By: West S.B. No. 132
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the granting of pawnshop licenses and to public
1-2 notification of an application for a pawnshop license in certain
1-3 counties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. The Texas Pawnshop Act (Article 5069-51.01 et
1-6 seq., Vernon's Texas Civil Statutes) is amended by adding Sections
1-7 4A, 4B, and 4C to read as follows:
1-8 Sec. 4A. APPLICANT TO PUBLISH NOTICE. (a) Every applicant
1-9 for a pawnshop license for a location in a county with a population
1-10 of 1.5 million or more shall give notice of the application by
1-11 publication at his own expense in two consecutive issues of a
1-12 newspaper of general circulation published in the city or town in
1-13 which his place of business is located. If no newspaper is
1-14 published in the city or town, the notice shall be published in a
1-15 newspaper of general circulation published in the county where the
1-16 applicant's business is located. If no newspaper is published in
1-17 the county, the notice shall be published in a qualified newspaper
1-18 published in the closest neighboring county and circulated in the
1-19 county of the applicant's residence.
1-20 (b) The notice shall be printed in 10-point boldface type
1-21 and shall include:
1-22 (1) the exact location of the place of business for
1-23 which the pawnshop license is sought;
2-1 (2) the full name of the applicant and, if the
2-2 applicant is a partnership, the full name of each member; and
2-3 (3) if the applicant is a corporation, the full name
2-4 and title of each officer.
2-5 Sec. 4B. NOTICE BY SIGN. (a) An applicant for a pawnshop
2-6 license for a location in a county with a population of 1.5 million
2-7 or more not previously licensed shall, at his own expense,
2-8 prominently post an outdoor sign at the location stating that a
2-9 pawnshop is intended to be operated on the premises and the name
2-10 and business address of the applicant.
2-11 (b) The sign shall be written in a manner and of a size the
2-12 Commissioner considers adequate to inform the general public of the
2-13 intended use of the property. The Commissioner may require the
2-14 sign to be both in English and a language other than English if it
2-15 is likely that a substantial number of the residents in the area
2-16 speak a language other than English as their familiar language.
2-17 (c) An application may not be denied for failing to post the
2-18 notice required by this section if the Commissioner determines that
2-19 the general public in the area in which the premises to be licensed
2-20 are located is adequately aware of the nature of the application.
2-21 Sec. 4C. NOTICE TO PUBLIC OFFICIALS. The Commissioner shall
2-22 give notice of all pawnshop license applications for locations in
2-23 counties with a population of 1.5 million or more to:
2-24 (1) the county judge of the county in which the
2-25 applicant's place of business is located;
3-1 (2) the mayor or other presiding officer of the
3-2 governing body of the municipality in which the applicant's place
3-3 of business is located if located in a municipality;
3-4 (3) the state representative in whose district the
3-5 applicant's place of business is located; and
3-6 (4) the state senator in whose district the
3-7 applicant's place of business is located.
3-8 SECTION 2. Section 5, Texas Pawnshop Act (Article
3-9 5069-51.05, Vernon's Texas Civil Statutes), is amended by amending
3-10 Subsection (a) and by adding Subsection (h) to read as follows:
3-11 (a) When an application and the required fees are received,
3-12 the Commissioner shall investigate the facts and shall notify the
3-13 Department of Public Safety and all local law enforcement agencies
3-14 in the county in which the business is to be conducted that the
3-15 application has been filed. In the notice, the Commissioner shall
3-16 state the names and addresses of the persons that are required to
3-17 be listed on the license application under Subsection (a) of
3-18 Section 4 of this Act. The Commissioner shall give those law
3-19 enforcement agencies a reasonable time to respond with information
3-20 concerning those persons or with any other relevant information.
3-21 The Commissioner shall give notice of the application to each
3-22 pawnshop licensee in the county in which the pawnshop is to be
3-23 located. The Commissioner <and> shall give any person receiving
3-24 notice under Section 4A or 4B of this Act who would be affected by
3-25 the granting of the proposed application and any pawnshop licensee
4-1 that would be affected by the granting of the proposed application
4-2 an opportunity to appear, present evidence, and be heard for or
4-3 against the application at a public hearing held in accordance with
4-4 Subsection (b) of this section.
4-5 (h) The Commissioner shall consider the public safety,
4-6 health, and general welfare of the community that would be affected
4-7 by the granting of a proposed pawnshop license.
4-8 SECTION 3. Section 17B, Texas Pawnshop Act (Article
4-9 5069-51.17B, Vernon's Texas Civil Statutes), is amended by adding
4-10 Subsection (s) to read as follows:
4-11 (s) The commissioner may adopt rules related to the notice
4-12 by publication and by sign required under Sections 4A and 4B of
4-13 this Act.
4-14 SECTION 4. This Act takes effect September 1, 1995.
4-15 SECTION 5. The importance of this legislation and the
4-16 crowded condition of the calendars in both houses create an
4-17 emergency and an imperative public necessity that the
4-18 constitutional rule requiring bills to be read on three several
4-19 days in each house be suspended, and this rule is hereby suspended.