| 1 | 1 | | 84R4557 GRM-D |
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| 2 | 2 | | By: Dukes H.B. No. 1703 |
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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 disposition and identification of certain goods |
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| 8 | 8 | | acquired by recycling entities and pawnbrokers; providing a civil |
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| 9 | 9 | | penalty. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 1956.064(a), Occupations Code, is |
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| 12 | 12 | | amended to read as follows: |
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| 13 | 13 | | (a) A dealer may not melt, deface, alter, or dispose of |
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| 14 | 14 | | crafted precious metal that is the subject of a report required by |
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| 15 | 15 | | this subchapter before the 14th [11th] day after the date the report |
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| 16 | 16 | | is filed unless: |
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| 17 | 17 | | (1) the peace officer to whom the report is submitted, |
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| 18 | 18 | | for good cause, authorizes disposition of the metal; |
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| 19 | 19 | | (2) the dealer obtains the name, address, and |
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| 20 | 20 | | description of the buyer and retains a record of that information; |
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| 21 | 21 | | or |
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| 22 | 22 | | (3) the dealer is a pawnbroker and the disposition is |
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| 23 | 23 | | the redemption of pledged property by the pledgor. |
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| 24 | 24 | | SECTION 2. The heading to Section 371.181, Finance Code, is |
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| 25 | 25 | | amended to read as follows: |
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| 26 | 26 | | Sec. 371.181. STOLEN GOODS; ELECTRONIC DATABASE. |
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| 27 | 27 | | SECTION 3. Section 371.181, Finance Code, is amended by |
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| 28 | 28 | | amending Subsection (a) and adding Subsections (c), (d), (e), (f), |
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| 29 | 29 | | and (g) to read as follows: |
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| 30 | 30 | | (a) A pawnbroker shall monitor and register goods |
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| 31 | 31 | | purchased, accepted in pawn, or otherwise acquired by the |
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| 32 | 32 | | pawnbroker in order to identify and prohibit transactions involving |
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| 33 | 33 | | stolen goods. |
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| 34 | 34 | | (c) The commissioner shall create and maintain an online |
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| 35 | 35 | | database to register goods purchased, accepted in pawn, or |
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| 36 | 36 | | otherwise acquired by pawnbrokers. The database may be accessed |
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| 37 | 37 | | only by law enforcement officials for law enforcement purposes. |
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| 38 | 38 | | The finance commission shall adopt rules necessary to implement the |
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| 39 | 39 | | database. |
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| 40 | 40 | | (d) The rules adopted by the finance commission under |
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| 41 | 41 | | Subsection (c) must: |
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| 42 | 42 | | (1) require a complete description of the goods |
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| 43 | 43 | | purchased, accepted in pawn, or otherwise acquired by the |
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| 44 | 44 | | pawnbroker, including any available model numbers and serial |
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| 45 | 45 | | numbers and other identifying characteristics; and |
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| 46 | 46 | | (2) require the name and address of and the driver's |
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| 47 | 47 | | license number, military identification number, or other official |
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| 48 | 48 | | number that identifies the person pledging or selling goods. |
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| 49 | 49 | | (e) A pawnbroker that fails to register an item on the |
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| 50 | 50 | | online database created by the commissioner under this section is |
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| 51 | 51 | | liable to the state for a civil penalty in an amount not to exceed |
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| 52 | 52 | | $500 for each item not registered. |
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| 53 | 53 | | (f) The attorney general or the appropriate district or |
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| 54 | 54 | | county attorney may bring an action to recover a civil penalty |
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| 55 | 55 | | imposed under Subsection (e) in a district court in: |
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| 56 | 56 | | (1) Travis County; or |
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| 57 | 57 | | (2) a county in which any part of the violation occurs. |
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| 58 | 58 | | (g) A penalty collected under this section by the attorney |
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| 59 | 59 | | general or a district or county attorney shall be deposited in the |
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| 60 | 60 | | state treasury to the credit of the general revenue fund. |
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| 61 | 61 | | SECTION 4. Section 371.182, Finance Code, is amended to |
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| 62 | 62 | | read as follows: |
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| 63 | 63 | | Sec. 371.182. HOLD PERIOD. A [The commissioner may |
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| 64 | 64 | | designate a reasonable hold period during which a] pawnbroker may |
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| 65 | 65 | | not sell or otherwise dispose of an item of goods acquired and |
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| 66 | 66 | | offered for sale or other disposition by the pawnbroker before the |
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| 67 | 67 | | 14th day after the date on which the item was acquired. |
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| 68 | 68 | | SECTION 5. Section 371.181, Finance Code, as amended by |
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| 69 | 69 | | this Act, applies only to goods purchased, accepted in pawn, or |
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| 70 | 70 | | otherwise acquired by the pawnbroker on or after January 1, 2017. |
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| 71 | 71 | | Goods purchased, accepted in pawn, or otherwise acquired by the |
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| 72 | 72 | | pawnbroker before January 1, 2017, are governed by the law in effect |
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| 73 | 73 | | immediately before the effective date of this Act, and the former |
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| 74 | 74 | | law is continued in effect for that purpose. |
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| 75 | 75 | | SECTION 6. Not later than December 31, 2016, the consumer |
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| 76 | 76 | | credit commissioner shall establish and implement the online |
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| 77 | 77 | | database required by Section 371.181(c), Finance Code, as added by |
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| 78 | 78 | | this Act. |
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| 79 | 79 | | SECTION 7. This Act takes effect September 1, 2015. |
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