Texas Law Legal Clarity Bitcoin

State lawmakers in Austin, Texas have achieved a milestone in bitcoin regulation as the state Senate passed House Bill 4474 this morning. The “Virtual Currency Bill” is now on its way to Governor Greg Abbott’s desk to be signed into law. Advocates of the bill expect swift action from the governor, who tweeted this March, “Count me in as a crypto law proposal supporter. It is increasingly being used for transactions and is beginning to go mainstream as an investment. Texas should lead on this.”

The new law creates much-needed legal clarity for Texas companies involved with bitcoin and digital assets. H.B 4474 amends Texas’s Uniform Commercial Code to include a definition of “virtual currency” and ensures that key business laws apply to cryptocurrencies. In an article for the National Law Review, Daryl Roberston and Patrick Boot write, “The Virtual Currency Bill…provides a clear and concise framework for establishing ‘control’ over virtual currency…and clarifies that control can be established regardless of whether the power to control is shared with another person, a critical element in order for banks and other non-bank financial institutions to effectively provide custody services for virtual currencies.” Robertson and Boot further note/state that “the surgical approach taken by the Bill’s drafters…is a prudent step for a state like Texas…and provides the proper balance to allow the industry to continue maturing while leaving adequate room for additional regulatory changes in the future.”