By West                                          S.B. No. 869

      75R3800 PB-F                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the granting of pawnshop licenses and to public

 1-3     notification of an application for a pawnshop license in certain

 1-4     counties.

 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-6           SECTION 1.  The Texas Pawnshop Act (Article 5069-51.01 et

 1-7     seq., Vernon's Texas Civil Statutes) is amended by adding Sections

 1-8     4A, 4B, 4C, and 4D to read as follows:

 1-9           Sec. 4A.  APPLICANT TO PUBLISH NOTICE.  (a)  Each applicant

1-10     for a pawnshop license for a location in a county with a

1-11     population of 1.5 million or more shall give notice of the

1-12     application by publication at the applicant's own expense in two

1-13     consecutive issues of a newspaper of general circulation published

1-14     in the municipality in which the applicant's business is to be

1-15     conducted.  If a newspaper is not published in the municipality or

1-16     if the business is to be conducted in an unincorporated area of the

1-17     county, the applicant shall publish the notice in a newspaper of

1-18     general circulation published in the county in which the

1-19     applicant's business is to be conducted.  If a newspaper is not

1-20     published in that county, the applicant shall publish the notice in

1-21     a newspaper of general circulation published in an adjacent county

1-22     and circulated in the county in which the applicant's business is

1-23     to be conducted.

1-24           (b)  The notice must be printed in 10-point bold-faced type

 2-1     and must include:

 2-2                 (1)  the address of the place of business for which the

 2-3     pawnshop license is sought; and

 2-4                 (2)  the full name of the applicant and, if the

 2-5     applicant is a partnership, the full name of each partner or, if

 2-6     the applicant is a corporation, the full name and title of each

 2-7     officer of the corporation.

 2-8           Sec. 4B.  NOTICE BY SIGN.  (a)  An applicant for a pawnshop

 2-9     license for a location not previously licensed that is located  in

2-10     a county with a population of 1.5 million or more shall, at the

2-11     applicant's  own expense, prominently post an outdoor sign at the

2-12     proposed location that:

2-13                 (1)  states that an application for a pawnshop  license

2-14     has been made for those premises; and

2-15                 (2)  lists the name and business address of the

2-16     applicant.

2-17           (b)  The sign must be written in a manner and be of a size

2-18     that the commissioner considers adequate to inform the public of

2-19     the intended use of the property as a pawnshop.  The commissioner

2-20     may require the sign to be both in English and a language other

2-21     than English if it is likely that a substantial number of the

2-22     residents in the area speak a language other than English as their

2-23     primary language.

2-24           (c)  The commissioner may not deny a license application for

2-25     failure to post the notice required by this section if the

2-26     commissioner determines that the public residing in the area in

2-27     which the business is to be conducted is adequately aware of the

 3-1     nature of the application.

 3-2           Sec. 4C.  NOTICE TO PUBLIC OFFICIALS.  The commissioner shall

 3-3     give notice of each pawnshop license application made for a

 3-4     location in a county with a population of 1.5 million or more to:

 3-5                 (1)  the county judge of the county in which the

 3-6     applicant's business is to be conducted;

 3-7                 (2)  the mayor or other presiding officer of the

 3-8     governing body of the municipality in which the applicant's

 3-9     business is to be conducted, if the business is located in a

3-10     municipality;

3-11                 (3)  the state representative in whose district the

3-12     applicant's business is to be conducted; and

3-13                 (4)  the state senator in whose district the

3-14     applicant's business is to be conducted.

3-15           Sec. 4D.  RULES.  The commissioner may adopt rules as

3-16     necessary to enforce Sections 4A and 4B of this Act.

3-17           SECTION 2.  Section 5, Texas Pawnshop Act (Article

3-18     5069-51.05, Vernon's Texas Civil Statutes), is amended by amending

3-19     Subsection (a) and by adding Subsection (h) to read as follows:

3-20           (a)  When an application and the required fees are received,

3-21     the Commissioner shall investigate the facts and shall notify the

3-22     Department of Public Safety and all local law enforcement agencies

3-23     in the county in which the business is to be conducted that the

3-24     application has been filed.  In the notice, the Commissioner shall

3-25     state the names and addresses of the persons that are required to

3-26     be listed on the license application under Subsection (a) of

3-27     Section 4 of this Act.  The Commissioner shall give those law

 4-1     enforcement agencies a reasonable time to respond with information

 4-2     concerning those persons or with any other relevant information.

 4-3     The Commissioner shall give notice of the application to each

 4-4     pawnshop licensee in the county in which the pawnshop is to be

 4-5     located.  The Commissioner [and] shall give any person, including a

 4-6     pawnshop licensee, who [that] would be affected by the granting of

 4-7     the proposed application an opportunity to appear, present

 4-8     evidence, and be heard for or against the application at a public

 4-9     hearing held in accordance with Subsection (b) of this section.

4-10           (h)  In determining whether to grant an application for a

4-11     pawnshop license, the Commissioner shall consider the public

4-12     safety, health, and welfare of the community that would be affected

4-13     by the granting of the license.

4-14           SECTION 3.  This Act takes effect September 1, 1997, and

4-15     applies only to an application for a pawnshop license that is filed

4-16     with the consumer credit commissioner on or after that date.  An

4-17     application filed before that date is governed by the law in effect

4-18     on the date that the application was filed, and the former law is

4-19     continued in effect for that purpose.

4-20           SECTION 4.  The importance of this legislation and the

4-21     crowded condition of the calendars in both houses create an

4-22     emergency and an imperative public necessity that the

4-23     constitutional rule requiring bills to be read on three several

4-24     days in each house be suspended, and this rule is hereby suspended.