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.