86R6182 GRM-F
By: Hall S.B. No. 1058
A BILL TO BE ENTITLED
AN ACT
relating to the discontinuation of the pawnshop employee license.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 371.002, Finance Code, is amended to
read as follows:
Sec. 371.002. PURPOSES. The purposes of this chapter are
to:
(1) prevent fraud, unfair practices, discrimination,
imposition, and abuse of state residents;
(2) exercise the state's police power to ensure a sound
system of making pawn loans and transfers of personal property by
and through pawnshops;
(3) prevent transactions in stolen property and other
unlawful property transactions by licensing and regulating
pawnbrokers [and pawnshop employees];
(4) provide for licensing and investigation fees;
(5) provide minimum capital requirements for
pawnbrokers;
(6) ensure financial responsibility to the state and
its residents and compliance with federal, state, and local law,
including rules and ordinances; and
(7) assist local governments in the exercise of their
police power.
SECTION 2. Subchapter B, Chapter 371, Finance Code, is
amended by adding Section 371.074 to read as follows:
Sec. 371.074. PAWNBROKER RESPONSIBLE FOR EMPLOYEES AND
AGENTS. A license holder under this subchapter is responsible for
all acts of the license holder's officers, directors, employees,
and agents acting on behalf of the pawnshop.
SECTION 3. Section 371.257(a), Finance Code, is amended to
read as follows:
(a) The holder of a pawnshop license [or a pawnshop employee
license] may surrender the license by delivering it to the
commissioner with written notice of surrender.
SECTION 4. Sections 371.258(a) and (b), Finance Code, are
amended to read as follows:
(a) This section applies to a pawnshop license [or a
pawnshop employee license].
(b) The commissioner may reinstate a suspended pawnshop
license [or pawnshop employee license] or issue a new license to the
person whose license or licenses have been revoked if no fact or
condition exists that clearly would have justified refusal to issue
the license originally.
SECTION 5. Section 371.259, Finance Code, is amended to
read as follows:
Sec. 371.259. CERTIFICATE OF STANDING; COPIES. The
commissioner, under the commissioner's seal and signature, shall
provide a certificate of good standing or a certified copy of a
pawnshop license [or a pawnshop employee license] to a person who
applies and pays for the certificate or copy.
SECTION 6. The following provisions of the Finance Code are
repealed:
(1) Subchapter C, Chapter 371;
(2) Sections 371.255 and 371.256; and
(3) Sections 371.304(b), (c), and (d).
SECTION 7. (a) On the effective date of this Act, a license
issued under former Section 371.104, Finance Code, expires.
(b) The repeal of a law by this Act does not entitle a person
to a refund of an application, licensing, or other fee paid by the
person before the effective date of this Act.
SECTION 8. The changes in law made by this Act do not affect
the validity of a disciplinary action or other proceeding that was
initiated before the effective date of this Act and that is pending
before a court or other governmental entity on that date.
SECTION 9. (a) A violation of a law that is repealed by
this Act is governed by the law in effect on the date the violation
was committed, and the former law is continued in effect for that
purpose.
(b) For purposes of this section, a violation was committed
before the effective date of this Act if any element of the
violation occurred before that date.
SECTION 10. This Act takes effect September 1, 2019.