SRC-JBJ H.B. 1511 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 1511
By: Marchant (Armbrister)
Economic Development
5/10/1999
Engrossed


DIGEST 

In 1997, the legislature passed H.B. 10, which provided for nonsubstantive
revisions to Texas statutes relating to finance, including the Texas
Banking Act, Texas Savings and Loan Act, Texas Savings Bank Act, Texas
Credit Union Act, the Texas Pawnshop Act, and various other statutes
relating to financial institutions, businesses, and credit transactions.
The bill included conforming amendments, repealers, and penalties for the
purpose of making the statutes more accessible without altering the sense,
meaning, or effect of the law.  

H.B. 1511 would add additional clarifying language into the Texas Pawnshop
Act and update existing sections of the Act.  The legislature, rather than
the consumer credit commissioner (commissioner), would receive exclusive
authority to regulate the operation of pawnshops.  The commissioner does
retain the power to regulate a business practice that requires a pawnshop
license. 

PURPOSE

As proposed, H.B. 1511 amends the regulation of the operation of pawnshops.

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 371.005, Finance Code, to grant the legislature
the exclusive authority regarding the operation of pawnshops, except for a
matter delegated by this chapter to the commissioner (commissioner).
Provides that the commissioner has the authority to regulate only a
business practice that requires a pawnshop license. 

SECTION 2.  Amends Section 371.006(c), Finance Code, to prohibit a rule
from taking effect before a certain date on which all copies of the rule
have been mailed. 

SECTION 3.  Amends Section 371.066(a), Finance Code, to authorize the
commissioner to issue a temporary license on receipt of an application for
a license involving principals and owners that are substantially identical
to those of a pawnshop in operation at the time of receipt of the
application.   

SECTION 4.  Amends Sections 371.072(d) and (e), Finance Code, to provide
that net assets is the term that is defined at the time a license is issued
to a pawnbroker who must retain net assets.  Makes conforming changes.   

SECTION 5.  Amends Section 371.153(a), Finance Code, to delete the
requirement that a pawnbroker notify the commissioner before the pawnbroker
conducts a business other than that of a pawnbroker. 

SECTION 6.  Amends Section 371.154(b), Finance Code, to require a
pawnbroker to secure, rather than maintain, certain bonds. 

SECTION 7.  Amends Section 371.155, Finance Code, to delete a provision
that requires a safe to be a type approved by the pawnbroker's insurance
underwriter.  Deletes the authority of the commissioner to adopt rules
related to the keeping of certain firearms used for security. 

SECTION 8.  Amends Section 371.162, Finance Code, to provide an exception
to the presumption that  a person who presents a pawn ticket is the owner
of the goods. 

SECTION 9.  Amend Section 371.163(c), Finance Code, to delete the
requirement that a pawnbroker record on a written instrument the
identifying information required by Section 371.157(2). 

SECTION 10.  Amends Section 371.175(a), Finance Code, to require a
pawnbroker to identify by a tag an item with a retail value greater than
$25, rather than $10. 

SECTION 11.  Amend Section 371.176, Finance Code, to prohibit a pawnbroker
from accepting a pledge from a person under 18 years of age, rather than
from entering a pawn transaction with a person under 18 years of age. 

SECTION 12.  Amends Section 371.182, Finance Code, to authorize, rather
than require, the commissioner to designate a reasonable hold period not to
exceed 10 days. 

SECTION 13.  Amends Section 371.258(b), Finance Code, to authorize the
commissioner to reinstate a suspended pawnshop license or issue a new
license if no condition exists that would have justified refusal to issue
the license originally. 

SECTION 14.  Repealer:  Sections 371.184 and 371.185, Finance Code
(Displays and Signs; and Maintenance of Premises). 

SECTION 15.  (a)  Effective date: September 1, 1999.

(b)  Provides that rules adopted by the commissioner for certain statutes
in the Finance Code repealed by this Act are void. 

SECTION 16.  Emergency clause.