84R4557 GRM-D
By: Dukes H.B. No. 1703
A BILL TO BE ENTITLED
AN ACT
relating to the disposition and identification of certain goods
acquired by recycling entities and pawnbrokers; providing a civil
penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1956.064(a), Occupations Code, is
amended to read as follows:
(a) A dealer may not melt, deface, alter, or dispose of
crafted precious metal that is the subject of a report required by
this subchapter before the 14th [11th] day after the date the report
is filed unless:
(1) the peace officer to whom the report is submitted,
for good cause, authorizes disposition of the metal;
(2) the dealer obtains the name, address, and
description of the buyer and retains a record of that information;
or
(3) the dealer is a pawnbroker and the disposition is
the redemption of pledged property by the pledgor.
SECTION 2. The heading to Section 371.181, Finance Code, is
amended to read as follows:
Sec. 371.181. STOLEN GOODS; ELECTRONIC DATABASE.
SECTION 3. Section 371.181, Finance Code, is amended by
amending Subsection (a) and adding Subsections (c), (d), (e), (f),
and (g) to read as follows:
(a) A pawnbroker shall monitor and register goods
purchased, accepted in pawn, or otherwise acquired by the
pawnbroker in order to identify and prohibit transactions involving
stolen goods.
(c) The commissioner shall create and maintain an online
database to register goods purchased, accepted in pawn, or
otherwise acquired by pawnbrokers. The database may be accessed
only by law enforcement officials for law enforcement purposes.
The finance commission shall adopt rules necessary to implement the
database.
(d) The rules adopted by the finance commission under
Subsection (c) must:
(1) require a complete description of the goods
purchased, accepted in pawn, or otherwise acquired by the
pawnbroker, including any available model numbers and serial
numbers and other identifying characteristics; and
(2) require the name and address of and the driver's
license number, military identification number, or other official
number that identifies the person pledging or selling goods.
(e) A pawnbroker that fails to register an item on the
online database created by the commissioner under this section is
liable to the state for a civil penalty in an amount not to exceed
$500 for each item not registered.
(f) The attorney general or the appropriate district or
county attorney may bring an action to recover a civil penalty
imposed under Subsection (e) in a district court in:
(1) Travis County; or
(2) a county in which any part of the violation occurs.
(g) A penalty collected under this section by the attorney
general or a district or county attorney shall be deposited in the
state treasury to the credit of the general revenue fund.
SECTION 4. Section 371.182, Finance Code, is amended to
read as follows:
Sec. 371.182. HOLD PERIOD. A [The commissioner may
designate a reasonable hold period during which a] pawnbroker may
not sell or otherwise dispose of an item of goods acquired and
offered for sale or other disposition by the pawnbroker before the
14th day after the date on which the item was acquired.
SECTION 5. Section 371.181, Finance Code, as amended by
this Act, applies only to goods purchased, accepted in pawn, or
otherwise acquired by the pawnbroker on or after January 1, 2017.
Goods purchased, accepted in pawn, or otherwise acquired by the
pawnbroker before January 1, 2017, are governed by the law in effect
immediately before the effective date of this Act, and the former
law is continued in effect for that purpose.
SECTION 6. Not later than December 31, 2016, the consumer
credit commissioner shall establish and implement the online
database required by Section 371.181(c), Finance Code, as added by
this Act.
SECTION 7. This Act takes effect September 1, 2015.