| 1 | 1 | | 86R6182 GRM-F |
|---|
| 2 | 2 | | By: Hall S.B. No. 1058 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the discontinuation of the pawnshop employee license. |
|---|
| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 9 | 9 | | SECTION 1. Section 371.002, Finance Code, is amended to |
|---|
| 10 | 10 | | read as follows: |
|---|
| 11 | 11 | | Sec. 371.002. PURPOSES. The purposes of this chapter are |
|---|
| 12 | 12 | | to: |
|---|
| 13 | 13 | | (1) prevent fraud, unfair practices, discrimination, |
|---|
| 14 | 14 | | imposition, and abuse of state residents; |
|---|
| 15 | 15 | | (2) exercise the state's police power to ensure a sound |
|---|
| 16 | 16 | | system of making pawn loans and transfers of personal property by |
|---|
| 17 | 17 | | and through pawnshops; |
|---|
| 18 | 18 | | (3) prevent transactions in stolen property and other |
|---|
| 19 | 19 | | unlawful property transactions by licensing and regulating |
|---|
| 20 | 20 | | pawnbrokers [and pawnshop employees]; |
|---|
| 21 | 21 | | (4) provide for licensing and investigation fees; |
|---|
| 22 | 22 | | (5) provide minimum capital requirements for |
|---|
| 23 | 23 | | pawnbrokers; |
|---|
| 24 | 24 | | (6) ensure financial responsibility to the state and |
|---|
| 25 | 25 | | its residents and compliance with federal, state, and local law, |
|---|
| 26 | 26 | | including rules and ordinances; and |
|---|
| 27 | 27 | | (7) assist local governments in the exercise of their |
|---|
| 28 | 28 | | police power. |
|---|
| 29 | 29 | | SECTION 2. Subchapter B, Chapter 371, Finance Code, is |
|---|
| 30 | 30 | | amended by adding Section 371.074 to read as follows: |
|---|
| 31 | 31 | | Sec. 371.074. PAWNBROKER RESPONSIBLE FOR EMPLOYEES AND |
|---|
| 32 | 32 | | AGENTS. A license holder under this subchapter is responsible for |
|---|
| 33 | 33 | | all acts of the license holder's officers, directors, employees, |
|---|
| 34 | 34 | | and agents acting on behalf of the pawnshop. |
|---|
| 35 | 35 | | SECTION 3. Section 371.257(a), Finance Code, is amended to |
|---|
| 36 | 36 | | read as follows: |
|---|
| 37 | 37 | | (a) The holder of a pawnshop license [or a pawnshop employee |
|---|
| 38 | 38 | | license] may surrender the license by delivering it to the |
|---|
| 39 | 39 | | commissioner with written notice of surrender. |
|---|
| 40 | 40 | | SECTION 4. Sections 371.258(a) and (b), Finance Code, are |
|---|
| 41 | 41 | | amended to read as follows: |
|---|
| 42 | 42 | | (a) This section applies to a pawnshop license [or a |
|---|
| 43 | 43 | | pawnshop employee license]. |
|---|
| 44 | 44 | | (b) The commissioner may reinstate a suspended pawnshop |
|---|
| 45 | 45 | | license [or pawnshop employee license] or issue a new license to the |
|---|
| 46 | 46 | | person whose license or licenses have been revoked if no fact or |
|---|
| 47 | 47 | | condition exists that clearly would have justified refusal to issue |
|---|
| 48 | 48 | | the license originally. |
|---|
| 49 | 49 | | SECTION 5. Section 371.259, Finance Code, is amended to |
|---|
| 50 | 50 | | read as follows: |
|---|
| 51 | 51 | | Sec. 371.259. CERTIFICATE OF STANDING; COPIES. The |
|---|
| 52 | 52 | | commissioner, under the commissioner's seal and signature, shall |
|---|
| 53 | 53 | | provide a certificate of good standing or a certified copy of a |
|---|
| 54 | 54 | | pawnshop license [or a pawnshop employee license] to a person who |
|---|
| 55 | 55 | | applies and pays for the certificate or copy. |
|---|
| 56 | 56 | | SECTION 6. The following provisions of the Finance Code are |
|---|
| 57 | 57 | | repealed: |
|---|
| 58 | 58 | | (1) Subchapter C, Chapter 371; |
|---|
| 59 | 59 | | (2) Sections 371.255 and 371.256; and |
|---|
| 60 | 60 | | (3) Sections 371.304(b), (c), and (d). |
|---|
| 61 | 61 | | SECTION 7. (a) On the effective date of this Act, a license |
|---|
| 62 | 62 | | issued under former Section 371.104, Finance Code, expires. |
|---|
| 63 | 63 | | (b) The repeal of a law by this Act does not entitle a person |
|---|
| 64 | 64 | | to a refund of an application, licensing, or other fee paid by the |
|---|
| 65 | 65 | | person before the effective date of this Act. |
|---|
| 66 | 66 | | SECTION 8. The changes in law made by this Act do not affect |
|---|
| 67 | 67 | | the validity of a disciplinary action or other proceeding that was |
|---|
| 68 | 68 | | initiated before the effective date of this Act and that is pending |
|---|
| 69 | 69 | | before a court or other governmental entity on that date. |
|---|
| 70 | 70 | | SECTION 9. (a) A violation of a law that is repealed by |
|---|
| 71 | 71 | | this Act is governed by the law in effect on the date the violation |
|---|
| 72 | 72 | | was committed, and the former law is continued in effect for that |
|---|
| 73 | 73 | | purpose. |
|---|
| 74 | 74 | | (b) For purposes of this section, a violation was committed |
|---|
| 75 | 75 | | before the effective date of this Act if any element of the |
|---|
| 76 | 76 | | violation occurred before that date. |
|---|
| 77 | 77 | | SECTION 10. This Act takes effect September 1, 2019. |
|---|