Sec. 12.004.  CONTROL OF VIRTUAL CURRENCY.  (a) A person has control of a virtual currency if the following conditions are met:
(1)  the virtual currency or the system in which the virtual currency is recorded, if any, gives the person:
(A)  the power to derive substantially all the benefit from the virtual currency;
(B)  subject to Subsection (b), the exclusive power to prevent others from deriving substantially all the benefit from the virtual currency; and
(C)  subject to Subsection (b), the exclusive power to transfer control of the virtual currency to another person or cause another person to obtain control of a virtual currency that derives from the virtual currency; and
(2)  the virtual currency, a record attached to or logically associated with the virtual currency, or the system in which the virtual currency is recorded, if any, enables the person to readily identify the person as having the powers specified in Subdivision (1).
(b)  A power specified in Subsection (a)(1)(B) or (C) can be exclusive, even if:
(1)  the virtual currency or the system in which the  virtual currency is recorded, if any, limits the use to which the virtual currency may be put or has protocols that are programmed to result in a transfer of control; and
(2)  the person has agreed to share the power with another person.
(c)  For the purposes of Subsection (a)(2), a person may be identified in any way, including by name, identifying number, cryptographic key, office, or account number.
Added by Acts 2021, 87th Leg., R.S., Ch. 739 (H.B. 4474), Sec. 9, eff. September 1, 2021.