By Averitt                                            H.B. No. 1878
         76R5221 WP-F                           
                                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     requiring administrative handling of disputes over lost or damaged
 2-2     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)  The commissioner may not approve[; and]
2-10                 [(2)  for] an application for:
2-11                 (1)  an original license to operate a pawnshop at a
2-12     facility that is not an existing licensed pawnshop at the time the
2-13     application is filed if the proposed facility is located within two
2-14     miles of a licensed pawnshop;
2-15                 (2)  the relocation of a licensed pawnshop to a
2-16     facility that is not an existing licensed pawnshop at the time the
2-17     application is filed and that is located within  one mile of a
2-18     licensed pawnshop; and
2-19                 (3)  the relocation of a licensed pawnshop if at the
2-20     time the application is filed the pawnshop has not been in
2-21     operation at its current location for at least three years, and the
2-22     facility where the pawnshop is to be relocated is further than one
2-23     mile from its existing location and closer than one mile to an
2-24     existing licensed operating pawnshop.
2-25           (c)  Notwithstanding Subsection (b)(3), the commissioner may
2-26     approve an application for the relocation of a licensed pawnshop
2-27     that at the time the application is made has not been in operation
 3-1     in its current location for at least three years if the necessity
 3-2     for relocation was caused by circumstances beyond the applicant's
 3-3     control.
 3-4           (d)  A determination of distance for purposes of this section
 3-5     is based on a measurement taken from the front door of a facility
 3-6     to the front door of the other facility.  For a facility not in
 3-7     existence at the time the application is filed, the location of the
 3-8     front door of the proposed facility must be indicated on
 3-9     architectural drawings or comparable professionally prepared
3-10     drawings depicting the facility and the entire boundary of the lot
3-11     or parcel of land to which the facility is to be attached [in or
3-12     the relocation of a pawnshop to a county with a population of at
3-13     least 250,000:]
3-14                       [(A)  there is a public need for the proposed
3-15     pawnshop; and]
3-16                       [(B)  the volume of business in the community in
3-17     which the pawnshop will conduct its business indicates a profitable
3-18     operation is probable].
3-19           SECTION 3.  Section 371.258, Finance Code, is amended by
3-20     adding Subsection (c) to read as follows:
3-21           (c)  The commissioner shall reinstate an expired pawnbroker
3-22     license if, not later than the 180th day after the date on which
3-23     the license expired, the pawnbroker pays the commissioner the
3-24     delinquent $100 annual fee plus a reinstatement fee of $900.  After
3-25     a pawnbroker's license has expired, the commissioner shall send
3-26     notice of reinstatement rights to the delinquent pawnbroker every
3-27     30 days until the earlier of:
 4-1                 (1)  the date on which the reinstatement payment is
 4-2     received by the commissioner under this subsection; or
 4-3                 (2)  the expiration of the period provided for
 4-4     reinstatement under this subsection.
 4-5           SECTION 4.  Section 371.071, Finance Code, is amended to read
 4-6     as follows:
 4-7           Sec. 371.071.  APPLICATION FOR [NOTICE OF] RELOCATION.  [(a)]
 4-8     A pawnbroker who wishes to move a pawnshop from the location
 4-9     provided on the license must make application to the commissioner:
4-10                 (1)  [give notice to the commissioner] before the 30th
4-11     day preceding the date the pawnbroker moves if, at the time the
4-12     application is made, the pawnshop has been in operation in the
4-13     [new] location provided on the license for at least three years [is
4-14     not subject to Section 371.059(2)]; or
4-15                 (2)  [make application to the commissioner] before the
4-16     60th day preceding the date the pawnbroker moves if, at the time
4-17     the application is made, the pawnshop has been in operation in the
4-18     [new] location provided on the license for less than three years
4-19     [is subject to Section 371.059(2)].
4-20           [(b)  When the commissioner receives a notice under
4-21     Subsection (a)(1), the commissioner shall amend the license
4-22     accordingly.]
4-23           SECTION 5.  Section 371.072, Finance Code, is amended to read
4-24     as follows:
4-25           Sec. 371.072.  NET ASSETS REQUIREMENT.  (a)  Except as
4-26     provided by Subsection (b) [this section], a pawnbroker shall
4-27     maintain net assets of at least $150,000 that are used or readily
 5-1     available for use in the business of each pawnshop.
 5-2           (b)  A pawnbroker shall maintain net assets that are used or
 5-3     readily available for use in the business of each pawnshop of at
 5-4     least the amount required on the date on which the license was
 5-5     originally issued to the pawnbroker.  The net assets requirement of
 5-6     this subsection remains in effect without regard to a change in
 5-7     ownership or relocation of the license.  [If a change in ownership
 5-8     or a relocation from a municipality occurs, the net assets
 5-9     requirement for a pawnbroker is an amount equal to the sum, rounded
5-10     to the next higher multiple of $5,000, of:]
5-11                 [(1)  the pawnbroker's outstanding loans on the date of
5-12     the change of ownership or relocation;]
5-13                 [(2)  the value of the pawnbroker's inventory on that
5-14     date; and]
5-15                 [(3)  an amount equal to five percent of the sum of the
5-16     amounts described by Subdivisions (1) and (2).]
5-17           [(c)  The net assets requirement of Subsection (b) may not
5-18     be:]
5-19                 [(1)  less than the amount of net assets required
5-20     immediately before the date of the change of ownership or
5-21     relocation; or]
5-22                 [(2)  more than $150,000.]
5-23           [(d)  Subject to Subsection (b), a pawnbroker shall maintain
5-24     for each pawnshop net assets that are used or readily available for
5-25     use in the business of the pawnshop of at least the amount required
5-26     on:]
5-27                 [(1)  August 31, 1981, if the pawnbroker held a license
 6-1     on that date; or]
 6-2                 [(2)  June 20, 1987, if the pawnbroker held a license
 6-3     on that date but did not hold a license on August 31, 1981.]
 6-4           (c) [(e)]  Net assets must be represented by a capital
 6-5     investment unencumbered by a lien or other encumbrance and subject
 6-6     to a claim by a general creditor.
 6-7           (d) [(f)]  In this section, "capital investment" means:
 6-8                 (1)  common or preferred shares and capital or earned
 6-9     surplus as those terms are defined by the Texas Business
6-10     Corporation Act if the pawnbroker is a corporation; or
6-11                 (2)  a substantial equivalent of items described by
6-12     Subdivision (1), as determined by generally accepted accounting
6-13     principles, if the pawnbroker is not a corporation.
6-14           (e) [(g)]  This section does not apply to a change in
6-15     ownership that is:
6-16                 (1)  a transaction involving a different owner who had
6-17     a significant family or business relationship with a prior owner
6-18     before the transaction;
6-19                 (2)  a transaction in which:
6-20                       (A)  only the number or proportionate ownership
6-21     of owners of a business changes; and
6-22                       (B)  an individual who was not an owner before
6-23     the transaction is not an owner after the transaction; or
6-24                 (3)  a change in ownership that occurs by testate or
6-25     intestate disposition.
6-26           SECTION 6.  Section 371.101(a), Finance Code, is amended to
6-27     read as follows:
 7-1           (a)  An individual who begins employment at a pawnshop must
 7-2     apply to the commissioner for a pawnshop employee license not later
 7-3     than the 90th [30th] day after the date employment begins.
 7-4           SECTION 7.  Section 371.167(a), Finance Code, is amended to
 7-5     read as follows:
 7-6           (a)  A pawnbroker shall replace pledged goods that are lost
 7-7     or damaged while in the pawnbroker's possession with like kind
 7-8     merchandise.  The replacement is subject to approval by the
 7-9     commissioner and is the pledgor's sole and exclusive remedy with
7-10     respect to the lost or damaged pledged goods.
7-11           SECTION 8.  (a)  This Act takes effect September 1, 1999.
7-12     The changes in law made by this Act to Sections 371.059 and
7-13     371.071, Finance Code, apply only to applications filed on or after
7-14     the effective date of this Act.
7-15           (b)  An application filed before the effective date of this
7-16     Act is covered by the law in effect when the application was
7-17     submitted, and the former law is continued in effect for that
7-18     purpose.
7-19           SECTION 9.  The importance of this legislation and the
7-20     crowded condition of the calendars in both houses create an
7-21     emergency and an imperative public necessity that the
7-22     constitutional rule requiring bills to be read on three several
7-23     days in each house be suspended, and this rule is hereby suspended.