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A BILL TO BE ENTITLED
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AN ACT
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relating to the disposition and identification of certain goods |
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acquired by recycling entities and pawnbrokers; providing an |
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administrative penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1956.064(a), Occupations Code, is |
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amended to read as follows: |
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(a) A dealer may not melt, deface, alter, or dispose of |
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crafted precious metal that is the subject of a report required by |
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this subchapter before the 14th [11th] day after the date the report |
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is filed unless: |
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(1) the peace officer to whom the report is submitted, |
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for good cause, authorizes disposition of the metal; |
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(2) the dealer obtains the name, address, and |
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description of the buyer and retains a record of that information; |
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or |
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(3) the dealer is a pawnbroker and the disposition is |
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the redemption of pledged property by the pledgor. |
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SECTION 2. The heading to Section 371.181, Finance Code, is |
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amended to read as follows: |
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Sec. 371.181. STOLEN GOODS; ELECTRONIC REPORTING. |
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SECTION 3. Section 371.181, Finance Code, is amended by |
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amending Subsection (a) and adding Subsections (c), (d), (e), and |
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(f) to read as follows: |
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(a) A pawnbroker shall monitor and report as provided by |
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this section goods purchased, accepted in pawn, or otherwise |
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acquired by the pawnbroker in order to identify and prohibit |
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transactions involving stolen goods. |
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(c) Before the end of each business day following the day |
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goods are acquired by a pawnbroker, the pawnbroker shall |
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electronically report goods purchased, accepted in pawn, or |
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otherwise acquired by the pawnbroker to law enforcement agencies |
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through a reporting database that is searchable by those agencies |
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statewide and is: |
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(1) generally accepted by law enforcement agencies; or |
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(2) designated by the commission. |
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(d) The finance commission shall adopt rules necessary to |
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implement this section. The rules must: |
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(1) require a complete description of the goods |
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purchased, accepted in pawn, or otherwise acquired by the |
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pawnbroker, including any available model numbers and serial |
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numbers and other identifying characteristics; and |
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(2) require the name and address of and the driver's |
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license number, military identification number, or other official |
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number that identifies the person pledging or selling goods. |
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(e) A pawnbroker who fails to report an item under this |
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section is subject to an administrative penalty under Section |
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371.303 in an amount not to exceed $500 for each item not reported. |
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The commissioner may not assess an administrative penalty against a |
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pawnbroker who makes a good faith effort to report goods |
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electronically under this section, including a pawnbroker who is |
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unable to submit a report due to technical problems beyond the |
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pawnbroker's control. |
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(f) Information reported to law enforcement agencies under |
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this section may be used by those agencies only for law enforcement |
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purposes. |
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SECTION 4. Section 371.181, Finance Code, as amended by |
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this Act, applies only to goods purchased, accepted in pawn, or |
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otherwise acquired by the pawnbroker on or after January 1, 2019. |
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Goods purchased, accepted in pawn, or otherwise acquired by the |
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pawnbroker before January 1, 2019, are governed by the law in effect |
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immediately before the effective date of this Act, and the former |
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law is continued in effect for that purpose. |
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SECTION 5. The reporting database required by Section |
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371.181, Finance Code, as amended by this Act, must be implemented |
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not later than December 31, 2018. |
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SECTION 6. This Act takes effect September 1, 2017. |