89th Legislature

SB 1499

Overall Vote Recommendation
Vote No; Amend
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest

SB 1499 revises the Financial Crimes Intelligence Center (FCIC) by transferring its governance from the Occupations Code (Chapter 2312) to the Government Code (Chapter 426). The bill updates definitions related to financial fraud, including card fraud, check fraud, electronic fund transfer fraud, and payment fraud, and expands the role of the Texas Department of Licensing and Regulation (TDLR) in overseeing financial crime enforcement. Additionally, the bill mandates that the Texas Commission of Licensing and Regulation establish rules for detecting and preventing financial fraud.

The legislation enhances fraud prevention efforts by providing clear legal definitions of payment fraud schemes and reinforcing enforcement tools for state authorities. It also addresses emerging threats such as "skimmers," which are devices used to intercept financial data illegally. The FCIC's role is expanded to analyze financial crime patterns and support law enforcement efforts, helping businesses and individuals protect themselves from fraudulent activity.

Author
Robert Nichols
Co-Author
Borris Miles
Tan Parker
Sponsor
Mary Perez
Fiscal Notes

According to the Legislative Budget Board (LBB), SB 1499 is not expected to have a significant fiscal impact on the state. The bill primarily involves administrative changes to the Financial Crimes Intelligence Center (FCIC) by transferring it from the Occupations Code to the Government Code and expanding its oversight responsibilities under the Texas Department of Licensing and Regulation (TDLR). The assumption is that any additional costs related to these changes can be absorbed within existing agency resources, meaning no new funding allocations or increases in state expenditures are anticipated.

Additionally, local governments are not expected to face any financial burdens due to the bill's provisions. Since enforcement and regulatory functions remain within the state-level FCIC and TDLR, local law enforcement agencies and municipal governments will not require additional funding or personnel to comply with the bill. Overall, SB 1499 is designed to enhance financial crime detection and enforcement without imposing new costs on state or local budgets.

Vote Recommendation Notes

SB 1499 seeks to expand the mission of the Financial Crimes Intelligence Center (FCIC) beyond its original focus on card fraud at gas pumps to include payment fraud, check fraud, unauthorized electronic fund transfers, and other fraudulent schemes. The bill transfers the FCIC from the Occupations Code to the Government Code, further integrating it into state regulatory oversight under the Texas Department of Licensing and Regulation (TDLR). The expansion enables the FCIC to collaborate with law enforcement, financial institutions, and businesses to combat financial crime more effectively.

While the bill strengthens fraud prevention and enhances coordination between agencies, it also raises concerns about government oversight, privacy, and regulatory overreach. The broad definitions of financial crimes and expanded monitoring powers could potentially increase state surveillance on financial transactions, affecting both individual liberties and free enterprise. Additionally, the bill does not include clear limitations on enforcement mechanisms or explicit safeguards against undue regulatory burdens on businesses.

Given these considerations, amendments are necessary to clarify due process protections, ensure oversight limitations, and protect businesses from unintended compliance risks. A sunset review provision should also be added to periodically assess the FCIC's effectiveness and prevent regulatory overreach. As such, Texas Policy Research recommends that lawmakers vote NO on SB 1499 unless amended to effectively balance fraud enforcement with individual liberty and limited government principles.

Related Legislation
View Bill Text and Status