78R5334 ATP-F

By:  Armbrister                                                   S.B. No. 783


A BILL TO BE ENTITLED
AN ACT
relating to property in the custody of a pawnbroker; providing criminal penalties. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter D, Chapter 371, Finance Code, is amended by adding Section 371.1821 to read as follows: Sec. 371.1821. LAW ENFORCEMENT HOLD PROCEDURE; PLEDGE OR SALE OF MISAPPROPRIATED PROPERTY. (a) In this section: (1) "Chief law enforcement officer" means: (A) the sheriff of the county in which the pawnshop is located or the officer of the sheriff's department designated by the sheriff, if the pawnshop is not located in a municipality that maintains a police department; or (B) the police chief of the municipality in which the pawnshop is located or the police officer designated by the police chief, if the pawnshop is located in a municipality that maintains a police department. (2) "Misappropriated" means 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. (b) If a chief law enforcement officer has probable cause to believe that goods in the possession of a pawnbroker are misappropriated, the officer may place a hold order on the goods. (c) Goods subject to a hold order must be physically retained by the pawnbroker in a secure area and may not be released, sold, redeemed, or disposed of unless: (1) the chief law enforcement officer placing the hold order delivers a written release to the pawnbroker; (2) the hold order expires; or (3) a court order, including a search warrant, requires the release, sale, or disposal of the property. (d) A hold order is effective only if it contains: (1) the name of the pawnbroker; (2) the name and mailing address of the pawnshop where the goods are located; (3) the name, title, badge number, case number, and phone number of the chief law enforcement officer placing the hold order; (4) a complete description of the goods to be held, including any model number and serial number, and the related pawn or purchase ticket number; (5) the expiration date of the hold order; and (6) the name of the law enforcement agency that prepared the investigative report and the associated number of the report. (e) The hold order and any extension of the hold order must be signed and dated by the chief law enforcement officer and the pawnbroker or the pawnbroker's designee, as evidence of the hold order's issuance by the chief law enforcement officer, the pawnbroker's receipt of the hold order, and the beginning of the holding period. The chief law enforcement officer shall provide at no cost to the pawnbroker an executed copy of the hold order for the pawnbroker's records. (f) The initial holding period of the hold order may not exceed 60 days. A hold order may be extended for up to two successive 30-day periods on written notification to the pawnbroker before the expiration of the immediately preceding holding period or extension. A hold order may be released before the expiration of the holding period or extension by written release from the chief law enforcement officer who placed the initial hold order. A hold order is considered expired on the expiration date stated on the hold order if the holding period is not extended under this subsection. (g) Goods subject to a hold order may be released to the custody of the chief law enforcement officer for use in a criminal investigation if the officer furnishes a written receipt for the goods. The release of the goods to the custody of the chief law enforcement officer is not considered a waiver or release of the pawnbroker's rights or interest in the goods. The chief law enforcement officer shall return the goods to the pawnbroker on the completion of the criminal investigation or on the expiration of the hold order and any extensions. (h) A person commits an offense if the person pledges with or sells to a pawnbroker misappropriated property. An offense under this subsection is a Class B misdemeanor. SECTION 2. Chapter 371, Finance Code, is amended by adding Subchapter H to read as follows:
SUBCHAPTER H. PROVIDING DATA TO LAW ENFORCEMENT AGENCIES BY ELECTRONIC MEANS
Sec. 371.351. DEFINITIONS. In this subchapter: (1) "Database" means an Internet repository of reportable data. (2) "Provider" means a commercial enterprise primarily engaged in the business of establishing and maintaining one or more Internet databases. (3) "Reportable data" means the information recorded by a pawnbroker under Sections 371.157(1)-(4) and 371.177. Sec. 371.352. ELECTRONIC REPORTING. (a) A pawnbroker who generates computerized pawn and purchase tickets and has access to Internet service on September 1, 2003, shall provide reportable data to a law enforcement agency by transmitting the reportable data electronically, in the format used by the pawnbroker's computer software, to a database as provided by this subchapter. A pawnbroker who is licensed after September 1, 2003, who generates computerized pawn and purchase tickets and has access to Internet service shall provide reportable data to a law enforcement agency by transmitting the reportable data electronically, in the format used by the pawnbroker's computer software, to a database as provided by this subchapter. (b) A pawnbroker who electronically reports information under this subchapter shall transmit reportable data to a law enforcement agency before the seventh day after the date of the transaction to which the data relates, or within a shorter period as agreed on by the pawnbroker and the sheriff or chief of the law enforcement agency. The transmission must be completed before the end of the next business day after the date the reporting period under this subsection ends. Sec. 371.353. DATABASE OF REPORTABLE DATA. (a) A provider may establish a database for the purposes of providing law enforcement agencies with useful information to facilitate the investigation of alleged property crimes and protecting the privacy rights of pawn customers and pawnbrokers. (b) The provider shall collect and maintain the reportable data and shall update the database at least daily. The database shall contain the security features necessary to ensure that the reportable data maintained in the database can be accessed only by law enforcement personnel in accordance with this subchapter. Sec. 371.354. CHARGES FOR USE OF DATABASE. (a) A provider may charge a law enforcement agency directly for access to the database. The charge for the use of the database may be based on the number of users within a particular law enforcement jurisdiction and must be reasonable in relation to the provider's costs in establishing and maintaining the database. (b) A person may not charge a pawnbroker or customer of a pawnbroker a fee for the compilation or transmission of reportable data or for the creation, maintenance, or use of the database. Sec. 371.355. DATA ESCROW SERVICE. A provider must use a data escrow service to store a copy of the most recently updated version of the database and the source code for the database system. Sec. 371.356. INSURANCE. A provider shall maintain a general liability insurance policy of at least $1 million. Sec. 371.357. DATABASE REQUIREMENTS. (a) A database must: (1) enable reporting pawnbrokers to transmit to the database reportable data for each pawn and purchase transaction over the Internet in the format used by the pawnbroker's computer software; (2) enable appropriate law enforcement personnel who provide a secure identification or access code to access the information contained in the database and prevent others from accessing the information; (3) require law enforcement personnel seeking access to the identity of the customer in a pawn or purchase transaction to provide a valid case number of a criminal proceeding for which the customer's identity is needed and to represent that the information is sought in connection with the investigation of a crime involving the goods delivered by the customer in that transaction; (4) record, for each search, the identity of the law enforcement personnel searching the database, the pawn or purchase transaction involved in the search, and the identity of any customer whose information was accessed through the search; and (5) use a minimum of 128-bit encryption for all transmissions to and from the database. (b) A database server must be housed in a nationally recognized data storage facility with security measures that are adequate to protect the data. Sec. 371.358. COMMISSIONER OVERSIGHT. (a) The commissioner may take appropriate measures to ensure that a provider and its database meet the requirements of Sections 371.355, 371.356, and 371.357. (b) On or before January 31 of each year, a provider shall report to the commissioner the total number of transactions reported by each reporting pawnbroker in the preceding calendar year. The provider shall provide the report at no cost to the commissioner. The report must be in a format prescribed by the commissioner if the provider can use the prescribed format. Sec. 371.359. CONFIDENTIALITY. (a) The information in the database is confidential and may be released or disclosed only for a law enforcement investigation of a property crime or to the commissioner for administrative purposes. (b) A person who releases or discloses data in violation of this section commits an offense. An offense under this section is a Class A misdemeanor. Sec. 371.360. FRAUDULENT ACCESS OF DATABASE. (a) A person who gains access to the information in the database through fraud or false pretenses commits an offense. (b) An offense under this section is a Class A misdemeanor. Sec. 371.361. COMPUTER-RELATED MALFUNCTIONS AND ERRORS. (a) A pawnbroker who electronically reports information under this subchapter may not be held responsible for a delay in making available reportable data that results from a malfunction in the database or Internet service. (b) A provider shall correct an error in reportable data before the seventh day after the earlier of: (1) the date the provider discovered the error; or (2) the date the provider received notice from the reporting pawnbroker or the law enforcement officer who discovered the error. (c) If a pawnbroker who electronically reports information under this subchapter experiences a computer malfunction, the pawnbroker shall repair the malfunction before the 30th day after the date the malfunction began. If a pawnbroker's computer experiences a software malfunction, the pawnbroker may not be considered to be in violation of a reporting requirement if the pawnbroker is making a bona fide effort to repair the malfunction. (d) If there is an error in reportable data or a malfunction in a database, Internet service, or pawnbroker's computer, the pawnbroker and the appropriate law enforcement agency shall arrange a mutually acceptable alternative method by which the pawnbroker provides the reportable data to the appropriate law enforcement agency. Sec. 371.362. PAPER COPIES. (a) A pawnbroker who electronically reports information under this subchapter shall make available for on-site inspection, to any appropriate law enforcement officer on request, paper copies of pawn or purchase transaction documents. (b) After the 90th day after the date a pawnbroker transmits reportable data to the database under this subchapter, the pawnbroker is not required to make available to any law enforcement personnel paper copies of the pawnbroker's information related to the pawnbroker's pawn or purchase transactions, except for evidentiary purposes for which a law enforcement officer makes a specific request related to a specific transaction. Sec. 371.363. COSTS. A pawnbroker who electronically reports information under this subchapter is not required to incur any cost, other than Internet service costs, in preparing, converting, or delivering its reportable data to the database. SECTION 3. This Act takes effect September 1, 2003.