SRC-JXG C.S.H.B. 1878 76(R)BILL ANALYSIS


Senate Research CenterC.S.H.B. 1878
76R15508 WP-DBy: Averitt (Harris)
Economic Development
5/13/1999
Committee Report (Substituted)


DIGEST 

Currently, the license reinstatement period for a pawnshop and the license
filing period for a pawnshop employee create delays for the pawnshop
industry and its regulators. The licensing requirement for new pawnshops
entails an investigational process by which the commissioner of consumer
credit (commissioner) determines eligibility for a pawnshop license.
Additionally, disputes regarding lost or damaged goods have crowded court
dockets. C.S.H.B. 1878 would set forth provisions regarding applications
for new pawnshops; relocation of pawnshops; license reinstatement period
for pawnshops; and license requirements for pawnshop employees; and would
clarify the requirements for net assets. 

PURPOSE

As proposed, C.S.H.B. 1878 sets forth provisions regarding the regulation
of pawnshops and pawnshop employees. 
 
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 371.059, Finance Code, as follows:

Sec. 371.059.  APPROVAL; ISSUANCE OF LICENSE.  Requires the commissioner of
consumer credit (commissioner) to approve the application and issue a
license, subject to Subsection (b).  

(b) Requires the commissioner to approve an application for an original
license to operate a pawnshop at a facility that is not an existing
licensed pawnshop at the time the application is filed if the proposed
facility is not located within two miles of a licensed pawnshop; the
relocation of a licensed pawnshop to a facility that is not an existing
licensed pawnshop at the time the application is filed if the facility
where the pawnshop is to be relocated is not located within one mile of a
licensed pawnshop; and the relocation of a licensed pawnshop if at the time
the application is filed the pawnshop has been in operation at its current
location for at least three years, and the facility where the pawnshop is
to be relocated either within one mile of its existing location, or if in
excess of one mile from its existing location, not within one mile of
another existing operating pawnshop, in a county with a population of
250,000 or more.  Makes conforming changes. 

(c) Authorizes the commissioner to approve an application for the
relocation of a licensed pawnshop that needs to relocate marginally further
than one mile from its existing location, or that at the time the
application is made has not been in operation in its current location for
at least three years if the necessity for relocation was caused by
circumstances beyond the applicant's control, notwithstanding Subsection
(b)(3).   

(d) Provides that a determination of distance for purposes of this section
is based on a measurement taken from the front door of a facility to the
front door of the other facility. Requires the location of the front door
of the proposed facility to be indicated on  architectural drawings or
comparable professionally prepared drawings depicting the facility and the
entire boundary of the lot or parcel of land to which the facility is to be
attached, for a facility not in existence at the time the application is
filed.  Deletes text regarding the relocation of a pawnshop in a county
with a population of at least 250,000.  Makes conforming and nonsubstantive
changes. 

SECTION 2. Amends Section 371.064(a), Finance Code, to require a
pawnbroker,  no later than December 1, to pay to the commissioner for each
license held an annual fee of $125, rather than $100, for the year
beginning the next January 1. 

SECTION 3. Amends Section 371.071, Finance Code, as follows:

Sec. 371.071. New heading:  APPLICATION FOR RELOCATION.  Requires a
pawnbroker who wishes to move a pawnshop from the location provided on the
license to make application to the commissioner. Deletes text regarding
submitting an application to the commissioner to relocate a pawnshop. Makes
a nonsubstantive change. 

SECTION 4. Amends Section 371.072, Finance Code, to require a pawnbroker to
maintain net assets of at least $150,000 that are used or readily available
for use in the business of each pawnshop, except as provided by Subsection
(b). Requires a pawnbroker who held a license under this chapter before
September 1, 1999, to maintain net assets that are used or readily
available for use in the business for that existing license of at least the
amount required on August 31, 1999. Provides that the net assets
requirement of this subsection remains in effect without regard to a change
in ownership or relocation of the license. Provides that Subsection (b)
applies to a change in ownership under certain conditions.  Deletes text
regarding net assets.  Makes conforming changes. 
  
SECTION 5. Amends Section 371.101(a), Finance Code, to require an
individual who begins employment at a pawnshop to apply to the commissioner
for a pawnshop employee license no later than the 75th day, rather than
30th, after the date employment begins. 

SECTION 6. Amends Section 371.106(a), Finance Code, to require a pawnshop
employee license holder, no later than December 1, to pay the commissioner
an annual fee of $15, rather than $10, for the year beginning the next
January 1.  

SECTION 7. Amends Section 371.167(a), Finance Code, to provide that the
replacement is subject to approval by the commissioner and the pledgor must
exhaust this administrative remedy with respect to the lost or damaged
pledged goods before seeking a remedy in court.  Authorizes the pledgor to
seek a remedy in court, if the commissioner does not approve a replacement
before the 91st day after the date on which the commissioner receives a
complaint from the pledgor concerning the lost or damaged goods, or if the
pledgor does not accept the commissioner's determination. 

SECTION 8. Amends Section 371.258, Finance Code, by adding Subsection (c),
to require the commissioner to reinstate an expired pawnbroker license if,
no later than the 180th day after the date on which the license expired,
the pawnbroker pays the commissioner the delinquent $125 annual fee plus a
reinstatement fee of $1,000.  Requires the commissioner to promptly send
notice of reinstatement rights to the delinquent pawnbroker by certified
mail, after a pawnbroker's licensed has expired.   

SECTION 9.  (a) Effective date: September 1, 1999.  

 (b) Makes application of this Act prospective.

(c) Provides that the net assets requirement under Section 371.072, Finance
Code, as amended by this Act, for an existing license on the effective date
of this Act remain in effect as the net assets requirement that existed
immediately before the effective date of this Act. 

SECTION 10. Emergency clause.