BWM C.S.H.B. 1833 75(R)BILL ANALYSIS FINANCIAL INSTITUTIONS C.S.H.B. 1833 By: Jones, Jesse 4-19-97 Committee Report (Substituted) BACKGROUND The Texas Pawn Shop Act (TPA) provides for the regulation and licensing of pawnshops, as well as pawnshop employees. In 1991, the legislature amended the TPA to require new pawnshops in the 11 largest counties to demonstrate public need in order to obtain a license. This requirement was in direct response to citizens input and local government request to slow down and spread out the pawnshop growth in various communities. Currently, the Consumer Credit Commissioner is required to conduct a public hearing before issuing a pawnshop license. The TPA does not provide for public notification of pawnshop license applications. Currently, community residents do not have adequate opportunities to participate in the public hearing process. PURPOSE To require notice of applications to open a pawnshop be given to certain elected officials before the license can be granted. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION-BY-SECTION ANALYSIS SECTION 1: Amends Article 5069-51.01 et seq., Vernon's Texas Civil Statutes (The Texas Pawnshop Act), by adding Sections 4A. Section 4A: NOTICE OF PUBLIC OFFICIALS. Requires the commissioner to give notice of all pawnshop applications for locations in counties with a population of 1.5 million or more to the state representative and the state senator. SECTION 2. Effective Date and Applicability. SECTION 3. Emergency Clause. COMPARISON OF ORIGINAL TO SUBSTITUTE The Committee substitute to HB 1833 removes the requirement to publish notice of application of a pawnshop license in the newspaper where the business is to be located. The Substitute also removes the requirement on the commissioner to notify the county judge and the mayor where the business is to be located. Finally, the Substitute removes the requirement of a public hearing to any person where the business is to be located, and the requirement of the commissioner to consider the public safety, health and welfare of the community that would be affected by the granting of the license.