| 1 | 1 | | 81R8748 JE-D |
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| 2 | 2 | | By: Harper-Brown H.B. No. 3933 |
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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 the relocation of pawnshops. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 371.059, Finance Code, is amended by |
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| 10 | 10 | | amending Subsection (b) and adding Subsections (e) and (f) to read |
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| 11 | 11 | | as follows: |
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| 12 | 12 | | (b) Except as provided by Subsection (e), in [In] a county |
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| 13 | 13 | | with a population of 250,000 or more, the commissioner shall |
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| 14 | 14 | | approve an application for: |
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| 15 | 15 | | (1) an original license to operate a pawnshop at a |
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| 16 | 16 | | facility that is not an existing licensed pawnshop at the time the |
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| 17 | 17 | | application is filed if the proposed facility is not located within |
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| 18 | 18 | | two miles of a licensed pawnshop; |
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| 19 | 19 | | (2) the relocation of a licensed pawnshop to a |
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| 20 | 20 | | facility that is not an existing licensed pawnshop at the time the |
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| 21 | 21 | | application is filed if the facility where the pawnshop is to be |
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| 22 | 22 | | relocated is not located within one mile of a licensed pawnshop; |
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| 23 | 23 | | and |
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| 24 | 24 | | (3) the relocation of a licensed pawnshop if at the |
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| 25 | 25 | | time the application is filed the pawnshop has been in operation at |
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| 26 | 26 | | its current location for at least three years, and the facility |
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| 27 | 27 | | where the pawnshop is to be relocated is either within one mile of |
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| 28 | 28 | | its existing location or, if in excess of one mile from its existing |
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| 29 | 29 | | location, not within one mile of another existing operating |
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| 30 | 30 | | pawnshop. |
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| 31 | 31 | | (e) An application for the relocation of a pawnshop is not |
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| 32 | 32 | | subject to the requirements of Subsections (b)(2) and (3) if: |
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| 33 | 33 | | (1) the pawnshop is located in a redevelopment zone |
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| 34 | 34 | | designated by a municipality: |
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| 35 | 35 | | (A) with a population of more than 190,000; and |
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| 36 | 36 | | (B) that is adjacent to two municipalities with a |
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| 37 | 37 | | population of more than 500,000; and |
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| 38 | 38 | | (2) the pawnshop is relocating to a new facility that |
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| 39 | 39 | | is not in a redevelopment zone designated by a municipality |
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| 40 | 40 | | described in Subdivision (1). |
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| 41 | 41 | | (f) For purposes of this section, "redevelopment zone" |
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| 42 | 42 | | means an area designated by the governing body of a municipality for |
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| 43 | 43 | | a redevelopment initiative. |
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| 44 | 44 | | SECTION 2. The changes in law made by this Act apply only to |
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| 45 | 45 | | an application for the relocation of a pawnshop made on or after the |
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| 46 | 46 | | effective date of this Act. An application made before the |
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| 47 | 47 | | effective date of this Act is governed by the law in effect when the |
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| 48 | 48 | | application was made, and the former law is continued in effect for |
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| 49 | 49 | | that purpose. |
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| 50 | 50 | | SECTION 3. This Act takes effect September 1, 2009. |
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