By:  Solomons                                                     H.B. No. 1839


A BILL TO BE ENTITLED
AN ACT
relating to submission of certain information to a law enforcement agency by a pawnbroker. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter E, Chapter 371, Finance Code, is amended by adding Section 371.209 to read as follows: Sec. 371.209 LAW ENFORCEMENT REPORTING. (a) Within 24 hours of a request from a law enforcement agency, a pawnshop shall make available information on a pawn ticket as described in Section 371.157 electronically, unless the law enforcement agency specifically requests a paper format. (b) Information reported electronically under subsection (a) shall be transmitted by a method acceptable to both the pawnshop and the law enforcement agency, but should meet the following minimum standards: (1) the transmission be made using a 3.5 inch reusable diskette, CD-ROM, remote access to secure sites maintained by law enforcement, or remote access to secure bulletin boards or web sites; (2) the information be provided in comma-delimited ASCII text with field titles as the first records of the transmission; (3) the information be sent in batches no smaller than the daily activity; (4) the information include all purchase and pawn transactions in a single transmission; and (5) the law enforcement agency not be given direct access to a pawnshop's computer system. (c) A Law Enforcement Agency who receives information under Subsection (a) may only use the information for the purposes of investigating goods which have been stolen, embezzled, converted, or otherwise wrongfully appropriated or pledged against the will of the owner of the goods or a person holding a perfected security interest in the goods. (d) Information received by a law enforcement agency under subsection (a) that does not relate directly to an investigation described in subsection (c) must be disposed of or destroyed within seven days of receipt. SECTION 2. This Act takes effect September 1, 2004.