1-1     By:  Marchant (Senate Sponsor - Armbrister)           H.B. No. 1511
 1-2           (In the Senate - Received from the House April 22, 1999;
 1-3     April 26, 1999, read first time and referred to Committee on
 1-4     Economic Development; May 14, 1999, reported adversely, with
 1-5     favorable Committee Substitute by the following vote:  Yeas 4, Nays
 1-6     0; May 14, 1999, sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR H.B. No. 1511              By:  Armbrister
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to the operation and regulation of pawnshops.
1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12           SECTION 1.  Section 371.005, Finance Code, is amended to read
1-13     as follows:
1-14           Sec. 371.005.  REGULATORY AUTHORITY.  The legislature has
1-15     exclusive authority regarding the operation of pawnshops, except
1-16     for a matter delegated by this chapter to the commissioner. The
1-17     commissioner has the authority to [under this chapter may] regulate
1-18     only a business practice that requires a pawnshop license.
1-19           SECTION 2.  Section 371.006(c), Finance Code, is amended to
1-20     read as follows:
1-21           (c)  A copy of a rule shall be mailed to each license holder,
1-22     and the rule may not take effect before the 21st day after the
1-23     earliest date on which all of the copies have been mailed.
1-24           SECTION 3.  Section 371.066(a), Finance Code, is amended to
1-25     read as follows:
1-26           (a)  The commissioner may issue a temporary pawnshop license
1-27     on receipt of an application:
1-28                 (1)  to transfer a license from one person to another;
1-29     or
1-30                 (2)  for a license involving principals and owners that
1-31     are substantially identical to those of a pawnshop in operation at
1-32     the time of receipt of the application.
1-33           SECTION 4.  Sections 371.072(d) and (e), Finance Code, are
1-34     amended to read as follows:
1-35           (d)  Subject to Subsection (b), a pawnbroker shall maintain
1-36     for each pawnshop net assets, as that term was defined at the time
1-37     the license was issued, that are used or readily available for use
1-38     in the business of the pawnshop of at least the amount required on:
1-39                 (1)  August 31, 1981, if the pawnbroker held a license
1-40     on that date; or
1-41                 (2)  June 20, 1987, if the pawnbroker held a license on
1-42     that date but did not hold a license on August 31, 1981.
1-43           (e)  Subject to Subsection (d), net [Net] assets must be
1-44     represented by a capital investment unencumbered by a lien or other
1-45     encumbrance and subject to a claim by a general creditor.
1-46           SECTION 5.  Section 371.153(a), Finance Code, is amended to
1-47     read as follows:
1-48           (a)  A pawnbroker shall notify the commissioner before the
1-49     pawnbroker [conducts or] allows another person to conduct at the
1-50     pawnshop a business other than the business of a pawnbroker or the
1-51     business of buying and selling goods.
1-52           SECTION 6.  Section 371.154(b), Finance Code, is amended to
1-53     read as follows:
1-54           (b)  A pawnbroker shall secure [maintain] a bond:
1-55                 (1)  in the amount, not to exceed $5,000, required by
1-56     the commissioner;
1-57                 (2)  in the form required by the commissioner; and
1-58                 (3)  conditioned on compliance with this chapter and
1-59     rules adopted under this chapter.
1-60           SECTION 7.  Section 371.155, Finance Code, is amended to read
1-61     as follows:
1-62           Sec. 371.155.  PAWNSHOP SECURITY.  [(a)]  A pawnshop shall
1-63     have:
1-64                 (1)  one or more alarm systems sufficient to detect and
 2-1     signal unauthorized entry or the presence of an unauthorized person
 2-2     to provide for the security of pledged goods; and
 2-3                 (2)  a safe [of a type approved by the pawnbroker's
 2-4     insurance underwriter] to provide for the security of pledged
 2-5     jewelry.
 2-6           [(b)  The commissioner may adopt rules related to the keeping
 2-7     of firearms used solely for the security of the pawnshop by the
 2-8     pawnbroker.]
 2-9           SECTION 8.  Section 371.162, Finance Code, is amended to read
2-10     as follows:
2-11           Sec. 371.162.  PRESENTATION OF TICKET; PRESUMPTION.  Except
2-12     as provided by Section 371.163(a), a [A] person who presents proper
2-13     identification and a pawn ticket to the pawnbroker is presumed to
2-14     be entitled to redeem the pledged goods described by the pawn
2-15     ticket.
2-16           SECTION 9.  Section 371.163(c), Finance Code, is amended to
2-17     read as follows:
2-18           (c)  The pawnbroker shall record on the written statement:
2-19                 (1)  [the identifying information required by Section
2-20     371.157(2);]
2-21                 [(2)]  the date the statement is made; and
2-22                 (2) [(3)]  the number of the pawn ticket lost,
2-23     destroyed, or stolen.
2-24           SECTION 10.  Section 371.175(a), Finance Code, is amended to
2-25     read as follows:
2-26           (a)  A pawnshop shall identify by a tag or similar means each
2-27     item of goods located in the pawnshop that:
2-28                 (1)  has a retail or sale value of more than $25 [$10];
2-29     and
2-30                 (2)  can be tagged or similarly identified.
2-31           SECTION 11.  Section 371.176, Finance Code, is amended to
2-32     read as follows:
2-33           Sec. 371.176.  TRANSACTIONS WITH MINORS OR PERSONS UNDER THE
2-34     INFLUENCE OF ALCOHOL OR DRUGS PROHIBITED.  A pawnbroker may not:
2-35                 (1)  accept a pledge [enter a pawn transaction with] or
2-36     purchase property from a person under 18 years of age; or
2-37                 (2)  transact business with a person believed to be
2-38     under the influence of alcohol or drugs.
2-39           SECTION 12.  Section 371.182, Finance Code, is amended to
2-40     read as follows:
2-41           Sec. 371.182.  HOLD PERIOD.  The commissioner may [shall]
2-42     designate a reasonable hold period during which a pawnbroker may
2-43     not sell or otherwise dispose of an item of goods acquired and
2-44     offered for sale or other disposition by the pawnbroker.
2-45           SECTION 13.  Section 371.258(b), Finance Code, is amended to
2-46     read as follows:
2-47           (b)  The commissioner may reinstate a suspended pawnshop
2-48     license or pawnshop employee license or issue a new license to the
2-49     person whose license or licenses have been revoked if no fact or
2-50     condition exists that clearly would have justified refusal to issue
2-51     the license originally.
2-52           SECTION 14.  Sections 371.184 and 371.185, Finance Code, are
2-53     repealed.
2-54           SECTION 15.  (a)  This Act takes effect September 1, 1999.
2-55           (b)  Any rules adopted by the commissioner relating to the
2-56     use of an outdoor display or sign at a pawnshop or to the
2-57     maintenance of pawnshop premises under Section 371.184 or 371.185,
2-58     Finance Code, repealed by this Act, are void.
2-59           SECTION 16.  The importance of this legislation and the
2-60     crowded condition of the calendars in both houses create an
2-61     emergency and an imperative public necessity that the
2-62     constitutional rule requiring bills to be read on three several
2-63     days in each house be suspended, and this rule is hereby suspended.
2-64                                  * * * * *