By: Solomons H.B. No. 1839
A BILL TO BE ENTITLED
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
(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
(2) the information be provided in comma-delimited
ASCII text with field titles as the first records of the
(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.