1-1  By:  West                                              S.B. No. 132
    1-2        (In the Senate - Filed December 7, 1994; January 16, 1995,
    1-3  read first time and referred to Committee on Economic Development;
    1-4  April 5, 1995, reported adversely, with favorable Committee
    1-5  Substitute by the following vote:  Yeas 10, Nays 0; April 5, 1995,
    1-6  sent to printer.)
    1-7  COMMITTEE SUBSTITUTE FOR S.B. No. 132                   By:  Rosson
    1-8                         A BILL TO BE ENTITLED
    1-9                                AN ACT
   1-10  relating to the granting of pawnshop licenses and to public
   1-11  notification of an application for a pawnshop license in certain
   1-12  counties.
   1-13        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-14        SECTION 1.  The Texas Pawnshop Act (Article 5069-51.01 et
   1-15  seq., Vernon's Texas Civil Statutes) is amended by adding Sections
   1-16  4A, 4B, and 4C to read as follows:
   1-17        Sec. 4A.  APPLICANT TO PUBLISH NOTICE.  (a)  Every applicant
   1-18  for a pawnshop license for a location in a county with a population
   1-19  of 1.5 million or more shall give notice of the application by
   1-20  publication at his own expense in two consecutive issues of a
   1-21  newspaper of general circulation published in the city or town in
   1-22  which his place of business is located.  If no newspaper is
   1-23  published in the city or town, the notice shall be published in a
   1-24  newspaper of general circulation published in the county where the
   1-25  applicant's business is located.  If no newspaper is published in
   1-26  the county, the notice shall be published in a qualified newspaper
   1-27  published in the closest neighboring county and circulated in the
   1-28  county of the applicant's residence.
   1-29        (b)  The notice shall be printed in 10-point boldface type
   1-30  and shall include:
   1-31              (1)  the exact location of the place of business for
   1-32  which the pawnshop license is sought;
   1-33              (2)  the full name of the applicant and, if the
   1-34  applicant is a partnership, the full name of each member; and
   1-35              (3)  if the applicant is a corporation, the full name
   1-36  and title of each officer.
   1-37        Sec. 4B.  NOTICE BY SIGN.  (a)  An applicant for a pawnshop
   1-38  license for a location in a county with a population of 1.5 million
   1-39  or more not previously licensed shall, at his own expense,
   1-40  prominently post an outdoor sign at the location stating that a
   1-41  pawnshop is intended to be operated on the premises and the name
   1-42  and business address of the applicant.
   1-43        (b)  The sign shall be written in a manner and of a size the
   1-44  Commissioner considers adequate to inform the general public of the
   1-45  intended use of the property.  The Commissioner may require the
   1-46  sign to be both in English and a language other than English if it
   1-47  is likely that a substantial number of the residents in the area
   1-48  speak a language other than English as their familiar language.
   1-49        (c)  An application may not be denied for failing to post the
   1-50  notice required by this section if the Commissioner determines that
   1-51  the general public in the area in which the premises to be licensed
   1-52  are located is adequately aware of the nature of the application.
   1-53        Sec. 4C.  NOTICE TO PUBLIC OFFICIALS.  The Commissioner shall
   1-54  give notice of all pawnshop license applications for locations in
   1-55  counties with a population of 1.5 million or more to:
   1-56              (1)  the county judge of the county in which the
   1-57  applicant's place of business is located;
   1-58              (2)  the mayor or other presiding officer of the
   1-59  governing body of the municipality in which the applicant's place
   1-60  of business is located if located in a municipality;
   1-61              (3)  the state representative in whose district the
   1-62  applicant's place of business is located; and
   1-63              (4)  the state senator in whose district the
   1-64  applicant's place of business is located.
   1-65        SECTION 2.  Section 5, Texas Pawnshop Act (Article
   1-66  5069-51.05, Vernon's Texas Civil Statutes), is amended by amending
   1-67  Subsection (a) and by adding Subsection (h) to read as follows:
   1-68        (a)  When an application and the required fees are received,
    2-1  the Commissioner shall investigate the facts and shall notify the
    2-2  Department of Public Safety and all local law enforcement agencies
    2-3  in the county in which the business is to be conducted that the
    2-4  application has been filed.  In the notice, the Commissioner shall
    2-5  state the names and addresses of the persons that are required to
    2-6  be listed on the license application under Subsection (a) of
    2-7  Section 4 of this Act.  The Commissioner shall give those law
    2-8  enforcement agencies a reasonable time to respond with information
    2-9  concerning those  persons or with any other relevant information.
   2-10  The Commissioner shall give notice of the application to each
   2-11  pawnshop licensee in the county in which the pawnshop is to be
   2-12  located.  The Commissioner <and> shall give any person receiving
   2-13  notice under Section 4A or 4B of this Act who would be affected by
   2-14  the granting of the proposed application and any pawnshop licensee
   2-15  that would be affected by the granting of the proposed application
   2-16  an opportunity to appear, present evidence, and be heard for or
   2-17  against the application at a public hearing held in accordance with
   2-18  Subsection (b) of this section.
   2-19        (h)  The Commissioner shall consider the public safety,
   2-20  health, and general welfare of the community that would be affected
   2-21  by the granting of a proposed pawnshop license.
   2-22        SECTION 3.  Section 17B, Texas Pawnshop Act (Article
   2-23  5069-51.17B, Vernon's Texas Civil Statutes), is amended by adding
   2-24  Subsection (s) to read as follows:
   2-25        (s)  The commissioner may adopt rules related to the notice
   2-26  by publication and by sign required under Sections 4A and 4B of
   2-27  this Act.
   2-28        SECTION 4.  This Act takes effect September 1, 1995.
   2-29        SECTION 5.  The importance of this legislation and the
   2-30  crowded condition of the calendars in both houses create an
   2-31  emergency and an imperative public necessity that the
   2-32  constitutional rule requiring bills to be read on three several
   2-33  days in each house be suspended, and this rule is hereby suspended.
   2-34                               * * * * *