By:  Armbrister                              S.B. No. 1274

         97S0763/1                           

                                A BILL TO BE ENTITLED

                                       AN ACT

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

 1-2           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

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

 1-4     5069-51.03, Vernon's Texas Civil Statutes), is amended by amending

 1-5     Subsection (b) and adding Subsection (e) to read as follows:

 1-6           (b)  A pawnbroker may not employ an individual for the

 1-7     purpose of writing pawn transactions, buying and/or selling

 1-8     merchandise, or the supervising of employees writing pawn

 1-9     transactions or buying and/or selling merchandise after the 60-day

1-10     [30-day] grace period for filing an application for a pawnshop

1-11     employee license unless the person:

1-12                 (1)  has timely filed an application for a pawnshop

1-13     employee license and is awaiting the commissioner's decision on the

1-14     application; or

1-15                 (2)  possesses a valid pawnshop employee license.

1-16           (e)  A transaction is not a change in ownership for the

1-17     purposes of this section if only the number of owners changes or

1-18     the proportionate share of ownership by an individual changes and

1-19     an individual who was an owner of not more than a five percent

1-20     equity interest in the business before the date of the transaction

1-21     retains not more than a five percent equity interest after the date

1-22     of the transaction.

1-23           SECTION 2.  Subsection (f), Section 5, Texas Pawnshop Act

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

 2-2     read as 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

 3-1     Finance Charge) which must be paid to redeem the pledged goods on

 3-2     the maturity date, designated as the "Total of Payments";

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

 3-4     accordance with the regulations issued by the Federal Reserve Board

 3-5     of the United States pursuant to the Truth-in-Lending Act, Title I,

 3-6     Act of May 29, 1968, Public Law 90-321, 82 Stat. 146, as amended;

 3-7                 (i)  The maturity date of the pawn transaction;

 3-8                 (j)  A statement to the effect that the pledgor is not

 3-9     obligated to redeem the pledged goods, and that the pledged goods

3-10     may be forfeited to the pawnbroker sixty days after the specified

3-11     maturity date; and

3-12                 (k)  A statement by the pledgor that the pledged goods

3-13     are not stolen and are not subject to a lien or encumbrance and

3-14     that the pledgor has the right to enter into the pawn transaction

3-15     with regard to the pledged goods.

3-16           SECTION 4.  Section 11, Texas Pawnshop Act (Article

3-17     5069-51.11, Vernon's Texas Civil Statutes), is amended to read as

3-18     follows:

3-19           Sec. 11.  PLEDGOR'S LIABILITY PROHIBITED.  A pledgor shall

3-20     have no obligation to redeem pledged goods or make any payment on a

3-21     pawn transaction, except for a false statement made under Section

3-22     10(k) of this Act or as otherwise ordered by a court.

3-23           SECTION 5.  Subsection (a), Section 16, Texas Pawnshop Act

3-24     (Article 5069-51.16, Vernon's Texas Civil Statutes), is amended to

3-25     read as follows:

 4-1           (a)  A pawnbroker shall not:

 4-2                 (1)  Accept a pledge or purchase property from a person

 4-3     under the age of eighteen years.

 4-4                 (2)  Make any agreement requiring the personal

 4-5     liability of a pledgor in connection with a pawn transaction,

 4-6     except for the statement required by the pledgor under Section

 4-7     10(k) of this Act.

 4-8                 (3)  Accept any waiver, in writing or otherwise, of any

 4-9     right or protection accorded a pledgor under this Act.

4-10                 (4)  Fail to exercise reasonable care to protect

4-11     pledged goods from loss or damage.

4-12                 (5)  Fail to return pledged goods to a pledgor upon

4-13     payment of the full amount due the pawnbroker on the pawn

4-14     transaction.  In the event such pledged goods are lost or damaged

4-15     while in the possession of the pawnbroker it shall be the

4-16     responsibility of the pawnbroker to replace the lost or damaged

4-17     goods with like kind(s) of merchandise.  All such replacements are

4-18     subject to the approval or rejection of the Commissioner.  For the

4-19     purposes of this subdivision, "lost" includes destroyed or having

4-20     disappeared because of any cause, whether known or unknown, that

4-21     results in the pledged goods being unavailable for return to the

4-22     pledgor.

4-23                 (6)  Make any charge for insurance in connection with a

4-24     pawn transaction, except for the actual cost to insure pledged

4-25     goods being shipped to a pledgor who redeemed the goods by mail.

 5-1                 (7)  Enter any pawn transaction which has a maturity

 5-2     date more than one month after the date of the transaction.

 5-3                 (8)  Display for sale in storefront windows or sidewalk

 5-4     display case so that same may be viewed from the street, any

 5-5     pistol, dirk, dagger, blackjack, hand chain, sword cane, knuckles

 5-6     made of any metal or any hard substance, switchblade knife,

 5-7     springblade knife, or throwblade knife, or depict same on any sign

 5-8     or advertisement which may be viewed from the street.

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

5-10     a person other than a pawnbroker unless a record is established

5-11     that contains:

5-12                       (A)  the name, address, physical description, and

5-13     the driver's license number, military identification number,

5-14     identification certificate number, or other official number capable

5-15     of identifying the seller;

5-16                       (B)  a complete description of the property,

5-17     including the serial number, if reasonably available, or other

5-18     identifying characteristics; and

5-19                       (C)  a signed document from the seller in which

5-20     the seller states that the property is not stolen or subject to a

5-21     lien or encumbrance and [providing] that the seller has the right

5-22     to sell the property.

5-23                 (10)  Accept as pledged goods in a pawn transaction

5-24     building construction materials, including copper pipes, tubing,

5-25     and wiring, aluminum wire, plumbing supplies, electrical supplies,

 6-1     window glass, lumber, and other similar materials, unless a record

 6-2     is established that contains the information required under

 6-3     Subsection (9) of this section for the purchase of used or

 6-4     secondhand personal property.

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

 6-6     seq., Vernon's Texas Civil Statutes) is amended by adding Section

 6-7     17A to read as follows:

 6-8           Sec. 17A.  PROVIDING DATA TO LAW ENFORCEMENT OFFICIAL.

 6-9     (a)  In this section:

6-10                 (1)  "Eligible pawnbroker" means a pawnbroker who:

6-11                       (A)  at the time of receipt of notice from an

6-12     appropriate law enforcement official has adequate computer hardware

6-13     and software to comply with the requirements of this section to

6-14     provide reportable data; and

6-15                       (B)  during any six-month period conducted not

6-16     fewer than 1,800 pawn transactions.

6-17                 (2)  "Reportable data" means the information required

6-18     to be recorded by a pawnbroker:

6-19                       (A)  for a pawn transaction under Sections 10(a),

6-20     (b), (c), (d), and (i) of this Act; and

6-21                       (B)  for a purchase transaction under Section

6-22     16(a)(9) of this Act.

6-23           (b)  A law enforcement official may adopt a policy requiring

6-24     eligible pawnbrokers operating in the official's jurisdiction to

6-25     provide reportable data to the official under this section.  Each

 7-1     appropriate law enforcement official who adopts policies under this

 7-2     section shall take appropriate steps to receive reportable data

 7-3     required to be provided by an eligible pawnbroker under this

 7-4     section.

 7-5           (c)  Not later than the 60th day after the date an eligible

 7-6     pawnbroker receives notice from an appropriate law enforcement

 7-7     official, the pawnbroker shall notify the official in writing as to

 7-8     whether the pawnbroker has adequate computer hardware and software

 7-9     to provide reportable data under this section.  A pawnbroker who

7-10     does not have adequate computer hardware or software is not an

7-11     eligible pawnbroker.

7-12           (d)  Before the expiration of the 60th day after the date an

7-13     eligible pawnbroker receives notice under Subsection (c) of this

7-14     section, the reporting pawnbroker shall make available all

7-15     reportable data to the appropriate law enforcement official in

7-16     ASCII text in a form normally generated by the eligible

7-17     pawnbroker's computer system on reusable media furnished by the

7-18     appropriate law enforcement official, including diskettes or other

7-19     media acceptable to both the eligible pawnbroker and the law

7-20     enforcement official.  An eligible pawnbroker is not responsible

7-21     for any delay in making available reportable data because of a law

7-22     enforcement official's delay in facilitating receipt of the data.

7-23           (e)  The media by which an eligible pawnbroker provides data

7-24     to an appropriate law enforcement official shall contain the

7-25     reportable data for all transactions during a particular business

 8-1     period of not less than one business day and shall be available to

 8-2     be picked up by the appropriate law enforcement official by the end

 8-3     of the second business day after the business period to which the

 8-4     data relates.

 8-5           (f)  During a test period beginning on the date an eligible

 8-6     pawnbroker begins to provide reportable data as provided by

 8-7     Subsections (d) and (e) of this section, the pawnbroker shall also

 8-8     make available copies of each of the underlying pawn or purchase

 8-9     transaction documents contained in the data to enable the law

8-10     enforcement official to ensure the proper operation of the system.

8-11     The test period shall be a time agreed upon by the law enforcement

8-12     official and the pawnbroker but may not exceed 90 days.

8-13           (g)  An appropriate law enforcement official by written

8-14     notice may require eligible pawnbrokers in the jurisdiction of the

8-15     official to provide reportable data under this section to not more

8-16     than one other law enforcement agency in lieu of transmitting

8-17     reportable data to the law enforcement official.

8-18           (h)  If an eligible pawnbroker or an appropriate law

8-19     enforcement official discovers an error in reportable data from the

8-20     pawnbroker, the pawnbroker shall be permitted not less than 30 days

8-21     from the date of receipt of notice from the law enforcement

8-22     official to correct the error.  If a pawnbroker experiences a

8-23     computer malfunction, the pawnbroker shall be permitted not less

8-24     than 30 days to correct the malfunction.  A pawnbroker making a

8-25     bona fide effort to make the repairs during a period referred to in

 9-1     this subsection is not in violation of the requirements of this

 9-2     section during the period.

 9-3           (i)  Notwithstanding any other provision of this section, a

 9-4     pawnbroker is not obligated to:

 9-5                 (1)  purchase computer hardware or software in order to

 9-6     provide reportable data;

 9-7                 (2)  modify software the pawnbroker owns in order to

 9-8     submit reportable data;

 9-9                 (3)  provide reportable data in a form other than that

9-10     normally produced by a software program already owned by the

9-11     pawnbroker;

9-12                 (4)  take action to deliver the reportable data other

9-13     than making the data available at the pawnbroker's place of

9-14     business; or

9-15                 (5)  make available paper copies of the transaction

9-16     documents underlying the reportable data except as provided in

9-17     Subsection (f) of this section.

9-18           (j)  Reportable data transmitted to an appropriate law

9-19     enforcement official under this section is confidential and may be

9-20     used by the appropriate law enforcement official only to

9-21     investigate and prosecute crimes specifically relating to pledged

9-22     or purchased goods described in the reportable data.

9-23           SECTION 7.  Subsections (d), (o), (p), (q), and (r), Section

9-24     17B, Texas Pawnshop Act (Article 5069-51.17B, Vernon's Texas Civil

9-25     Statutes), are amended to read as follows:

 10-1          (d)  A pawnbroker shall notify the commissioner of all

 10-2    locations at which the pawnbroker or an applicant for a pawnshop

 10-3    license operates a buy shop, secondhand merchandise store, retail

 10-4    outlet, or similar business or any business to which the pawnbroker

 10-5    regularly transfers goods acquired through a pawn or purchase

 10-6    transaction [from the pawnshop].

 10-7          (o)  [The commissioner may adopt rules related to the keeping

 10-8    of firearms used solely for the security of the pawnshop by the

 10-9    pawnbroker.]

10-10          [(p)]  The commissioner may adopt rules related to the use of

10-11    outdoor displays and signs at pawnshops and the maintenance of the

10-12    premises at pawnshops.

10-13          (p) [(q)]  The commissioner shall adopt rules that permit a

10-14    consumer who has filed an offense report with the local law

10-15    enforcement agency to request a pawnbroker to search the records of

10-16    the pawnshop and permit the pawnbroker to assist the consumer and

10-17    the local law enforcement agency in locating and recovering stolen

10-18    property.

10-19          (q) [(r)]  The legislature has exclusive authority regarding

10-20    the operation of pawnshops, except for those matters delegated in

10-21    this Act to the commissioner.  Notwithstanding the provisions of

10-22    this Act, the commissioner has the authority to regulate only those

10-23    business practices which require a pawnshop license.

10-24          SECTION 8.  This Act takes effect September 1, 1997.

10-25          SECTION 9.  The importance of this legislation and the

 11-1    crowded condition of the calendars in both houses create an

 11-2    emergency and an imperative public necessity that the

 11-3    constitutional rule requiring bills to be read on three several

 11-4    days in each house be suspended, and this rule is hereby suspended.