Bill Text: TX HB4077 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the disposition and identification of certain goods acquired by recycling entities and pawnbrokers; providing an administrative penalty.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-04-25 - Left pending in committee [HB4077 Detail]
Download: Texas-2017-HB4077-Introduced.html
85R12497 GRM-D | ||
By: Dukes | H.B. No. 4077 |
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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 [ |
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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. |