HB 4233 proposes changes to the regulatory framework for digital asset service providers under the Texas Finance Code. The bill primarily amends Section 160.004(c), removing a previous requirement that mandated digital asset service providers to grant auditors continuous access to pseudonymized financial data concerning customer liabilities and custodial holdings. Instead, the bill retains only the obligation for providers to furnish quarterly accounting statements directly to each customer, detailing the customer’s digital assets held in custody and any outstanding liabilities.
Additionally, the bill revises Section 160.005(a), clarifying that digital asset service providers must meet the requirements of Chapter 160 in order to obtain and maintain a money transmission license under Subchapter C, Chapter 152 (previously cited as Subchapter D, Chapter 151). This section appears to be a cleanup measure, updating cross-references to reflect changes in statute structure and administrative licensing processes.
Critically, HB 4233 repeals subsections (d), (e), and (f) of Section 160.004, which had required digital asset service providers to submit periodic reports on the ratio of digital asset reserves to liabilities, verified by independent auditing. These repealed provisions were originally intended to ensure transparency and bolster consumer confidence in the solvency of digital custodians.
Overall, HB 4233 reflects a deregulatory approach to oversight of digital asset custodians in Texas, eliminating external audit access and formal reporting requirements, while preserving limited consumer-facing disclosures.