By Price H.B. No. 2045 74R2477 CLG-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the remote electronic inspection of business documents 1-3 in the custody of certain pawnshops. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Section 8(a), Texas Pawnshop Act (Article 1-6 5069-51.08, Vernon's Texas Civil Statutes), is amended to read as 1-7 follows: 1-8 (a) At such times as the Commissioner may deem necessary, 1-9 the Commissioner, or his duly authorized representative, may make 1-10 an examination of the place of business of each licensee, may 1-11 inquire into and examine the transactions, books, accounts, papers, 1-12 correspondence and records of such licensee insofar as they pertain 1-13 to the business regulated by this Act, and may examine or inspect 1-14 pledged goods and purchased goods required to be identified under 1-15 Section 16(9) of this Act. Such books, accounts, papers, 1-16 correspondence and records shall also be open for inspection at any 1-17 reasonable time by any peace officer, without need of judicial writ 1-18 or other process. A peace officer, without a judicial writ or 1-19 other process, may for inspection purposes remotely electronically 1-20 access a book, account, paper, correspondence, or record of the 1-21 licensee described by this subsection if the licensee maintains 1-22 that document in an electronic form and the licensee has equipment 1-23 that allows the peace officer to remotely electronically access the 1-24 document. In the course of an examination, the Commissioner or his 2-1 duly authorized representative shall have free access to the 2-2 office, place of business, files, safes, and vaults of such 2-3 licensee, and shall have the right to make copies of any books, 2-4 accounts, papers, correspondence and records. The Commissioner or 2-5 his duly authorized representative may, during the course of such 2-6 examination, administer oaths and examine any person under oath 2-7 upon any subject pertinent to any matter about which the 2-8 Commissioner is authorized or required by this Act to consider, 2-9 investigate, or secure information. Any licensee who fails or 2-10 refuses to let the Commissioner or his duly authorized 2-11 representative or any peace officer examine or make copies of such 2-12 books, or other relevant documents, or who fails or refuses to 2-13 allow an examination or inspection of pledged goods and purchased 2-14 goods required to be identified under Section 16(9) of this Act by 2-15 the Commissioner or his duly authorized representative, shall 2-16 thereby be deemed in violation of this Act and such failure or 2-17 refusal shall constitute grounds for the suspension or revocation 2-18 of such license. The information obtained in the course of any 2-19 examination or inspection shall be confidential and privileged, 2-20 except for lawful use by the Commissioner, or in a criminal 2-21 investigation or prosecution. Each licensee shall pay to the 2-22 Commissioner an amount assessed by the Commissioner to cover the 2-23 direct and indirect cost of such examinations and a proportionate 2-24 share of general administrative expense. 2-25 SECTION 2. The importance of this legislation and the 2-26 crowded condition of the calendars in both houses create an 2-27 emergency and an imperative public necessity that the 3-1 constitutional rule requiring bills to be read on three several 3-2 days in each house be suspended, and this rule is hereby suspended, 3-3 and that this Act take effect and be in force from and after its 3-4 passage, and it is so enacted.