By Hochberg H.B. No. 2569
Substitute the following for H.B. No. 2569:
By Averitt C.S.H.B. No. 2569
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the requirements of pawnbrokers concerning reporting
1-3 information and handling property involved in a law enforcement
1-4 investigation.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Chapter 371, Finance Code, is amended by adding
1-7 Subchapter H to read as follows:
1-8 SUBCHAPTER H. PROVIDING DATA TO LAW ENFORCEMENT AGENCIES BY
1-9 ELECTRONIC MEANS
1-10 Sec. 371.351. DEFINITION. In this subchapter, "reportable
1-11 data" means any information that the commissioner requires a
1-12 pawnbroker to regularly report to a law enforcement agency.
1-13 Sec. 371.352. ELECTRONIC REPORTING AUTHORIZED. (a) A
1-14 pawnbroker may provide reportable data to a law enforcement agency
1-15 by electronic means, in a manner and form specified by the law
1-16 enforcement agency.
1-17 (b) If a pawnbroker is unable to electronically provide
1-18 reportable data in a timely manner for any reason, including a
1-19 computer malfunction, the pawnbroker shall provide paper copies of
1-20 the reportable data to the law enforcement agency.
1-21 Sec. 371.353. CONFIDENTIALITY. Reportable data transmitted
1-22 to a law enforcement agency under this subchapter is confidential,
1-23 is not subject to disclosure under Chapter 552, Government Code,
1-24 and may be used by the agency only for official law enforcement
2-1 purposes.
2-2 SECTION 2. Subchapter D, Chapter 371, Finance Code, is
2-3 amended by adding Section 371.1821 to read as follows:
2-4 Sec. 371.1821. POLICE HOLD. (a) If an official of a law
2-5 enforcement agency has reasonable suspicion to believe that
2-6 property in the possession of a pawnbroker is stolen, the official
2-7 may place a hold order on the property requiring that the
2-8 pawnbroker not dispose of or release the property.
2-9 (b) The order may require that the property be held for any
2-10 period. If the order does not specify a hold period, a hold order
2-11 is effective until the 91st day after:
2-12 (1) the date a verbal hold order is placed; or
2-13 (2) the date a written hold order is received by the
2-14 pawnbroker.
2-15 (c) A pawnbroker may not dispose of or release property
2-16 subject to a hold order except:
2-17 (1) under a court order;
2-18 (2) under a release authorization from the law
2-19 enforcement agency placing the property on hold;
2-20 (3) on the seizure of the property by a law
2-21 enforcement official; or
2-22 (4) on the expiration of the hold period.
2-23 (d) A law enforcement official may renew a hold order at any
2-24 time during the period that the hold order is effective. The
2-25 official may renew the order for any period, but if the law
2-26 enforcement official does not specify a period for the hold order
2-27 to remain in effect, the renewed hold order is effective until the
3-1 91st day after the date of expiration of the preceding hold period.
3-2 SECTION 3. (a) The Finance Commission of Texas and the
3-3 Department of Information Resources shall create and direct a
3-4 committee consisting of representatives of the pawnbroker industry,
3-5 law enforcement, and the computer software industry to devise one
3-6 or more standard formats for pawnbrokers to electronically provide
3-7 reportable data to law enforcement agencies.
3-8 (b) The committee shall review and recommend to the Finance
3-9 Commission of Texas, not later than January 1, 2002, formats to be
3-10 designated by the Commission that law enforcement agencies may
3-11 adopt as the required format for pawnbrokers to use for
3-12 electronically transmitting reportable data under Subchapter H,
3-13 Chapter 371, Finance Code, as added by this Act.
3-14 SECTION 4. This Act takes effect September 1, 2001.