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A BILL TO BE ENTITLED
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AN ACT
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relating to the discontinuation of the pawnshop employee license. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 371.002, Finance Code, is amended to |
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read as follows: |
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Sec. 371.002. PURPOSES. The purposes of this chapter are |
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to: |
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(1) prevent fraud, unfair practices, discrimination, |
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imposition, and abuse of state residents; |
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(2) exercise the state's police power to ensure a sound |
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system of making pawn loans and transfers of personal property by |
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and through pawnshops; |
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(3) prevent transactions in stolen property and other |
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unlawful property transactions by licensing and regulating |
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pawnbrokers [and pawnshop employees]; |
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(4) provide for licensing and investigation fees; |
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(5) provide minimum capital requirements for |
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pawnbrokers; |
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(6) ensure financial responsibility to the state and |
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its residents and compliance with federal, state, and local law, |
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including rules and ordinances; and |
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(7) assist local governments in the exercise of their |
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police power. |
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SECTION 2. Subchapter B, Chapter 371, Finance Code, is |
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amended by adding Section 371.074 to read as follows: |
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Sec. 371.074. PAWNBROKER RESPONSIBLE FOR EMPLOYEES AND |
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AGENTS. A license holder under this subchapter is responsible for |
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all acts of the license holder's officers, directors, employees, |
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and agents acting on behalf of the pawnshop. |
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SECTION 3. Section 371.257(a), Finance Code, is amended to |
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read as follows: |
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(a) The holder of a pawnshop license [or a pawnshop employee
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license] may surrender the license by delivering it to the |
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commissioner with written notice of surrender. |
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SECTION 4. Sections 371.258(a) and (b), Finance Code, are |
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amended to read as follows: |
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(a) This section applies to a pawnshop license [or a
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pawnshop employee license]. |
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(b) The commissioner may reinstate a suspended pawnshop |
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license [or pawnshop employee license] or issue a new license to the |
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person whose license or licenses have been revoked if no fact or |
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condition exists that clearly would have justified refusal to issue |
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the license originally. |
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SECTION 5. Section 371.259, Finance Code, is amended to |
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read as follows: |
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Sec. 371.259. CERTIFICATE OF STANDING; COPIES. The |
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commissioner, under the commissioner's seal and signature, shall |
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provide a certificate of good standing or a certified copy of a |
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pawnshop license [or a pawnshop employee license] to a person who |
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applies and pays for the certificate or copy. |
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SECTION 6. The following provisions of the Finance Code are |
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repealed: |
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(1) Subchapter C, Chapter 371; |
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(2) Sections 371.255 and 371.256; and |
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(3) Sections 371.304(b), (c), and (d). |
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SECTION 7. (a) On the effective date of this Act, a license |
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issued under former Section 371.104, Finance Code, expires. |
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(b) The repeal of a law by this Act does not entitle a person |
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to a refund of an application, licensing, or other fee paid by the |
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person before the effective date of this Act. |
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SECTION 8. The changes in law made by this Act do not affect |
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the validity of a disciplinary action or other proceeding that was |
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initiated before the effective date of this Act and that is pending |
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before a court or other governmental entity on that date. |
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SECTION 9. (a) A violation of a law that is repealed by |
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this Act is governed by the law in effect on the date the violation |
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was committed, and the former law is continued in effect for that |
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purpose. |
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(b) For purposes of this section, a violation was committed |
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before the effective date of this Act if any element of the |
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violation occurred before that date. |
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SECTION 10. This Act takes effect September 1, 2019. |