FINANCE CODE
SUBTITLE Z. MISCELLANEOUS PROVISIONS RELATING TO FINANCIAL
INSTITUTIONS AND BUSINESSES
CHAPTER 271. FINANCIAL TRANSACTION REPORTING REQUIREMENTS
§ 271.001. REPORTING REQUIREMENT FOR CRIMES AND
SUSPECTED CRIMES AND CURRENCY AND FOREIGN TRANSACTIONS. (a) A
financial institution that is required to file a report with
respect to a transaction in this state under the Currency and
Foreign Transactions Reporting Act (31 U.S.C. Section 5311 et
seq.), 31 C.F.R. Part 103, or 12 C.F.R. Section 21.11, and their
subsequent amendments, shall file a copy of the report with the
attorney general.
(b) A financial institution that timely files the report
described by Subsection (a) with the appropriate federal agency as
required by federal law complies with that subsection unless the
attorney general:
(1) notifies the financial institution that the report
is not of a type that is regularly and comprehensively transmitted
by the federal agency to the attorney general following the
attorney general's request to that agency;
(2) requests that the financial institution provide
the attorney general with a copy of the report; and
(3) reimburses the financial institution for the
actual cost of duplicating and delivering the report or 25 cents for
each page, whichever is less.
(c) In this section, "financial institution" has the
meaning assigned by 31 U.S.C. Section 5312 and its subsequent
amendments.
Acts 1997, 75th Leg., ch. 1008, § 1, eff. Sept. 1, 1997. Amended
by Acts 1999, 76th Leg., ch. 344, § 2.028, eff. Sept. 1, 1999.
§ 271.002. REPORTING REQUIREMENT FOR CASH RECEIPTS OF
MORE THAN $10,000. (a) A person engaged in a trade or business
who, in the course of the trade or business, receives more than
$10,000 in one transaction or in two or more related transactions in
this state and who is required to file a return under Section 6050I,
Internal Revenue Code of 1986 (26 U.S.C. Section 6050I), or 26
C.F.R. Section 1.6050I-1, and their subsequent amendments, shall
file a copy of the return with the attorney general.
(b) A person who timely files the return described by
Subsection (a) with the appropriate federal agency as required by
federal law complies with that subsection unless the attorney
general:
(1) notifies the person that the return is not of a
type that is regularly and comprehensively transmitted by the
federal agency to the attorney general; and
(2) requests that the person provide the attorney
general with a copy of the return.
Acts 1997, 75th Leg., ch. 1008, § 1, eff. Sept. 1, 1997. Amended
by Acts 1999, 76th Leg., ch. 344, § 2.029, eff. Sept. 1, 1999.
§ 271.003. USE OF REPORTED INFORMATION. The attorney
general may report a possible violation indicated by analysis of a
report or return described by this chapter or information obtained
under this chapter to an appropriate law enforcement agency for use
in the proper discharge of the agency's official duties.
Acts 1997, 75th Leg., ch. 1008, § 1, eff. Sept. 1, 1997.
§ 271.004. FAILURE TO COMPLY WITH REPORTING
REQUIREMENTS; CRIMINAL PENALTY. (a) A person commits an offense
if the person:
(1) is requested by the attorney general to submit
information required by Section 271.001 or 271.002 to the attorney
general; and
(2) knowingly fails to provide the requested
information to the attorney general before the 30th day after the
date of the request.
(b) An offense under this section is a Class A misdemeanor.
Acts 1997, 75th Leg., ch. 1008, § 1, eff. Sept. 1, 1997.
§ 271.005. SUPPRESSION OF PHYSICAL EVIDENCE; CRIMINAL
PENALTY. (a) A person commits an offense if the person knowingly
suppresses physical evidence connected with information contained
in a report or return required by this chapter through concealment,
alteration, or destruction.
(b) An offense under this section is a Class A misdemeanor.
Acts 1997, 75th Leg., ch. 1008, § 1, eff. Sept. 1, 1997.
§ 271.006. NOTIFICATION TO TARGET OF CRIMINAL
INVESTIGATION; CRIMINAL PENALTY. (a) A person commits an
offense if the person:
(1) is required to submit a report or return under this
chapter; and
(2) knowingly notifies an individual who is the target
of a criminal investigation involving an offense under Chapter 34,
Penal Code, that:
(A) the attorney general has requested the person
to provide information required by this chapter related to the
targeted individual; or
(B) the individual may be subject to impending
criminal prosecution.
(b) An offense under this section is a Class A misdemeanor.
Acts 1997, 75th Leg., ch. 1008, § 1, eff. Sept. 1, 1997.