By Jones of Dallas H.B. No. 2544
74R3643 DWS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to notice of an application for a pawnshop license.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. The Texas Pawnshop Act (Article 5069-51.01 et
1-5 seq., Vernon's Texas Civil Statutes) is amended by adding Section
1-6 3B to read as follows:
1-7 Sec. 3B. NOTICE OF APPLICATION. (a) Before submitting an
1-8 application for a pawnshop license or to change the location of a
1-9 pawnshop, the applicant shall mail notice of the application to
1-10 each owner of property located within 500 feet of the boundary of
1-11 the property on which the pawnshop is to be located. For the
1-12 purposes of this section, the property on which a pawnshop is to be
1-13 located includes the property occupied by any other business in the
1-14 same shopping center with the pawnshop and any parking lot of the
1-15 pawnshop or shopping center.
1-16 (b) The notice must state:
1-17 (1) the names and addresses of the persons that are
1-18 required to be listed in the license application under Subsection
1-19 (a) of Section 4 of this Act;
1-20 (2) the street address of the proposed location of the
1-21 pawnshop; and
1-22 (3) that any person may request the Consumer Credit
1-23 Commissioner to hold a public hearing on the application.
1-24 (c) The Commissioner may not accept an application that is
2-1 not accompanied by an affidavit stating that notice was mailed as
2-2 required by this section.
2-3 SECTION 2. Section 3B, Texas Pawnshop Act (Article
2-4 5069-51.03B, Vernon's Texas Civil Statutes), as added by this Act,
2-5 applies only to an application for a pawnshop license or for the
2-6 change of location of a pawnshop submitted on or after the
2-7 effective date of this Act.
2-8 SECTION 3. This Act takes effect September 1, 1995.
2-9 SECTION 4. The importance of this legislation and the
2-10 crowded condition of the calendars in both houses create an
2-11 emergency and an imperative public necessity that the
2-12 constitutional rule requiring bills to be read on three several
2-13 days in each house be suspended, and this rule is hereby suspended.
2-14 COMMITTEE AMENDMENT NO. 1
2-15 Amend House Bill 2544 by inserting the following SECTION
2-16 after SECTION 1 on page 2 between lines 2 and 3, and renumber the
2-17 subsequent sections appropriately
2-18 SECTION 2. The Texas Pawnshop Act (Article 5069-51.05(a) et
2-19 seq., Vernon's Texas Civil Statutes) is amended as follows:
2-20 (a) When an application and the required fees are received,
2-21 the Commissioner shall investigate the facts and shall notify the
2-22 Department of Public Safety and all local law enforcement agencies
2-23 in the county in which the business is to be conducted that the
2-24 application has been filed. In the notice, the Commissioner shall
2-25 state the names and addresses of the persons that are required to
2-26 be listed on the license application under Subsection (a) of
2-27 Section 4 of this Act. The Commissioner shall give those law
3-1 enforcement agencies a reasonable time to respond with information
3-2 concerning those persons or with any other relevant information.
3-3 The Commissioner shall give notice of the application to each
3-4 pawnshop licensee in the county in which the pawnshop is to be
3-5 located and shall give any pawnshop licensee that would be affected
3-6 by the granting of the proposed application or a person who
3-7 receives notice under Section 3B of this Chapter an opportunity to
3-8 appear, present evidence, and be heard for or against the
3-9 application at a public hearing held in accordance with Subsection
3-10 (b) of this section.
3-11 Giddings