By Keel                                               H.B. No. 2676
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to law enforcement procedures for electronically obtaining
 1-3     data from pawn shops, recording thumbprints on transaction records,
 1-4     and holding hearings for recovery of stolen property.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  The Texas Pawnshop Act (Chapter 371, of the Texas
 1-7     Finance Code), Section 371.003, is amended to read as follows:
 1-8           Sec. 371.003.  Definitions.  In this chapter:
 1-9                 (1)  "Applicable liabilities" include trade or other
1-10     accounts payable; accrued sales, income, or other taxes; accrued
1-11     expenses; and notes or other payables that are unsecured or secured
1-12     in whole or part by current assets.  The term does not include a
1-13     liability secured by assets other than current assets.
1-14                 (2)  "Chief law enforcement official" means the sheriff
1-15     of the county in which a pawnshop is located or, if a pawnshop is
1-16     located in a municipality, the police chief of the municipality in
1-17     which the pawnshop is located.
1-18                 (3)  "Commissioner" means the consumer credit
1-19     commissioner.
1-20                 (4)  "Current assets" include an investment made in
1-21     cash, bank deposits, merchandise inventory, and loans due from
 2-1     customers, excluding the pawn service charge.  The term does not
 2-2     include an investment made in:
 2-3                       (a)  fixed assets of real estate, furniture,
 2-4     fixtures, or equipment;
 2-5                       (b)  stocks, bonds, or other securities; or
 2-6                       (c)  prepaid expenses or other general
 2-7     intangibles.
 2-8                 (4)  "Designated law enforcement official" means any
 2-9     law enforcement official or employee working for a recognized law
2-10     enforcement agency, who is designated by the Chief law enforcement
2-11     official over the jurisdiction in which the pawn shop operates, to
2-12     monitor and work with pawn shops.
2-13                 (5)  "Goods" means tangible personal property.
2-14                 (6)  "Misappropriated" means stolen, embezzled,
2-15     converted, or otherwise wrongfully appropriated against the will or
2-16     without the effective consent of the rightful owner.
2-17                 (7)  "Net assets" means the book value of current
2-18     assets less applicable liabilities.
2-19                 (8)  "Pawnbroker" means a person engaged in the
2-20     business of:
2-21                       (a)  lending money on the security of pledged
2-22     goods; or
2-23                       (b)  purchasing goods on condition that the goods
2-24     be redeemed or repurchased by the seller for a fixed price within a
2-25     fixed period.
 3-1                 (9)  "Pawnshop" means a location at which or premises
 3-2     in which a pawnbroker regularly conducts business.
 3-3                 (10)  "Pawn transaction" means the pledging with a
 3-4     pawnbroker of a single item of goods as security for a loan of
 3-5     money.
 3-6                 (11)  "Pledged goods" means goods deposited with or
 3-7     otherwise delivered into the possession of a pawnbroker in
 3-8     connection with a pawn transaction.
 3-9                 (12)  "Pledgor" means an individual who pledges goods
3-10     to a pawnbroker in connection with a pawn transaction.
3-11           SECTION 2.  The Texas Pawnshop Act (Chapter 371, Texas
3-12     Finance Code), is amended by adding Section 371.186 to read as
3-13     follows:
3-14           Sec. 371.186.  PROVIDING DATA TO LAW ENFORCEMENT OFFICIALS BY
3-15     ELECTRONIC MEANS.  (a)  In this section, "reportable data" means
3-16     the information required to be recorded by pawnbrokers for pawn
3-17     transactions  under Sections 371.157 of this Act and the
3-18     information required to be recorded by pawnbrokers for purchase
3-19     transactions under Section 371.177 of this Act.
3-20           (b)  A Chief law enforcement official may, by formal action
3-21     of the governing body of the county or municipality, require
3-22     reporting pawnbrokers within the jurisdiction of such official to
3-23     provide all reportable data to a designated law enforcement
3-24     official by electronic means, in lieu of the paper documents, as
3-25     described in this section.
 4-1           (c)  This section applies only to a pawnbroker who, at the
 4-2     time of receipt of written notice from a Chief law enforcement
 4-3     official under subsection (d) of this section, possesses and uses
 4-4     the computer equipment capable of complying with the requirements
 4-5     for providing reportable data under this section and, for the most
 4-6     recent preceding period of January 1 through December 31, conducted
 4-7     at least 1,200 pawn and or purchase transactions.  A pawnbroker who
 4-8     becomes eligible for application of this section remains eligible
 4-9     regardless of the number of pawn and or purchase transactions
4-10     conducted in subsequent periods.
4-11           (d)  If the pawnbroker possesses and uses adequate computer
4-12     equipment, the pawnbroker shall, before the end of the six-month
4-13     period after the date of the receipt of the notice from the Chief
4-14     law enforcement official, make available all reportable data to the
4-15     designated law enforcement official in an ASCII text form utilizing
4-16     the Texas uniform reporting format as prescribed by the
4-17     commissioner or a format agreed upon by the Chief law enforcement
4-18     official and the pawnbroker.  The data shall be reported on
4-19     reusable diskette media provided by the law enforcement official,
4-20     or on a secure telephone modem transmission, or hosted bulletin
4-21     board system that is mutually acceptable to the reporting
4-22     pawnbroker and the designated law enforcement official.  A
4-23     pawnbroker who does not possess and use adequate computer hardware
4-24     and software shall comply with the requirements of this section
4-25     within 180 days from the date the pawnbroker obtains capable
 5-1     computer hardware and software.  A pawnbroker is not responsible
 5-2     for any delay that results from the law enforcement official's
 5-3     delay in facilitating the receipt of the data.
 5-4           (e)  The medium in which a pawnbroker provides data to the
 5-5     designated law enforcement official must contain the reportable
 5-6     data for all transactions during a particular business period of
 5-7     not less than one business day and must be made available to be
 5-8     picked up by or transmitted to the designated law enforcement
 5-9     official by the end of the second business day after the business
5-10     period to which the data relates.
5-11           (f)  During a test period beginning on the date a pawnbroker
5-12     begins to provide reportable data under this section, the
5-13     pawnbroker shall continue to make available copies of each of the
5-14     underlying pawn or purchase transaction documents to enable the
5-15     designated law enforcement official to ensure the proper operation
5-16     of the system for providing the data.  The test period shall
5-17     continue until the system is properly operating and transmitting
5-18     data to the satisfaction of the designated law enforcement
5-19     official.
5-20           (g)  A pawnbroker is responsible for training the
5-21     pawnbroker's employees in correct data reporting and shall make
5-22     every effort to provide complete and accurate data to the
5-23     designated law enforcement official.  If a pawnbroker or the
5-24     designated law enforcement official discovers an error in the
5-25     provision of reportable data by that pawnbroker, the pawnbroker
 6-1     shall be allowed a period of 30 days after the date of receipt of
 6-2     notice from the law enforcement official to correct the error.  If
 6-3     a pawnbroker experiences a computer malfunction, the pawnbroker
 6-4     shall be allowed a period of 30 days in which to correct the
 6-5     malfunction.  A pawnbroker who makes a bona fide effort to make the
 6-6     appropriate system repairs during the periods prescribed by this
 6-7     subsection is not in violation of this section during those
 6-8     periods.  During those periods of error or malfunction, the
 6-9     pawnbroker shall provide paper copies of the transaction tickets to
6-10     the designated law enforcement official and any reduced hold period
6-11     for purchased goods shall revert to the standard hold period for
6-12     property as set out in Section 371.182 of this Act.
6-13           (h)  All reportable data transmitted or furnished to any law
6-14     enforcement official under this Act is confidential and may be used
6-15     by that official only for official law enforcement related
6-16     investigations.  A pawnbroker may not be held liable for furnishing
6-17     the information required by this Act to a law enforcement agency.
6-18           (i)  In order to provide a uniform means of communication
6-19     between the pawnbrokers and law enforcement, a Texas uniform
6-20     reporting format shall be established.  A committee shall be formed
6-21     under the direction of the Consumer Credit Commissioner consisting
6-22     of representatives of the pawnbroker industry, law enforcement and
6-23     computer software industry.  The committee shall review and
6-24     recommend to the Commissioner, no later than November 1, 1999, a
6-25     format to be designated by the Commissioner as the Texas uniform
 7-1     reporting format for use by pawnbrokers transmitting reportable
 7-2     data to law enforcement agencies.
 7-3           SECTION 3.  The Texas Pawnshop Act (Chapter 371, Texas
 7-4     Finance Code), is amended by adding Section 371.187 to read as
 7-5     follows:
 7-6           Sec. 371.187.  ALTERNATIVE RECIPIENTS OF ELECTRONIC DATA.  A
 7-7     Chief law enforcement official may, by formal action of the
 7-8     governing body of the county or municipality, require pawnbrokers
 7-9     within the jurisdiction of such official to provide all reportable
7-10     data, pursuant to Section 351.186, to an alternative law
7-11     enforcement agency (but not more than one such alternative
7-12     recipient) in lieu of transmitting reportable data to that Chief
7-13     law enforcement official, for the purpose of operating a regional
7-14     clearinghouse of the reportable data.  That alternative recipient
7-15     shall be known as the designated law enforcement official for that
7-16     jurisdiction for reporting purposes only.
7-17           SECTION 4.  The Texas Pawnshop Act (Chapter 371, Texas
7-18     Finance Code), is amended by adding Section 371.188 to read as
7-19     follows:
7-20           Sec. 371.188.  POLICE HOLDS.  (a)  If any law enforcement
7-21     official has reasonable suspicion to believe that property in the
7-22     possession of a pawnbroker has been misappropriated, the official
7-23     may place a hold order on the property as provided by this section.
7-24           (b)  Any law enforcement official may place a hold order
7-25     verbally, but if the pawnbroker does not receive a written order
 8-1     within 10 days after the date of the verbal order, the verbal hold
 8-2     order automatically expires.  The term of a written hold order may
 8-3     not exceed 60 days from the earlier of the date of the verbal hold
 8-4     order or the date of receipt by the pawnbroker of the written hold
 8-5     order.  If there is an unexpected delay in the investigation
 8-6     relating to the property, the law enforcement official may extend
 8-7     the term of the hold order for up to an additional 30 days by
 8-8     notifying the pawnbroker in writing.  The hold order shall
 8-9     automatically expire upon expiration of the hold period and/or
8-10     extension.
8-11           (c)  A hold order must specify:
8-12                 (1)  the name and address of the pawnbroker;
8-13                 (2)  the name, title, identification number and phone
8-14     number of the law enforcement official placing the hold order;
8-15                 (3)  a complete description of the property to be held,
8-16     including model number and serial number, if applicable, and the
8-17     ticket number assigned to the property;
8-18                 (4)  the name of the person reporting the property to
8-19     be misappropriated, if known;
8-20                 (5)  the expiration date of the holding period; and
8-21                 (6)  the name of the law enforcement agency that
8-22     prepared the investigative report and the number of the report the
8-23     investigation is being based upon.
8-24           (d)  A written hold order may be transmitted to the
8-25     pawnbroker by facsimile machine, mail, or personally delivered.
 9-1           (e)  Except as provided by this subsection, the pawnbroker
 9-2     may not release or dispose of property subject to a hold order
 9-3     except under a search warrant, court order, release authorization
 9-4     from the official placing the item on hold, seizure by a law
 9-5     enforcement official, or the expiration of the hold period.  A
 9-6     pawnbroker shall release property to the custody of a law
 9-7     enforcement official on the official's request for use in a
 9-8     criminal investigation if the official has furnished the pawnbroker
 9-9     with a written receipt for the property.  The release of the
9-10     property to the custody of the official is not considered to be a
9-11     waiver or release of the pawnbroker's rights or interest in the
9-12     property.  On the earlier of the completion of the criminal
9-13     investigation or the expiration of the hold period, the property
9-14     shall be returned to the pawnbroker who released it unless a court
9-15     order provides for other disposition.  If other disposition is
9-16     ordered, the court may order the pledgor or seller to pay
9-17     restitution to the pawnbroker in the amount received by the pledgor
9-18     or seller for the property, plus accrued pawn service charges to
9-19     the date of seizure, in the case of pawn transactions, and
9-20     reasonable attorney's fees and costs.
9-21           SECTION 5.  The Texas Pawnshop Act (Chapter 371, Texas
9-22     Finance Code), Section 371.182 is amended to read as follows:
9-23           Sec. 371.182.  HOLD PERIOD.  A pawnbroker [The commissioner]
9-24     shall [designate a reasonable] hold for not less than 20 calendar
9-25     days [period before a sale or other disposition of] an item of
 10-1    tangible personal property purchased or otherwise acquired from the
 10-2    general public before the property may be modified, changed, sold,
 10-3    or disposed of in any manner [by a pawnbroker and offered for sale
 10-4    or other disposition by the pawnbroker].  The Commissioner may
 10-5    provide for a hold period of 10 days upon written application by a
 10-6    pawnbroker.  A reduction in the hold period may be granted only if
 10-7    the pawnbroker and the chief law enforcement officer have
 10-8    implemented a procedure for transmitting reportable electronic data
 10-9    under Sections 371.186 or 371.187 of this Act.  An application for
10-10    a shorter hold period must be approved by the Chief law enforcement
10-11    official before the application is submitted to the Commissioner by
10-12    the pawnbroker.
10-13          SECTION 6.  The Texas Pawnshop Act (Chapter 371, Texas
10-14    Finance Code), Section 371.157, is amended to read as follows:
10-15          Sec. 371.157.  Pawn Ticket.  (a)  A pawnbroker, at the time a
10-16    pawn transaction is entered, shall deliver to the pledgor a pawn
10-17    ticket or other memorandum that clearly shows:
10-18                (1)  the name and address of the pawnshop;
10-19                (2)  the pledgor's name, address, telephone number, and
10-20    physical description and [a driver's license number, military
10-21    identification number, identification certificate number, or other
10-22    official number that can identify the pledgor] the number of the
10-23    unexpired identification of the pledgor as required in section
10-24    371.174;
10-25                (3)  the date of the transaction;
 11-1                (4)  an identification and complete description of the
 11-2    pledged goods, including serial numbers if reasonably available;
 11-3                (5)  the amount of cash advanced or credit extended to
 11-4    the pledgor, designated as "Amount Financed";
 11-5                (6)  the amount of the pawn service charge, designated
 11-6    as "Finance Charge";
 11-7                (7)  the total amount, consisting of the amount
 11-8    financed plus the finance charge, that must be paid to redeem the
 11-9    pledged goods on the maturity date, designated as "Total of
11-10    Payments";
11-11                (8)  the "Annual Percentage Rate," computed according
11-12    to regulations issued by the Federal Reserve Board under the Truth
11-13    in lending Act (15 U.S.C.  Section 1601 et seq.), as amended;
11-14                (9)  the maturity date of the pawn transaction; and
11-15                (10)  a statement that:
11-16                      (A)  the pledgor is not obligated to redeem the
11-17    pledged goods; and
11-18                      (B)  the pledged goods may be forfeited to the
11-19    pawnbroker on the 61st day after the maturity date.
11-20          (b)  The pawnbroker shall record a legible thumbprint of the
11-21    pledgor on the forth part of the pawn ticket or that part
11-22    numerically filed and retained by the pawnbroker.
11-23          SECTION 7.  The Texas Pawnshop Act (Chapter 371, Texas
11-24    Finance Code), Section 371.177, is amended to read as follows:
11-25          Sec. 371.177.  Purchase of Used Personal Property.  (a)  A
 12-1    pawnbroker may not purchase property from a person other than
 12-2    another pawnbroker or authorized vendor unless a record is
 12-3    established that contains:
 12-4                (1)  the seller's name, address, telephone number, and
 12-5    physical description and [a driver's license number, military
 12-6    identification number, identification certificate number, or other
 12-7    official number that can identify the seller] the number of the
 12-8    unexpired identification of the seller as required in section
 12-9    371.174;
12-10                (2)  a complete description of the property, including
12-11    the serial number, if reasonably available, or other identifying
12-12    characteristics;
12-13                (3)  the seller's signed statement that the seller has
12-14    the right to sell the property.
12-15          (b)  The pawnbroker shall record a legible thumbprint of the
12-16    seller on the part of the purchase ticket numerically filed and
12-17    retained by the pawnbroker.
12-18          SECTION 8.  Chapter 47, Texas Code of Criminal Procedure,
12-19    Article 47.01a is amended to read as follows:
12-20          Art. 47.01a.  Restoring [When No Trial is Pending] Property
12-21    to Owner (a)  [If a criminal action relating to stolen property is
12-22    not pending, a] A district judge, county court judge, statutory
12-23    county court judge, or justice of the peace having jurisdiction in
12-24    the county in which the property is being held or a municipal judge
12-25    having jurisdiction in the municipality in which the property is
 13-1    being held may hold a hearing to determine the right to possession
 13-2    of the property, upon the petition of an interested person, a
 13-3    county, a city, or the state.
 13-4          SECTION 9.  This Act takes effect September 1, 1999.
 13-5          SECTION 10.  The importance of this legislation and the
 13-6    crowded condition of the calendars in both houses create an
 13-7    emergency and an imperative public necessity that the
 13-8    constitutional rule requiring bills to be read on three several
 13-9    days in each house be suspended, and this rule is hereby suspended.