By Marchant                                     H.B. No. 2796

      75R6067 JMM-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the regulation of pawnshops and pawnbrokers.

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

 1-4           SECTION 1.  Section 3, Texas Pawnshop Act (Article

 1-5     5069-51.03, Vernon's Texas Civil Statutes), is amended by amending

 1-6     Subsection (b) and adding Subsection (e) to read as follows:

 1-7           (b)  A pawnbroker may not employ an individual for the

 1-8     purpose of writing pawn transactions, buying and/or selling

 1-9     merchandise, or the supervising of employees writing pawn

1-10     transactions or buying and/or selling merchandise after the 60-day

1-11     [30-day] grace period for filing an application for a pawnshop

1-12     employee license unless the person:

1-13                 (1)  has timely filed an application for a pawnshop

1-14     employee license and is awaiting the commissioner's decision on the

1-15     application; or

1-16                 (2)  possesses a valid pawnshop employee license.

1-17           (e)  A transaction is not a change in ownership for the

1-18     purposes of this section if only the number of owners change or the

1-19     proportionate share of ownership by an individual changes and an

1-20     individual who was an owner of not more than a five percent equity

1-21     interest in the business before the date of the transaction retains

1-22     not more than a five percent equity interest after the date of the

1-23     transaction.

1-24           SECTION 2.  Section 5(f), Texas Pawnshop Act (Article

 2-1     5069-51.05, Vernon's Texas Civil Statutes), is amended to read as

 2-2     follows:

 2-3           (f)  Any license issued to a pawnshop [before October 1,

 2-4     1981,] remains valid as long as the licensee complies with this Act

 2-5     and with the net asset requirement in effect on the date the

 2-6     license was issued.

 2-7           SECTION 3.  Section 10, Texas Pawnshop Act (Article

 2-8     5069-51.10, Vernon's Texas Civil Statutes), is amended to read as

 2-9     follows:

2-10           Sec. 10.  PAWN TICKET.   The pawnbroker, at the time the pawn

2-11     transaction is entered, shall deliver to the pledgor a memorandum

2-12     or ticket on which shall be clearly set forth the following:

2-13                 (a)  The name and address of the pawnshop;

2-14                 (b)  The name and address of the pledgor, the pledgor's

2-15     description, and the driver's license number, military

2-16     identification number, identification certificate number, or other

2-17     official number capable of identifying the pledgor;

2-18                 (c)  The date of the transaction;

2-19                 (d)  An identification and description of the pledged

2-20     goods, including serial numbers if reasonably available;

2-21                 (e)  The amount of cash advanced or credit extended to

2-22     the pledgor, designated as the "Amount Financed";

2-23                 (f)  The amount of the pawn service charge, designated

2-24     as the "Finance Charge";

2-25                 (g)  The total amount (the Amount Financed plus the

2-26     Finance Charge) which must be paid to redeem the pledged goods on

2-27     the maturity date, designated as the "Total of Payments";

 3-1                 (h)  The "Annual Percentage Rate", computed in

 3-2     accordance with the regulations issued by the Federal Reserve Board

 3-3     of the United States pursuant to the Truth-in-Lending Act, Title I,

 3-4     Act of May 29, 1968, Public Law 90-321, 82 Stat. 146, as amended;

 3-5                 (i)  The maturity date of the pawn transaction;

 3-6                 (j)  A statement to the effect that the pledgor is not

 3-7     obligated to redeem the pledged goods, and that the pledged goods

 3-8     may be forfeited to the pawnbroker sixty days after the specified

 3-9     maturity date; and

3-10                 (k)  A statement by the pledgor that the pledged goods

3-11     are not stolen and are not subject to a lien or encumbrance and

3-12     that the pledgor has the right to enter into the pawn transaction

3-13     with regard to the pledged goods.

3-14           SECTION 4.  Section 11, Texas Pawnshop Act (Article

3-15     5069-51.11, Vernon's Texas Civil Statutes), is amended to read as

3-16     follows:

3-17           Sec. 11.  PLEDGOR'S LIABILITY PROHIBITED.   A pledgor shall

3-18     have no obligation to redeem pledged goods or make any payment on a

3-19     pawn transaction, except for a false statement made under Section

3-20     10(k) of this Act or as otherwise ordered by a court.

3-21           SECTION 5.  Section 16(a), Texas Pawnshop Act (Article

3-22     5069-51.16, Vernon's Texas Civil Statutes), is amended to read as

3-23     follows:

3-24           (a)  A pawnbroker shall not:

3-25                 (1)  Accept a pledge or purchase property from a person

3-26     under the age of eighteen years.

3-27                 (2)  Make any agreement requiring the personal

 4-1     liability of a pledgor in connection with a pawn transaction,

 4-2     except for the statement required by the pledgor under Section

 4-3     10(k) of this Act.

 4-4                 (3)  Accept any waiver, in writing or otherwise, of any

 4-5     right or protection accorded a pledgor under this Act.

 4-6                 (4)  Fail to exercise reasonable care to protect

 4-7     pledged goods from loss or damage.

 4-8                 (5)  Fail to return pledged goods to a pledgor upon

 4-9     payment of the full amount due the pawnbroker on the pawn

4-10     transaction.  In the event such pledged goods are lost or damaged

4-11     while in the possession of the pawnbroker it shall be the

4-12     responsibility of the pawnbroker to replace the lost or damaged

4-13     goods with like kind(s) of merchandise.  All such replacements are

4-14     subject to the approval or rejection of the Commissioner.  For the

4-15     purposes of this subdivision, "lost" includes destroyed or having

4-16     disappeared because of any cause, whether known or unknown, that

4-17     results in the pledged goods being unavailable for return to the

4-18     pledgor.

4-19                 (6)  Make any charge for insurance in connection with a

4-20     pawn transaction, except for the actual cost to insure pledged

4-21     goods being shipped to a pledgor who redeemed the goods by mail.

4-22                 (7)  Enter any pawn transaction which has a maturity

4-23     date more than one month after the date of the transaction.

4-24                 (8)  Display for sale in storefront windows or sidewalk

4-25     display case so that same may be viewed from the street, any

4-26     pistol, dirk, dagger, blackjack, hand chain, sword cane, knuckles

4-27     made of any metal or any hard substance, switchblade knife,

 5-1     springblade knife, or throwblade knife, or depict same on any sign

 5-2     or advertisement which may be viewed from the street.

 5-3                 (9)  Purchase used or secondhand personal property from

 5-4     a person other than a pawnbroker unless a record is established

 5-5     that contains:

 5-6                       (A)  the name, address, physical description, and

 5-7     the driver's license number, military identification number,

 5-8     identification certificate number, or other official number capable

 5-9     of identifying the seller;

5-10                       (B)  a complete description of the property,

5-11     including the serial number, if reasonably available, or other

5-12     identifying characteristics; and

5-13                       (C)  a signed document from the seller in which

5-14     the seller states that the property is not stolen or subject to a

5-15     lien or encumbrance and [providing] that the seller has the right

5-16     to sell the property.

5-17                 (10)  Accept as pledged goods in a pawn transaction

5-18     building construction materials, including copper pipes, tubing,

5-19     and wiring, aluminum wire, plumbing supplies, electrical supplies,

5-20     window glass, lumber, and other similar materials, unless a record

5-21     is established that contains the information required under

5-22     Subsection (9) of this section for the purchase of used or

5-23     secondhand personal property.

5-24           SECTION 6.  The Texas Pawnshop Act (Article 5069-51.01 et

5-25     seq., Vernon's Texas Civil Statutes) is amended by adding Section

5-26     17A to read as follows:

5-27           Sec. 17A.  PROVIDING DATA TO LAW ENFORCEMENT OFFICIAL.

 6-1     (a)  In this section:

 6-2                 (1)  "Eligible pawnbroker" means a pawnbroker who:

 6-3                       (A)  at the time of receipt of notice from an

 6-4     appropriate law enforcement official has adequate computer hardware

 6-5     and software to comply with the requirements of this section to

 6-6     provide reportable data; and

 6-7                       (B)  during any six-month period conducted not

 6-8     fewer than 1,800 pawn transactions.

 6-9                 (2)  "Reportable data" means the information required

6-10     to be recorded by a pawnbroker:

6-11                       (A)  for a pawn transaction under Sections 10(a),

6-12     (b), (c), (d), and (i) of this Act; and

6-13                       (B)  for a purchase transaction under Section

6-14     16(a)(9) of this Act.

6-15           (b)  A law enforcement official may adopt a policy requiring

6-16     eligible pawnbrokers operating in the official's jurisdiction to

6-17     provide reportable data to the official under this section.  Each

6-18     appropriate law enforcement official who adopts policies under this

6-19     section shall take appropriate steps to receive reportable data

6-20     required to be provided by an eligible pawnbroker under this

6-21     section.

6-22           (c)  Not later than the 60th day after the date an eligible

6-23     pawnbroker receives notice from an appropriate law enforcement

6-24     official, the pawnbroker shall notify the official in writing as to

6-25     whether the pawnbroker has adequate computer hardware and software

6-26     to provide reportable data under this section.  A pawnbroker who

6-27     does not have adequate computer hardware or software is not an

 7-1     eligible pawnbroker.

 7-2           (d)  Before the expiration of the 60th day after the date an

 7-3     eligible pawnbroker receives notice under Subsection (c) of this

 7-4     section, the reporting pawnbroker shall make available all

 7-5     reportable data to the appropriate law enforcement official in

 7-6     ASCII text in a form normally generated by the eligible

 7-7     pawnbroker's computer system on reusable media furnished by the

 7-8     appropriate law enforcement official, including diskettes or other

 7-9     media acceptable to both the eligible pawnbroker and the law

7-10     enforcement official.  An eligible pawnbroker is not responsible

7-11     for any delay in making available reportable data because of a law

7-12     enforcement official's delay in facilitating receipt of the data.

7-13           (e)  The media by which an eligible pawnbroker provides data

7-14     to an appropriate law enforcement official shall contain the

7-15     reportable data for all transactions during a particular business

7-16     period of not less than one business day and shall be available to

7-17     be picked up by the appropriate law enforcement official by the end

7-18     of the second business day after the business period to which the

7-19     data relates.

7-20           (f)  During a test period beginning on the date an eligible

7-21     pawnbroker begins to provide reportable data as provided by

7-22     Subsections (d) and (e) of this section, the pawnbroker shall also

7-23     make available copies of each of the underlying pawn or purchase

7-24     transaction documents contained in the data to enable the law

7-25     enforcement official to ensure the proper operation of the system.

7-26     The test period shall be a time agreed upon by the law enforcement

7-27     official and the pawnbroker but may not exceed 90 days.

 8-1           (g)  An appropriate law enforcement official by written

 8-2     notice may require eligible pawnbrokers in the jurisdiction of the

 8-3     official to provide reportable data under this section to not more

 8-4     than one other law enforcement agency in lieu of transmitting

 8-5     reportable data to the law enforcement official.

 8-6           (h)  If an eligible pawnbroker or an appropriate law

 8-7     enforcement official discovers an error in reportable data from the

 8-8     pawnbroker, the pawnbroker shall be permitted not less than 30 days

 8-9     from the date of receipt of notice from the law enforcement

8-10     official to correct the error.  If a pawnbroker experiences a

8-11     computer malfunction, the pawnbroker shall be permitted not less

8-12     than 30 days to correct the malfunction.  A pawnbroker making a

8-13     bona fide effort to make the repairs during a period referred to in

8-14     this subsection is not in violation of the requirements of this

8-15     section during the period.

8-16           (i)  Notwithstanding any other provision of this section, a

8-17     pawnbroker is not obligated to:

8-18                 (1)  purchase computer hardware or software in order to

8-19     provide reportable data;

8-20                 (2)  modify software the pawnbroker owns in order to

8-21     submit reportable data;

8-22                 (3)  provide reportable data in a form other than that

8-23     normally produced by a software program already owned by the

8-24     pawnbroker;

8-25                 (4)  take action to deliver the reportable data other

8-26     than making the data available at the pawnbroker's place of

8-27     business; or

 9-1                 (5)  make available paper copies of the transaction

 9-2     documents underlying the reportable data except as provided in

 9-3     Subsection (f) of this section.

 9-4           (j)  Reportable data transmitted to an appropriate law

 9-5     enforcement official under this section is confidential and may be

 9-6     used by the appropriate law enforcement official only to

 9-7     investigate and prosecute crimes specifically relating to pledged

 9-8     or purchased goods described in the reportable data.

 9-9           SECTION 7.  Sections 17B(d), (o), (p), (q), and (r), Texas

9-10     Pawnshop Act (Article 5069-51.17B, Vernon's Texas Civil Statutes),

9-11     are amended to read as follows:

9-12           (d)  A pawnbroker shall notify the commissioner of all

9-13     locations at which the pawnbroker or an applicant for a pawnshop

9-14     license operates a buy shop, secondhand merchandise store, retail

9-15     outlet, or similar business or any business to which the pawnbroker

9-16     regularly transfers goods acquired through a pawn or purchase

9-17     transaction [from the pawnshop].

9-18           (o)  [The commissioner may adopt rules related to the keeping

9-19     of firearms used solely for the security of the pawnshop by the

9-20     pawnbroker.]

9-21           [(p)]  The commissioner may adopt rules related to the use of

9-22     outdoor displays and signs at pawnshops and the maintenance of the

9-23     premises at pawnshops.

9-24           (p) [(q)]  The commissioner shall adopt rules that permit a

9-25     consumer who has filed an offense report with the local law

9-26     enforcement agency to request a pawnbroker to search the records of

9-27     the pawnshop and permit the pawnbroker to assist the consumer and

 10-1    the local law enforcement agency in locating and recovering stolen

 10-2    property.

 10-3          (q) [(r)]  The legislature has exclusive authority regarding

 10-4    the operation of pawnshops, except for those matters delegated in

 10-5    this Act to the commissioner.  Notwithstanding the provisions of

 10-6    this Act, the commissioner has the authority to regulate only those

 10-7    business practices which require a pawnshop license.

 10-8          SECTION 8.  This Act takes effect September 1, 1997.

 10-9          SECTION 9.  The importance of this legislation and the

10-10    crowded condition of the calendars in both houses create an

10-11    emergency and an imperative public necessity that the

10-12    constitutional rule requiring bills to be read on three several

10-13    days in each house be suspended, and this rule is hereby suspended.