| 1 | 1 | | 81R11740 PAM-D |
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| 2 | 2 | | By: Edwards H.B. No. 3204 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to authorizing municipalities to enforce certain |
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| 8 | 8 | | regulations relating to pawnshops; providing a criminal penalty. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 371.005, Finance Code, is amended to |
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| 11 | 11 | | read as follows: |
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| 12 | 12 | | Sec. 371.005. REGULATORY AND ENFORCEMENT AUTHORITY. (a) |
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| 13 | 13 | | The legislature has exclusive authority regarding the operation of |
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| 14 | 14 | | pawnshops, except for a matter delegated by this chapter to the |
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| 15 | 15 | | commissioner or except as provided by Subsection (b). The |
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| 16 | 16 | | commissioner has the authority to regulate only a business practice |
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| 17 | 17 | | that requires a pawnshop license. |
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| 18 | 18 | | (b) The governing body of a municipality may adopt an |
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| 19 | 19 | | ordinance to enforce a provision of this chapter, other than a |
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| 20 | 20 | | provision relating to licensing, against an individual who holds a |
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| 21 | 21 | | pawnshop license issued by this state or an employee of a person who |
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| 22 | 22 | | holds a pawnshop license issued by this state. An ordinance adopted |
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| 23 | 23 | | under this subsection may not provide a penalty greater than a Class |
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| 24 | 24 | | C misdemeanor. |
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| 25 | 25 | | SECTION 2. This Act takes effect immediately if it receives |
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| 26 | 26 | | a vote of two-thirds of all the members elected to each house, as |
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| 27 | 27 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 28 | 28 | | Act does not receive the vote necessary for immediate effect, this |
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| 29 | 29 | | Act takes effect September 1, 2009. |
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