By Goolsby, Keel                                      H.B. No. 2338

         Substitute the following for H.B. No. 2338:

         By Marchant                                       C.S.H.B. No. 2338

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the regulation of certain activities by a pawnbroker.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Section 2, Texas Pawnshop Act (Article

 1-5     5069-51.02, Vernon's Texas Civil Statutes), is amended by adding

 1-6     Subsections (i)-(m) to read as follows:

 1-7                 (i)  "Appropriate law enforcement official"--means the

 1-8     sheriff of the county in which a pawnshop is located or, if a

 1-9     pawnshop is located in a municipality, the police chief of the

1-10     municipality in which the pawnshop is located or any law

1-11     enforcement officer working for the agency headed by the sheriff or

1-12     police chief who is designated by the sheriff or police chief as

1-13     the appropriate law enforcement official for that agency.

1-14                 (j)  "Claimant"--means a person who claims that the

1-15     person's property was misappropriated and delivered into the

1-16     possession of a pawnbroker.

1-17                 (k)  "Conveying customer"--means a person who delivers

1-18     property into the custody of a pawnbroker by pawn, sale, or trade.

1-19                 (l)  "Misappropriated"--means stolen, embezzled,

1-20     converted, or otherwise wrongfully appropriated against the will of

1-21     the rightful owner.

1-22                 (m)  "Pledgor"--means an individual who pledges goods

1-23     to a pawnbroker in connection with a pawn transaction.

1-24           SECTION 2.  The Texas Pawnshop Act (Article  5069-51.01 et

 2-1     seq., Vernon's Texas Civil Statutes) is amended by adding Section

 2-2     17A to read as follows:

 2-3           Sec. 17A.  PROVIDING DATA TO LAW ENFORCEMENT OFFICIALS.  (a)

 2-4     In this section, "reportable data" means the information required

 2-5     to be recorded by pawnbrokers for pawn transactions under Sections

 2-6     10(a), (b), (c), (d), and (i) of this Act and the information

 2-7     required to be recorded by pawnbrokers for purchase transactions

 2-8     under Section 16(a)(9) of this Act.

 2-9           (b)  This section applies only to a pawnbroker who, at the

2-10     time of receipt of notice from an appropriate law enforcement

2-11     official under Subsection (c) of this section, possesses computer

2-12     hardware and software necessary to comply with the requirements for

2-13     providing reportable data under this section and, for the most

2-14     recent preceding period of January 1 through June 30 or July 1

2-15     through December 31, conducted at least 1,800 pawn transactions.  A

2-16     pawnbroker who becomes eligible for application of this section

2-17     remains eligible regardless of the number of pawn transactions

2-18     conducted in subsequent periods.

2-19           (c)  An appropriate law enforcement official in a county with

2-20     a population of 500,000 or more shall adopt a policy requiring each

2-21     eligible pawnbroker operating in the county or the municipality, as

2-22     appropriate, to provide reportable data to the official in

2-23     accordance with this section.  The official shall take appropriate

2-24     action to facilitate the receipt of that data.  An appropriate law

2-25     enforcement official in a county with a population of less than

2-26     500,000 may adopt a policy under this subsection.

2-27           (d)  Not later than the 60th day after the date on which a

 3-1     pawnbroker receives written notice from an appropriate law

 3-2     enforcement official that the official has adopted a policy under

 3-3     Subsection (c) of this section, the pawnbroker shall notify the

 3-4     official in writing as to whether or not the pawnbroker possesses

 3-5     computer hardware and software necessary to comply with the

 3-6     requirements of this section for providing reportable data.

 3-7           (e)  If the pawnbroker possesses the necessary computer

 3-8     hardware and software, the pawnbroker, before the 60th day after

 3-9     the date of the receipt of the notice from the appropriate law

3-10     enforcement official, shall make available all reportable data to

3-11     the official in ASCII text in a form normally generated by the

3-12     pawnbroker's computer system.  The data shall be reported on

3-13     reusable media provided by the law enforcement official, such as a

3-14     secure telephone modem transmission or hosted bulletin board

3-15     system, that is mutually acceptable to the reporting pawnbroker and

3-16     the law enforcement official.  Diskettes shall be furnished to the

3-17     pawnbroker by the law enforcement official.  The commissioner may

3-18     not require a specific format for electronic data reporting before

3-19     January 1, 2002.  A pawnbroker who modifies or updates the

3-20     pawnbroker's software shall attempt to obtain the designated and

3-21     accepted format design.  A pawnbroker is not responsible for any

3-22     delay that results from the law enforcement official's delay in

3-23     facilitating the receipt of the data.

3-24           (f)  The medium in which a pawnbroker provides data to the

3-25     appropriate law enforcement official must contain the reportable

3-26     data for all transactions during a particular business period of

3-27     not less than one business day and must be made available to be

 4-1     picked up by or be electronically transferred to the law

 4-2     enforcement official by the end of the second business day after

 4-3     the business period to which the data relates.

 4-4           (g)  During a test period beginning on the date a pawnbroker

 4-5     begins to provide reportable data under this section, the

 4-6     pawnbroker shall also make available copies of each of the

 4-7     underlying pawn or purchase transaction documents to enable the

 4-8     appropriate law enforcement official to ensure the proper operation

 4-9     of the system for providing the data.  The length of the test

4-10     period shall be agreed on by the law enforcement official and the

4-11     pawnbroker and may not exceed 90 days.

4-12           (h)  A law enforcement official, by written notice, may

4-13     require reporting pawnbrokers in the jurisdiction of the official

4-14     to provide reportable data to an alternative law enforcement agency

4-15     in lieu of providing reportable data to the law enforcement

4-16     official.

4-17           (i)  A pawnbroker is responsible for training the

4-18     pawnbroker's employees in correct data reporting and shall make

4-19     efforts to provide complete and accurate data to the appropriate

4-20     law enforcement official.  If a pawnbroker or the appropriate law

4-21     enforcement official discovers an error in the provision of

4-22     reportable data by that pawnbroker, the pawnbroker shall be allowed

4-23     a period of at least 30 days after the date of receipt of notice

4-24     from the law enforcement official to correct the error.  If a

4-25     pawnbroker experiences a computer malfunction, the pawnbroker shall

4-26     be allowed a period of at least 30 days in which to correct the

4-27     malfunction.  A pawnbroker who makes a reasonable effort to make

 5-1     the appropriate system modifications during the periods prescribed

 5-2     by this subsection is not in violation of this section during those

 5-3     periods.  During those periods the pawnbroker and the law

 5-4     enforcement official shall arrange a mutually acceptable

 5-5     alternative method by which the pawnbroker provides the reportable

 5-6     data.

 5-7           (j)  All reportable data transmitted to an appropriate law

 5-8     enforcement official under this section is confidential and may be

 5-9     used by that official only for official law enforcement purposes

5-10     relative to official investigations and the enforcement of this

5-11     Act.

5-12           SECTION 3.  The Texas Pawnshop Act (Article 5069-51.01 et

5-13     seq., Vernon's Texas Civil Statutes) is amended by adding Section

5-14     17C to read as follows:

5-15           Sec. 17C.  POLICE HOLDS.  (a)  If an appropriate law

5-16     enforcement official has reasonable suspicion to believe that

5-17     property in the possession of a pawnbroker is misappropriated, the

5-18     official may place a written hold order on the property as provided

5-19     by this section.

5-20           (b)  The official may place a hold order verbally, but if the

5-21     pawnbroker does not receive a written order within 10 days after

5-22     the date of the verbal order, the verbal hold order automatically

5-23     expires.  The term of a written hold order may not exceed 60 days

5-24     from the earlier of the date of the verbal hold order or the date

5-25     of receipt by the pawnbroker of the written hold order.  If there

5-26     is an unexpected delay in the investigation relating to the

5-27     property, the law enforcement official may extend the term of the

 6-1     hold order for up to an additional 30 days by notifying the

 6-2     pawnbroker in writing.  On expiration of the holding period, the

 6-3     pawnbroker shall notify the law enforcement official by certified

 6-4     mail, return receipt requested, that the hold order is no longer in

 6-5     effect.  If, on the 10th day after the date of delivery of that

 6-6     written notice by the pawnbroker, the pawnbroker has not received

 6-7     an order to the contrary from an appropriate court or magistrate,

 6-8     the hold order shall be released.

 6-9           (c)  A hold order must specify:

6-10                 (1)  the name and address of the pawnbroker;

6-11                 (2)  the name, title, and identification number of the

6-12     representative of the law enforcement official placing the hold

6-13     order;

6-14                 (3)  a complete description of the property to be held,

6-15     including model number and serial number, if applicable, and the

6-16     number assigned to the claim regarding the property;

6-17                 (4)  the name of the person reporting the property to

6-18     be misappropriated;

6-19                 (5)  the expiration date of the holding period; and

6-20                 (6)  the name of the law enforcement agency that

6-21     prepared the offense report on the claim regarding the property and

6-22     the number of the offense report.

6-23           (d)  The pawnbroker shall sign and date a copy of the hold

6-24     order as evidence of receipt of the hold order and the beginning of

6-25     the holding period.  A written hold order may be transmitted to the

6-26     pawnbroker by facsimile machine.  The pawnbroker shall sign and

6-27     date a hold order sent by facsimile machine and may return by

 7-1     facsimile machine the copy to the appropriate law enforcement

 7-2     official.

 7-3           (e)  Except as provided by this subsection, the pawnbroker

 7-4     may not release or dispose of property subject to a hold order

 7-5     except under a court order, a written release from or seizure by

 7-6     the appropriate law enforcement official, or the expiration of the

 7-7     hold period.  A pawnbroker shall release property to the custody of

 7-8     the law enforcement official on the official's request for use in a

 7-9     criminal investigation if the official has furnished the pawnbroker

7-10     with a written receipt for the property.  The release of the

7-11     property to the custody of the official is not considered to be a

7-12     waiver or release of the pawnbroker's rights or interest in the

7-13     property.  On the earlier of the completion of the criminal

7-14     investigation or the expiration of the hold period, the property

7-15     shall be returned to the pawnbroker who released it unless a court

7-16     order provides for other disposition.  If other disposition is

7-17     ordered, the court may order the conveying customer to pay

7-18     restitution to the pawnbroker in the amount received by the

7-19     conveying customer for the property, plus accrued pawn service

7-20     charges, in the case of pawn transactions, and reasonable

7-21     attorney's fees and costs.

7-22           SECTION 4.  Section 17B(m), Texas Pawnshop Act (Article

7-23     5069-51.17B, Vernon's Texas Civil Statutes), is amended to read as

7-24     follows:

7-25           (m)  A pawnbroker [The commissioner] shall [designate a

7-26     reasonable] hold for not less than 7 days [period before a sale or

7-27     other disposition of] an item of tangible personal property

 8-1     purchased or otherwise acquired from the general public before the

 8-2     property may be modified, changed, sold, or disposed of in any

 8-3     manner [by a pawnbroker and offered for sale or other disposition

 8-4     by the pawnbroker].  The commissioner may provide for a shorter

 8-5     hold period on written application by a pawnbroker.  A reduction in

 8-6     the hold period may be granted only if the pawnbroker and the

 8-7     appropriate law enforcement agency have implemented a procedure for

 8-8     transmitting reportable electronic data under Section 17A of this

 8-9     Act.  An application for a shorter hold period must be approved by

8-10     the appropriate law enforcement official before the application is

8-11     submitted to the commissioner by the pawnbroker.

8-12           SECTION 5.  This Act takes effect September 1, 1997.

8-13           SECTION 6.  The importance of this legislation and the

8-14     crowded condition of the calendars in both houses create an

8-15     emergency and an imperative public necessity that the

8-16     constitutional rule requiring bills to be read on three several

8-17     days in each house be suspended, and this rule is hereby suspended.