By:  West                                              S.B. No. 132
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to public notification of an application for a pawnshop
    1-2  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 Sections
    1-6  4A, 4B, and 4C to read as follows:
    1-7        Sec. 4A.  APPLICANT TO PUBLISH NOTICE.  (a)  Every applicant
    1-8  for a pawnshop license shall give notice of the application by
    1-9  publication at his own expense in two consecutive issues of a
   1-10  newspaper of general circulation published in the city or town in
   1-11  which his place of business is located.  If no newspaper is
   1-12  published in the city or town, the notice shall be published in a
   1-13  newspaper of general circulation published in the county where the
   1-14  applicant's business is located.  If no newspaper is published in
   1-15  the county, the notice shall be published in a qualified newspaper
   1-16  published in the closest neighboring county and circulated in the
   1-17  county of the applicant's residence.
   1-18        (b)  The notice shall be printed in 10-point boldface type
   1-19  and shall include:
   1-20              (1)  the exact location of the place of business for
   1-21  which the pawnshop license is sought;
   1-22              (2)  the full name of the applicant and, if the
   1-23  applicant is a partnership, the full name of each member; and
    2-1              (3)  if the applicant is a corporation, the full name
    2-2  and title of each officer.
    2-3        (c)  An applicant to renew an expired license is not required
    2-4  to publish notice.
    2-5        Sec. 4B.  NOTICE BY SIGN.  (a)  An applicant for a pawnshop
    2-6  license for a location not previously licensed shall, on the dates
    2-7  notice is required to be published under Section 4A of this Act,
    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  The Commissioner shall provide such sign and may charge a fee
   2-18  therefor.
   2-19        (c)  An application may not be denied for failing to post the
   2-20  notice required by this section if the Commissioner determines that
   2-21  the general public in the area in which the premises to be licensed
   2-22  are located is adequately aware of the nature of the application.
   2-23        Sec. 4C.  NOTICE TO PUBLIC OFFICIALS.  The Commissioner shall
   2-24  give notice of all pawnshop license applications to:
   2-25              (1)  the county judge of the county in which the
    3-1  applicant's place of business is located;
    3-2              (2)  the mayor or other presiding officer of the
    3-3  governing body of the municipality in which the applicant's place
    3-4  of business is located if located in a municipality;
    3-5              (3)  the state representative in whose district the
    3-6  applicant's place of business is located; and
    3-7              (4)  the state senator in whose district the
    3-8  applicant's place of business is located.
    3-9        SECTION 2.  Subsections (a) and (b), Section 5, Texas
   3-10  Pawnshop Act (Article 5069-51.05, Vernon's Texas Civil Statutes),
   3-11  are amended to read as follows:
   3-12        (a)  When an application and the required fees are received,
   3-13  the Commissioner shall investigate the facts and shall notify the
   3-14  Department of Public Safety and all local law enforcement agencies
   3-15  in the county in which the business is to be conducted that the
   3-16  application has been filed.  In the notice, the Commissioner shall
   3-17  state the names and addresses of the persons that are required to
   3-18  be listed on the license application under Subsection (a) of
   3-19  Section 4 of this Act.  The Commissioner shall give those law
   3-20  enforcement agencies a reasonable time to respond with information
   3-21  concerning those  persons or with any other relevant information.
   3-22  The Commissioner shall give notice of the application to each
   3-23  pawnshop licensee in the county in which the pawnshop is to be
   3-24  located.  The Commissioner <and> shall give any person receiving
   3-25  notice under Section 4A or 4B of this Act who would be affected by
    4-1  the granting of the proposed application and any pawnshop licensee
    4-2  that would be affected by the granting of the proposed application
    4-3  an opportunity to appear, present evidence, and be heard for or
    4-4  against the application at a public hearing held in accordance with
    4-5  Subsection (b) of this section.
    4-6        (b)  The Commissioner shall, on request, conduct a public
    4-7  hearing in the county in which the pawnshop is to be located before
    4-8  issuing a pawnshop license and shall approve an application and
    4-9  issue to the applicant a license that will evidence the authority
   4-10  to do business under the provisions of this Act if the
   4-11  Commissioner:
   4-12              (1)  finds that the eligibility requirements for the
   4-13  license are satisfied;
   4-14              (2)  finds that the financial responsibility,
   4-15  experience, character, and general fitness of the applicant or of
   4-16  its owners and managers are such as to warrant belief that the
   4-17  business will be operated lawfully and fairly within the purposes
   4-18  of this Act; and
   4-19              (3)  for an application for a new license in or
   4-20  relocation of an existing license to a county with a population of
   4-21  250,000 or more according to the most recent federal decennial
   4-22  census, finds that there is a public need for the proposed pawnshop
   4-23  and the volume of business in the community in which the pawnshop
   4-24  will conduct its business indicates a profitable operation is
   4-25  probable.
    5-1        SECTION 3.  This Act takes effect September 1, 1995.
    5-2        SECTION 4.  The importance of this legislation and the
    5-3  crowded condition of the calendars in both houses create an
    5-4  emergency and an imperative public necessity that the
    5-5  constitutional rule requiring bills to be read on three several
    5-6  days in each house be suspended, and this rule is hereby suspended.