Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 5 - OFFICE OF CONSUMER CREDIT COMMISSIONER › Chapter 85 - PAWNSHOPS AND CRAFTED PRECIOUS METAL DEALERS › Subchapter B - RULES FOR CRAFTED PRECIOUS METAL DEALERS › Division 2 - OPERATIONAL REQUIREMENTS › Section 85.2001 - Transaction Report Form and Records

Current through Reg. 49, No. 28; July 12, 2024
(a) Required elements. For each transaction
					 in which a dealer purchases crafted precious metal, the dealer must prepare a
					 transaction report form. The report form must be preprinted and prenumbered and
					 must contain the following required elements:
(1) the date of purchase;
(2) the name and address of the dealer's
					 permanent business location;
(3)
					 the name and address where the dealer purchased the crafted precious metal, if
					 the location is different than the dealer's permanent business location and the
					 transaction takes place in person;
(4) the dealer's registration
					 number;
(5) the full name of the
					 seller, as listed on the seller's driver's license or personal identification
					 certificate as defined by Texas Occupations Code, §
												RSA
					 1956.001(8);
(6) a physical description of the seller to
					 include:
(A) date of birth;
(B) height;
(C) eye color;
(D) gender;
(7) the physical address where the seller is
					 residing at the time of the transaction;
(8) the seller's driver's license number,
					 personal identification certificate number, or handgun license
					 number;
(9) a description of the
					 crafted precious metal purchased by the dealer, using either:
(A) a list containing a description of the
					 crafted precious metal purchased by the dealer, including:
(i) total number of items purchased by the
					 dealer;
(ii) type of each item
					 (e.g., fork, tray, chain, ring);
(iii) type, color, and purity of each kind of
					 metal purchased (e.g., 10 karat white gold, 0.925 sterling silver);
(iv) weight in troy ounces, grams, or
					 pennyweights for each metal group provided in clause (iii) of this
					 subparagraph;
(v) amount paid by
					 the dealer for each metal group provided in clause (iii) of this
					 subparagraph;
(vi) color (e.g.
					 clear, blue, green), number, and approximate size (e.g., small, medium, large)
					 of any stones and which item(s) include those stones;
(vii) size or length of each item (e.g., size
					 7, 18 inches);
(viii) any
					 discernible serial numbers;
(ix)
					 any engravings, inscriptions, distinctive markings, or designs;
(x) gender for which any jewelry item was
					 manufactured, if identifiable; or
(B) a description of the crafted precious
					 metal purchased by the dealer accompanied by a clear image of all items
					 purchased, including:
(i) total number of
					 items purchased by the dealer;
(ii)
					 type of each item (e.g., fork, tray, chain, ring);
(iii) type, color, and purity of each kind of
					 metal purchased (e.g., 10 karat white gold, 0.925 sterling silver);
(iv) weight in troy ounces, grams, or
					 pennyweights for each metal group provided in clause (iii) of this
					 subparagraph;
(v) amount paid by
					 the dealer for each metal group provided in clause (iii) of this
					 subparagraph;
(vi) color (e.g.,
					 clear, blue, green), number, and approximate size (e.g., small, medium, large)
					 of any stones and which item(s) include those stones;
(vii) a clear photocopy or digital photograph
					 of all items purchased by the dealer;
(viii) any unique markings that are not
					 visible and identifiable from the image(s);
(10) the total amount paid to the seller by
					 the dealer;
(11) the seller's
					 certification that the seller's name and address, as well as the description of
					 the crafted precious metal, are true and complete;
(12) the seller's representation that the
					 seller has the right to possess and sell the property;
(13) the following notice: "This business is
					 registered under the laws of the State of Texas and by state law is subject to
					 regulatory oversight by the Office of Consumer Credit Commissioner. Any
					 consumer wishing to file a complaint against this business may contact the
					 Office of Consumer Credit Commissioner through one of the means indicated
					 below: In Person or U.S. Mail: 2601 North Lamar Boulevard, Austin, Texas
					 78705-4207. Telephone No.: (800) 538-1579. Fax No.: (512) 936-7610. E-mail:
					 consumer.complaints@occc.texas.gov. Website: occc.texas.gov.