location to another
by motor vehicle or other means of transportation or through the use
of the mail or a shipping, courier or other delivery services.
(2) With respect to a transaction subject to paragraphs
(3) or (4) of this subsection, you must ask your customer whether
the customer is conducting the transaction on the customer's own behalf
or on behalf of another person (individual or business.) If your customer
is conducting the transaction on behalf of another person, you must
obtain and record, in addition to the information required under paragraphs
(3) or (4) of this subsection, the name and address of the other person
together with appropriate identification for the other person, such
as taxpayer identification, passport, or alien registration number.
(3) With respect to a transportation transaction in
an amount of $3,000 or more in which your customer is the sender and
orders the transportation of the currency on the customer's own behalf
or on behalf of another person, you must keep a record for each transaction
that contains:
(A) your customer's name, address, date of birth and
telephone number or, if your customer has no telephone, a notation
in the record of that fact;
(B) your customer's taxpayer identification number
(e.g., social security number, employee identification number) or
passport number or, if your customer does not have such a number and
is an alien, then the number of an alien identification card or other
official document evidencing your customer's foreign nationality or
residence, such as a foreign driver's license or foreign voter registration
card;
(C) the specific identifying information (number, type,
issuer) of a document that contains the name and a photograph of your
customer and that is customarily acceptable within the banking community
as a means of identification when cashing checks for nondepositors;
(D) the designated recipient's name;
(E) the designated recipient's address and telephone
number to the extent that information is available to you after reasonable
inquiry;
(F) the amount of currency or instrument(s) to be transported
and, if an instrument, the type of instrument (e.g., money order,
check);
(G) the date and time of day you receive from your
customer the currency or instrument(s) to be transported;
(H) the location of the office where the transaction
is conducted;
(I) the amount of any fee charged for the transaction;
and
(J) the unique number of the receipt required under §33.37
of this title (relating to Money Transmission Receipts).
(4) With respect to a transportation transaction in
an amount of $3,000 or more in which your customer receives the transported
currency as the designated recipient or on behalf of the designated
recipient, you must keep a record for each transaction that contains:
(A) your customer's name, address, date of birth and
telephone number or, if your customer has no telephone, a notation
in the record of that fact;
(B) your customer's taxpayer identification number
(e.g., social security number, employee identification number) or
passport number or, if your customer does not have such a number and
is an alien, then the number of an alien identification card or other
official document evidencing your customer's foreign nationality or
residence, such as a foreign driver's license or foreign voter registration
card;
(C) the specific identifying information (number, type,
issuer) of a document that contains the name and a photograph of your
customer and that is customarily acceptable within the banking community
as a means of identification when cashing checks for nondepositors;
(D) the sender's name;
(E) the sender's address and telephone number to the
extent that information is available to you after reasonable inquiry;
(F) the amount of currency or instrument(s) to be delivered
to your customer and, if an instrument, the type of instrument (e.g.,
money order, check);
(G) the date and time of day your customer receives
the transported currency or instrument(s);
(H) the location of the office where the transported
currency or instrument(s) is delivered to your customer; and
(I) the unique number of the receipt required under §33.37
of this title (relating to Money Transmission Receipts).
(5) With respect to a transportation transaction in
an amount less than $3,000, whether your customer is the sender or
the recipient, you must keep a record for each transaction that contains:
(A) the date and time of day you receive from your
customer the currency or instrument(s) to be transported or your customer
receives the transported currency or instrument(s), as applicable;
(B) the location of the office where the transaction
is conducted;
(C) the amount of the currency or instrument(s) transported;
(D) the amount of any fee charged for the transaction;
(E) the names of the sender and recipient; and
(F) the unique number of the receipt required under §33.37
of this title (relating to Money Transmission Receipts).
(g) May I obtain a waiver of the recordkeeping requirements?
The commissioner may waive any requirement of this section upon a
showing of good cause if the commissioner determines that:
(1) you maintain records sufficient for the department
to examine your money transmission business; and
(2) the imposition of the requirement would cause an
undue burden on you and conformity with the requirement would not
significantly advance the state's interest under Finance Code, Chapter
152.
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| Source Note: The provisions of this §33.35 adopted to be effective August 31, 2006, 31 TexReg 6643; amended to be effective July 8, 2010, 35 TexReg 5805; amended to be effective May 5, 2011, 36 TexReg 2724; amended to be effective July 5, 2018, 43 TexReg 4452; amended to be effective January 3, 2019, 43 TexReg 8584; amended to be effective November 16, 2023, 48 TexReg 6584 |
