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 * * * * *