76R10753 WP-F                           
         By Averitt, Lewis of Tarrant, Gutierrez               H.B. No. 1878
         Substitute the following for H.B. No. 1878:
         By Marchant                                       C.S.H.B. No. 1878
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the regulation of pawnbrokers and pawnshop employees.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Section 371.002, Finance Code, is amended to read
 1-5     as follows:
 1-6           Sec. 371.002.  PURPOSES.  The purposes of this chapter are
 1-7     to:
 1-8                 (1)  prevent fraud, unfair practices, discrimination,
 1-9     imposition, and abuse of state residents;
1-10                 (2)  exercise the state's police power to ensure a
1-11     sound system of making pawn loans and transfers of personal
1-12     property by and through pawnshops;
1-13                 (3)  prevent transactions in stolen property and other
1-14     unlawful property transactions by licensing and regulating
1-15     pawnbrokers and pawnshop employees;
1-16                 (4)  provide for licensing and investigation fees;
1-17                 (5)  provide minimum capital requirements for
1-18     pawnbrokers;
1-19                 (6)  ensure financial responsibility to the state and
1-20     its residents and compliance with federal, state, and local law,
1-21     including rules and ordinances; [and]
1-22                 (7)  assist local governments in the exercise of their
1-23     police power; and
1-24                 (8)  prevent overburdening of court dockets by
 2-1     providing an administrative procedure for the handling of disputes
 2-2     over lost or damaged pledged goods.
 2-3           SECTION 2.  Section 371.059, Finance Code, is amended to read
 2-4     as follows:
 2-5           Sec. 371.059.  APPROVAL; ISSUANCE OF LICENSE.  (a)  Subject
 2-6     to Subsection (b), the [The] commissioner shall approve the
 2-7     application and issue a license if the commissioner finds that[:]
 2-8                 [(1)]  the applicant is eligible for the license.
 2-9           (b)  In a county with a population of 250,000 or more, the
2-10     commissioner may not approve[; and]
2-11                 [(2)  for] an application for:
2-12                 (1)  an original license to operate a pawnshop at a
2-13     facility that is not an existing licensed pawnshop at the time the
2-14     application is filed if the proposed facility is located within two
2-15     miles of a licensed pawnshop;
2-16                 (2)  the relocation of a licensed pawnshop to a
2-17     facility that is not an existing licensed pawnshop at the time the
2-18     application is filed and that is located within  one mile of a
2-19     licensed pawnshop; and
2-20                 (3)  the relocation of a licensed pawnshop if at the
2-21     time the application is filed the pawnshop has not been in
2-22     operation at its current location for at least three years, and the
2-23     facility where the pawnshop is to be relocated is further than one
2-24     mile from its existing location and closer than one mile to an
2-25     existing licensed operating pawnshop.
2-26           (c)  Notwithstanding Subsection (b)(3), the commissioner may
2-27     approve an application for the relocation of a licensed pawnshop
 3-1     that needs to relocate marginally further than one mile from its
 3-2     existing location or that at the time the application is made has
 3-3     not been in operation in its current location for at least three
 3-4     years if the necessity for relocation was caused by circumstances
 3-5     beyond the applicant's control.
 3-6           (d)  A determination of distance for purposes of this section
 3-7     is based on a measurement taken from the front door of a facility
 3-8     to the front door of the other facility.  For a facility not in
 3-9     existence at the time the application is filed, the location of the
3-10     front door of the proposed facility must be indicated on
3-11     architectural drawings or comparable professionally prepared
3-12     drawings depicting the facility and the entire boundary of the lot
3-13     or parcel of land to which the facility is to be attached [in or
3-14     the relocation of a pawnshop to a county with a population of at
3-15     least 250,000:]
3-16                       [(A)  there is a public need for the proposed
3-17     pawnshop; and]
3-18                       [(B)  the volume of business in the community in
3-19     which the pawnshop will conduct its business indicates a profitable
3-20     operation is probable].
3-21           SECTION 3.  Section 371.064(a), Finance Code, is amended to
3-22     read as follows:
3-23           (a)  Not later than December 1, a pawnbroker shall pay to the
3-24     commissioner for each license held an annual fee of $125 [$100] for
3-25     the year beginning the next January 1.
3-26           SECTION 4.  Section 371.071, Finance Code, is amended to read
3-27     as follows:
 4-1           Sec. 371.071.  APPLICATION FOR [NOTICE OF] RELOCATION.  [(a)]
 4-2     A pawnbroker who wishes to move a pawnshop from the location
 4-3     provided on the license must make application to the commissioner[:]
 4-4                 [(1)  give notice to the commissioner] before the 30th
 4-5     day preceding the date the pawnbroker moves [if the new location is
 4-6     not subject to Section 371.059(2); or]
 4-7                 [(2)  make application to the commissioner before the
 4-8     60th day preceding the date the pawnbroker moves if the new
 4-9     location is subject to Section 371.059(2).]
4-10           [(b)  When the commissioner receives a notice under
4-11     Subsection (a)(1), the commissioner shall amend the license
4-12     accordingly].
4-13           SECTION 5.  Section 371.072, Finance Code, is amended to read
4-14     as follows:
4-15           Sec. 371.072.  NET ASSETS REQUIREMENT.  (a)  Except as
4-16     provided by Subsection (b) [this section], a pawnbroker shall
4-17     maintain net assets of at least $150,000 that are used or readily
4-18     available for use in the business of each pawnshop.
4-19           (b)  A pawnbroker who held a license under this chapter
4-20     before September 1, 1999, shall maintain net assets that are used
4-21     or readily available for use in the business for that existing
4-22     license of at least the amount required on August 31, 1999.  The
4-23     net assets requirement of this subsection remains in effect without
4-24     regard to a change in ownership or relocation of the license  [If a
4-25     change in ownership or a relocation from a municipality occurs, the
4-26     net assets requirement for a pawnbroker is an amount equal to the
4-27     sum, rounded to the next higher multiple of $5,000, of:]
 5-1                 [(1)  the pawnbroker's outstanding loans on the date of
 5-2     the change of ownership or relocation;]
 5-3                 [(2)  the value of the pawnbroker's inventory on that
 5-4     date; and]
 5-5                 [(3)  an amount equal to five percent of the sum of the
 5-6     amounts described by Subdivisions (1) and (2).]
 5-7           [(c)  The net assets requirement of Subsection (b) may not
 5-8     be:]
 5-9                 [(1)  less than the amount of net assets required
5-10     immediately before the date of the change of ownership or
5-11     relocation; or]
5-12                 [(2)  more than $150,000.]
5-13           [(d)  Subject to Subsection (b), a pawnbroker shall maintain
5-14     for each pawnshop net assets that are used or readily available for
5-15     use in the business of the pawnshop of at least the amount required
5-16     on:]
5-17                 [(1)  August 31, 1981, if the pawnbroker held a license
5-18     on that date; or]
5-19                 [(2)  June 20, 1987, if the pawnbroker held a license
5-20     on that date but did not hold a license on August 31, 1981].
5-21           (c) [(e)]  Net assets must be represented by a capital
5-22     investment unencumbered by a lien or other encumbrance and subject
5-23     to a claim by a general creditor.
5-24           (d) [(f)]  In this section, "capital investment" means:
5-25                 (1)  common or preferred shares and capital or earned
5-26     surplus as those terms are defined by the Texas Business
5-27     Corporation Act if the pawnbroker is a corporation; or
 6-1                 (2)  a substantial equivalent of items described by
 6-2     Subdivision (1), as determined by generally accepted accounting
 6-3     principles, if the pawnbroker is not a corporation.
 6-4           (e)  Subsection (b) applies [(g)  This section does not
 6-5     apply] to a change in ownership that is:
 6-6                 (1)  a transaction involving a different owner who had
 6-7     a significant family or business relationship with a prior owner
 6-8     before the transaction;
 6-9                 (2)  a transaction in which:
6-10                       (A)  only the number or proportionate ownership
6-11     of owners of a business changes; and
6-12                       (B)  an individual who was not an owner before
6-13     the transaction is not an owner after the transaction; or
6-14                 (3)  a change in ownership that occurs by testate or
6-15     intestate disposition.
6-16           SECTION 6.  Section 371.101(a), Finance Code, is amended to
6-17     read as follows:
6-18           (a)  An individual who begins employment at a pawnshop must
6-19     apply to the commissioner for a pawnshop employee license not later
6-20     than the 75th [30th] day after the date employment begins.
6-21           SECTION 7.  Section 371.106(a), Finance Code, is amended to
6-22     read as follows:
6-23           (a)  Not later than December 1, a pawnshop employee license
6-24     holder shall pay to the commissioner an annual fee of $15 [$10] for
6-25     the year beginning the next January 1.
6-26           SECTION 8.  Section 371.167(a), Finance Code, is amended to
6-27     read as follows:
 7-1           (a)  A pawnbroker shall replace pledged goods that are lost
 7-2     or damaged while in the pawnbroker's possession with like kind
 7-3     merchandise.  The replacement is subject to approval by the
 7-4     commissioner and the pledgor must exhaust this administrative
 7-5     remedy with respect to the lost or damaged pledged goods before
 7-6     seeking a remedy in court.
 7-7           SECTION 9.  Section 371.258, Finance Code, is amended by
 7-8     adding Subsection (c) to read as follows:
 7-9           (c)  The commissioner shall reinstate an expired pawnbroker
7-10     license if, not later than the 180th day after the date on which
7-11     the license expired, the pawnbroker pays the commissioner the
7-12     delinquent $125 annual fee plus a reinstatement fee of $1,000.
7-13     After a pawnbroker's license has expired, the commissioner shall
7-14     promptly send notice of reinstatement rights to the delinquent
7-15     pawnbroker by certified mail.
7-16           SECTION 10.  (a)  This Act takes effect September 1, 1999.
7-17     The changes in law made by this Act to Sections 371.059 and
7-18     371.071, Finance Code, apply only to applications filed on or after
7-19     the effective date of this Act.
7-20           (b)  An application filed before the effective date of this
7-21     Act is covered by the law in effect when the application was
7-22     submitted, and the former law is continued in effect for that
7-23     purpose.
7-24           SECTION 11.  The importance of this legislation and the
7-25     crowded condition of the calendars in both houses create an
7-26     emergency and an imperative public necessity that the
7-27     constitutional rule requiring bills to be read on three several
 8-1     days in each house be suspended, and this rule is hereby suspended.