BWM C.S.H.B. 2338 75(R)BILL ANALYSIS


FINANCIAL INSTITUTIONS
C.S.H.B. 2338
By: Goolsby
5-12-97
Committee Report (Substituted)



BACKGROUND 

Currently, Texas law allows for pawnshops to provide law enforcement
agencies with copies of pawn and purchase transaction receipts.  Law
enforcement agencies gather the paper slips and have them entered into
their computer systems for stolen checks and information purposes relating
to criminal intelligence.  This is a labor intensive process that utilizes
police man-hours in the mere effort of data gathering.  Many pawnshops,
especially the larger ones, already operate with computer systems that
generate their transaction information.  Some shops are already operating
on a voluntary basis of transmitting the transaction information to law
enforcement agencies by electronic media.  Agencies should have uniform
standards to adhere to and the pawnshops should also have rules to abide
by relating to police holds and other procedures. 

PURPOSE

As proposed, H.B. 2338 sets forth specific guidelines for the transmittal
of electronically gathered pawn and purchase transaction data from
licensed pawnshops.  The bill brackets larger counties over 500,000 in
population and provides allowance for smaller jurisdictional
participation.  It would not require any pawnshop to purchase computer
systems if they do not already use them.  It establishes standardized
rules for the placing of police holds on property in the possession of
pawnshops. 

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.  Section 2, Texas Pawnshop Act (Article 5069-51.02, Vernon's
Texas Statutes), is amended by adding Subsection (i) through (m). 

Subsections (i)-(m), defines the following terms: "appropriate law
enforcement official," "claimant," "conveying customer,"
"misappropriated," and "pledgor." 

SECTION 2.  Texas Pawnshop Act is amended by adding Section 17A.

Sec. 17A.  PROVIDING DATA TO LAW ENFORCEMENT OFFICIALS.  (a)  Defines
"reportable data."   

(b)  This section applies only to a pawnbroker who possesses computer
hardware and software necessary to comply with the requirements for
providing reportable data under this section.  This section only applies
to a pawnbroker who has conducted at least 1,800 pawn transactions during
the most recent reporting period, January 1 through June 30 or July 1
through December 31.  A pawnbroker who becomes eligible under this section
remains eligible regardless of the number of pawn transactions in
subsequent reporting periods. 

(c)  An appropriate law enforcement official in a county with a population
of 500,000 or more will adopt a policy requiring each eligible pawnbroker
operating in the county or municipality, to  provide reportable data to
the official in accordance with this section.  The official will take
appropriate action to facilitate the receipt of reportable data.  An
appropriate law enforcement official in a county with a population under
500,000 may adopt a policy under this subsection. 

(d)  Within 60 days after a pawnbroker receives written notice from an
appropriate law enforcement official that has adopted a policy under this
subsection, the pawnbroker must notify the official in writing whether or
not the pawnbroker possesses the necessary computer equipment necessary to
comply with this section providing reportable data. 

(e)  If the pawnbroker possesses the necessary computer equipment, the
pawnbroker must make available all reportable data to the official within
60 days after the date the pawnbroker receives notice from the official.
All reportable data must be in official ASCII text in a form generated by
the pawnbroker's computer system.  The data must be reported on reusable
media provided by the law enforcement official, such as a diskette, secure
telephone modem transmission, or a hosted bulletin board system, that is
mutually acceptable to the pawnbroker and the law enforcement official.
Diskettes will be provided by the law enforcement official.  The
commissioner can not require a special format for electronic data
reporting before January 1, 2002.  A pawnbroker who modifies or updates
their computer software must attempt to obtain the designated and accepted
format design.  A pawnbroker is not responsible for any delay that results
from the law enforcement officials' inability to facilitate the receipt of
the data. 

(f)  The reportable data a pawnbroker provides must contain information
for all transactions during a particular business period and must be
available to be picked up by or be electronically transferred to the law
enforcement official by the end of the next business day. 

(g)  During a test period, the pawnbroker must make all available copies
of all transaction documents to enable the law enforcement official to
ensure the proper operation of the reporting system.  The length of the
test period must be agreed upon by the law enforcement official and the
pawnbroker, and the test period may not exceed 90 days. 

(h)  A law enforcement official, upon written notice, may require
reporting pawnbrokers under the jurisdiction of the official to provide
the reportable data to an alternative law enforcement agency. 

(i)  A pawnbroker is responsible for training the pawnbroker's employees
in reporting data correctly and must make efforts to provide complete and
accurate data to the law enforcement official.  If a pawnbroker or a law
enforcement official discovers an error in the reportable data, the
pawnbroker will be allowed at least 30 days after the law enforcement
official has contacted the pawnbroker to correct the error.  If a
pawnbroker experiences a computer malfunction, the pawnbroker will have at
least 30 days to correct the malfunction.  A pawnbroker who makes a
reasonable effort to make the appropriate system modifications during the
periods prescribed by this subsection, is not in violation of this section
during those periods.  During those periods, the pawnbroker must make
other arrangements for reporting data with law enforcement officials  

(j)  All reportable data is confidential and may be used for official law
enforcement purposes relative to official investigations and the
enforcement of this Act. 

SECTION 3.  Texas Pawnshop Act is amended by adding Section 17C.

Sec. 17C.  POLICE HOLDS.  (a)  If an appropriate law enforcement official
has reasonable suspicion that property in possession of a pawnbroker is
misappropriated, the official may place a written hold order on the
property. 

(b)  The law enforcement official may place a verbal hold on
misappropriated property, but if the pawnbroker does not receive a written
order within 10 days after the date of the verbal order, the verbal hold
will automatically expire.  The term of a written hold may not exceed 60
days from the date a pawnbroker was issued a verbal hold or written hold
order.  If there is an unexpected delay in the investigation relating to
the property in question, the law enforcement official may extend the term
of the hold order for up to 30 days by notifying the pawnbroker in
writing.  Once  a hold order expires, the pawnbroker will notify the law
enforcement official by certified mail, return receipt requested, the the
hold order is no longer valid.  If the pawnbroker has not received an
order from an appropriate court or magistrate after the 10th day of a
written notice by the pawnbroker, the hold order will be lifted. 

(c)  A hold order must specify: (1) the name and address of the
pawnbroker, (2) the name, title, and identification number of the law
enforcement official placing the hold order, (3) a complete description of
the property to be held, including model and serial number, and the number
assigned to the claim of the property, (4) the name of the person
reporting the property to be misappropriated,  
(5) the expiration date of the holding period, (6) the name of the law
enforcement agency that prepared the offense report on the claim regarding
the property and the number of the report. 

(d)  The pawnbroker will sign and date a copy of the hold order as
evidence of receipt and the beginning of the hold period.  A written order
may be transmitted to the pawnbroker by fax.  The pawnbroker will sign and
date a hold order sent by fax machine and may return the copy to the
appropriate law enforcement official by fax. 

(e)  Except as provided by this subsection, the pawnbroker may not release
or dispose of property subject to a hold order except under a court order,
a written release, seizure by the official, or when the hold order
expires.  A pawnbroker will release property to the custody of the law
enforcement official when requested, for use in a criminal investigation,
if the official has furnished the pawnbroker with a written receipt for
the property.  The release of the property to the law enforcement official
by the pawnbroker does not release the pawnbroker's rights to the
property.  Upon completion of the criminal investigation or the expiration
of the hold order, the property will be returned to the pawnbroker, unless
a court order provides for other disposition. If other disposition is
ordered by a court order, the court may order the conveying customer to
pay restitution to the pawnbroker for the amount received for the
property, plus accrued pawn service charges, and reasonable attorney's
fees and costs. 

SECTION 4.  Section 17B(m), Texas Pawnshop Act, is amended.  

(m)  A pawnbroker will hold an item of tangible personal property
purchased or acquired from the general public for a period of at least 20
days before the property may be modified, changed, sold, or disposed of.
The commissioner may provide for a shorter period of time once written
application has been made by the pawnbroker.  A reduction in the hold
period may be granted if the pawnbroker and the law enforcement agency
have implemented a reporting procedure under Section 17A of this Act.  An
application for a shorter period of time must be approved by the law
enforcement official before being submitted to the commissioner. 

SECTION 5.  This Act takes effect September 1, 1997.

SECTION 6.  Emergency clause. 

COMPARISON OF ORIGINAL TO SUBSTITUTE

Section 2, Subsection (b), is changed by striking "1500" and adding "1800."

Section 2, Subsection (e), is changed by striking the majority of this
Subsection and adding new language.  The substance in this subsection is
changed to reflect better communication between law enforce officials and
pawnbrokers.  The commissioner also may not require a specific format for
reporting data before January 1, 2002. 

Section 2, Subsection (f), is changed by adding the words "or
electronically transferred to" on Page 4, Line 1. 

Section 2, Subsection (h), is changed by striking the word "entity" and
adding " law enforcement agency" on Page 4, Line 14. 

 Section 2, Subsection (i), is changed by striking the word "bona fide"
and adding "reasonable" on Page 4, Line 27.    

Section 2, Subsection (j), is changed by striking the words on Page 5,
Lines 9 and 10, and adding "relative to official investigations and the
enforcement of this Act".