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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of the location of pawnshops in certain |
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counties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 371.059, Finance Code, is amended to |
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read as follows: |
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Sec. 371.059. APPROVAL; ISSUANCE OF LICENSE. The [(a)
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Subject to Subsection (b), the] commissioner shall approve the |
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application and issue a license if the commissioner finds that the |
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applicant is eligible for the license. |
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[(b)
In a county with a population of 250,000 or more, the
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commissioner shall approve an application for:
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[(1)
an original license to operate a pawnshop at a
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facility that is not an existing licensed pawnshop at the time the
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application is filed if the proposed facility is not located within
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two miles of a licensed pawnshop;
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[(2)
the relocation of a licensed pawnshop to a
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facility that is not an existing licensed pawnshop at the time the
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application is filed if the facility where the pawnshop is to be
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relocated is not located within one mile of a licensed pawnshop; and
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[(3)
the relocation of a licensed pawnshop if at the
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time the application is filed the pawnshop has been in operation at
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its current location for at least three years, and the facility
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where the pawnshop is to be relocated is either within one mile of
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its existing location or, if in excess of one mile from its existing
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location, not within one mile of another existing operating
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pawnshop.
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[(c)
Notwithstanding Subsection (b)(3), the commissioner
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may approve an application for the relocation of a licensed
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pawnshop that needs to relocate marginally further than one mile
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from its existing location or that at the time the application is
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made has not been in operation in its current location for at least
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three years if the necessity for relocation was caused by
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circumstances beyond the applicant's control.
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[(d)
A determination of distance for purposes of this
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section is based on a measurement taken from the front door of a
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facility to the front door of the other facility. For a facility
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not in existence at the time the application is filed, the location
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of the front door of the proposed facility must be indicated on
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architectural drawings or comparable professionally prepared
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drawings depicting the facility and the entire boundary of the lot
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or parcel of land to which the facility is to be attached.] |
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SECTION 2. The changes in law made by this Act apply only to |
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an application for a pawnshop license or for the relocation of a |
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licensed pawnshop that is filed on or after the effective date of |
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this Act. An application for a pawnshop license or for the |
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relocation of a licensed pawnshop that is filed before the |
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effective date of this Act is governed by the law in effect at the |
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time the application was filed, and the former law is continued in |
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effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2011. |