81R11740 PAM-D
By: Edwards H.B. No. 3204
A BILL TO BE ENTITLED
AN ACT
relating to authorizing municipalities to enforce certain
regulations relating to pawnshops; providing a criminal penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 371.005, Finance Code, is amended to
read as follows:
Sec. 371.005. REGULATORY AND ENFORCEMENT AUTHORITY. (a)
The legislature has exclusive authority regarding the operation of
pawnshops, except for a matter delegated by this chapter to the
commissioner or except as provided by Subsection (b). The
commissioner has the authority to regulate only a business practice
that requires a pawnshop license.
(b) The governing body of a municipality may adopt an
ordinance to enforce a provision of this chapter, other than a
provision relating to licensing, against an individual who holds a
pawnshop license issued by this state or an employee of a person who
holds a pawnshop license issued by this state. An ordinance adopted
under this subsection may not provide a penalty greater than a Class
C misdemeanor.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.