85R12497 GRM-D
By: Dukes H.B. No. 4077
A BILL TO BE ENTITLED
AN ACT
relating to the disposition and identification of certain goods
acquired by recycling entities and pawnbrokers; providing an
administrative 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 REPORTING.
SECTION 3. Section 371.181, Finance Code, is amended by
amending Subsection (a) and adding Subsections (c), (d), (e), and
(f) to read as follows:
(a) A pawnbroker shall monitor and report as provided by
this section goods purchased, accepted in pawn, or otherwise
acquired by the pawnbroker in order to identify and prohibit
transactions involving stolen goods.
(c) Before the end of each business day following the day
goods are acquired by a pawnbroker, the pawnbroker shall
electronically report goods purchased, accepted in pawn, or
otherwise acquired by the pawnbroker to law enforcement agencies
through a reporting database that is searchable by those agencies
statewide and is:
(1) generally accepted by law enforcement agencies; or
(2) designated by the commission.
(d) The finance commission shall adopt rules necessary to
implement this section. The rules 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 who fails to report an item under this
section is subject to an administrative penalty under Section
371.303 in an amount not to exceed $500 for each item not reported.
The commissioner may not assess an administrative penalty against a
pawnbroker who makes a good faith effort to report goods
electronically under this section, including a pawnbroker who is
unable to submit a report due to technical problems beyond the
pawnbroker's control.
(f) Information reported to law enforcement agencies under
this section may be used by those agencies only for law enforcement
purposes.
SECTION 4. 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, 2019.
Goods purchased, accepted in pawn, or otherwise acquired by the
pawnbroker before January 1, 2019, 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 5. The reporting database required by Section
371.181, Finance Code, as amended by this Act, must be implemented
not later than December 31, 2018.
SECTION 6. This Act takes effect September 1, 2017.