reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 5 - OFFICE OF CONSUMER CREDIT COMMISSIONER › Chapter 85 - PAWNSHOPS AND CRAFTED PRECIOUS METAL DEALERS › Subchapter A - RULES OF OPERATION FOR PAWNSHOPS › Division 3 - PAWNSHOP EMPLOYEE LICENSE › Section 85.309 - Military Licensing

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose and
					 scope. The purpose of this section is to specify pawnshop employee licensing
					 requirements for military service members, military veterans, and military
					 spouses, in accordance with Texas Occupations Code, Chapter 55. This section
					 applies only to employees of pawnbrokers that participate in the pawnshop
					 employee license program.
(b)
					 Definitions. In this section, the terms "military service member," "military
					 spouse," and "military veteran" have the meanings provided by Texas Occupations
					 Code, §
											55.001.
(c) Late renewal. As provided by Texas
					 Occupations Code, §
											55.002, an
					 individual is exempt from any increased fee or other penalty for failing to
					 renew a pawnshop employee in a timely manner, if the individual establishes to
					 the satisfaction of the OCCC that the individual failed to renew the license in
					 a timely manner because the individual was serving as a military service
					 member.
(d) Expedited license
					 procedure. As provided by Texas Occupations Code, §
											55.004 and §
											55.005, no later
					 than the 30th day after the OCCC receives a complete pawnshop employee license
					 application from a qualifying applicant who is a military service member,
					 military veteran, or military spouse, the OCCC will process the application and
					 issue a license to the applicant, if the applicant:
(1) holds a current license in another
					 jurisdiction that has licensing requirements that are substantially equivalent
					 to the requirements for a pawnshop employee license in Texas; or
(2) held a pawnshop employee license in Texas
					 within the five years preceding the application date.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 5 - OFFICE OF CONSUMER CREDIT COMMISSIONER › Chapter 85 - PAWNSHOPS AND CRAFTED PRECIOUS METAL DEALERS › Subchapter A - RULES OF OPERATION FOR PAWNSHOPS › Division 4 - OPERATION OF PAWNSHOPS › Section 85.401 - Hours and Days of Operation

Current through Reg. 49, No. 28; July 12, 2024
(a) Public posting. A pawnshop's normal
					 operating schedule must be posted so it is visible from the main public
					 entrance. Hours of operation must comply with Texas Finance Code,
					 §371.151. The schedule must include the hours for each day the shop will
					 normally be open for business. Normal hours may include regular periods of
					 closing during a day, such as a lunch time closing. The pawnshop must be open
					 for business according to its posted schedule unless there is an approved
					 closing pursuant to subsection (b) of this section.
(b) Approved closing.
(1) Holiday closing.
(A) A pawnshop may be closed on any federal
					 holiday without notice.
(B) A
					 pawnshop may close for a state or religious holiday after posting notice five
					 calendar days prior to the date of closing. A notice of closing must be posted
					 so it is visible from the main public entrance.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 5 - OFFICE OF CONSUMER CREDIT COMMISSIONER › Chapter 85 - PAWNSHOPS AND CRAFTED PRECIOUS METAL DEALERS › Subchapter A - RULES OF OPERATION FOR PAWNSHOPS › Division 4 - OPERATION OF PAWNSHOPS › Section 85.402 - Recordkeeping

Current through Reg. 49, No. 28; July 12, 2024
(a) Minimum
					 records. Books and records must be sufficient to demonstrate compliance with
					 Texas Finance Code, Chapter 371, and this subchapter such that the books and
					 records:
(1) allow for the documentation of
					 all transactions to the extent that any single transaction may be re-created;
					 and
(2) allow for the
					 documentation of any set of transactions governed by Texas Finance Code,
					 Chapter 371, to the extent that the set of transactions may be re-created.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 5 - OFFICE OF CONSUMER CREDIT COMMISSIONER › Chapter 85 - PAWNSHOPS AND CRAFTED PRECIOUS METAL DEALERS › Subchapter A - RULES OF OPERATION FOR PAWNSHOPS › Division 4 - OPERATION OF PAWNSHOPS › Section 85.403 - Insurance

Current through Reg. 49, No. 28; July 12, 2024
(a) Insurance
					 provisions. General liability and fire insurance must be maintained in an
					 amount sufficient to protect pledged goods as provided in Texas Finance Code,
					 §371.154. The insurance policy must specifically cover the loss of pledged
					 goods, including jewelry.
(1) General
					 liability.
(A) At a minimum, the amount of
					 general liability insurance coverage must be $100,000 per occurrence from an
					 insurance company with an A.M. Best rating of B+ or better.
(B) In addition, pawnshops operating more
					 than one licensed location must purchase an additional $10,000 of general
					 liability insurance coverage per each operating location, excluding the first
					 location.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 5 - OFFICE OF CONSUMER CREDIT COMMISSIONER › Chapter 85 - PAWNSHOPS AND CRAFTED PRECIOUS METAL DEALERS › Subchapter A - RULES OF OPERATION FOR PAWNSHOPS › Division 4 - OPERATION OF PAWNSHOPS › Section 85.404 - Security of Pledged Goods

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 Alarm system. Adequate security must be maintained to provide for the
					 protection and security of pledged goods. Adequate information must be
					 provided, at the time of examination, on the security system used by the
					 pawnshop to determine the system's adequacy.
(b) Security of jewelry. A pawnshop that
					 accepts jewelry as pledged goods must have a vault or safe that provides an
					 additional level of security above the required alarm system.
(c) Exterior storage of pledged goods. If
					 pledged goods are accepted and cannot reasonably be stored inside the pawnshop
					 (e.g., motor vehicles, boats, trailers, construction equipment), the goods must
					 be stored adjoining the pawnshop and must be securely enclosed by protective
					 fencing unless those goods are stored in compliance with subsection (d) of this
					 section. Any damage or deterioration of pledged goods resulting from outdoor
					 storage will be handled in accordance with §
											RSA 85.413
					 of this title (relating to Lost or Damaged Goods).
(d) Remote storage. A pawnshop that stores
					 pledged goods in a remote location is subject to subsections (a) - (c) of this
					 section. A remote location is defined as a location not immediately accessible
					 from the pawnshop. If upon redemption a pledged item cannot be retrieved from
					 the remote location within 30 minutes, the pledgor, prior to the transaction,
					 must be notified in writing that the goods may not be available immediately.
					 The written notice must also state the maximum length of time it will take to
					 retrieve the item from remote storage upon redemption.
(e) Public display of pledged goods
					 prohibited. Pledged goods must not be placed in a public area of the
					 pawnshop.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 5 - OFFICE OF CONSUMER CREDIT COMMISSIONER › Chapter 85 - PAWNSHOPS AND CRAFTED PRECIOUS METAL DEALERS › Subchapter A - RULES OF OPERATION FOR PAWNSHOPS › Division 4 - OPERATION OF PAWNSHOPS › Section 85.405 - Pawn Transaction

Current through Reg. 49, No. 28; July 12, 2024
(a) Pawn
					 Ticket.
(1) Prescribed form.
(A) The front and back of the original pawn
					 ticket are prescribed in the following two figures. Figure 1 contains the front
					 of the original pawn ticket, and figure 2 contains the back of the original
					 pawn ticket. The original portion of the pawn ticket must be given to the
					 pledgor when the pawn transaction is made.
Attached
						Graphic
Attached Graphic
(B) The prescribed back of the
					 printed copy of the pawn ticket, as shown in the following figure, must be
					 maintained in the numerical pawn ticket file.
Attached
						Graphic
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 5 - OFFICE OF CONSUMER CREDIT COMMISSIONER › Chapter 85 - PAWNSHOPS AND CRAFTED PRECIOUS METAL DEALERS › Subchapter A - RULES OF OPERATION FOR PAWNSHOPS › Division 4 - OPERATION OF PAWNSHOPS › Section 85.406 - Law Enforcement Reporting

Current through Reg. 49, No. 28; July 12, 2024
(a) Reporting requirements. The information
					 on the pawn ticket must be made available to the law enforcement agency
					 electronically or through the production of a separate copy of the pawn ticket.
(b) Suggested electronic reporting
					 guidelines. These suggested guidelines are intended to give pawnshops
					 considerable flexibility to fit individual needs while providing some guidance.
					 Modifications to the guidelines may be made without the loss of protection from
					 any liability defense. Electronic reporting is voluntary and should occur under
					 mutually acceptable terms to the pawnbroker and the law enforcement agency.
					 Information reported electronically should be transmitted by a method mutually
					 acceptable to both the pawnshop and the law enforcement agency. The suggested
					 guidelines are:
(1) the transmission be made
					 using a disk, flash drive, remote access to secure websites maintained by law
					 enforcement, or remote access to secure bulletin boards or websites;
(2) the information be provided in
					 comma-delimited ASCII text with field titles as the first record of the
					 transmission;
(3) the information
					 be sent in batches no smaller than the daily activity;
(4) the information include all purchase and
					 pawn transactions in a single transmission; and
(5) the law enforcement agency not be given
					 direct access to a pawnshop's computer system.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 5 - OFFICE OF CONSUMER CREDIT COMMISSIONER › Chapter 85 - PAWNSHOPS AND CRAFTED PRECIOUS METAL DEALERS › Subchapter A - RULES OF OPERATION FOR PAWNSHOPS › Division 4 - OPERATION OF PAWNSHOPS › Section 85.407 - Memorandum of Extension

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 Prescribed form and content. If an extension of a pawn transaction is made, a
					 written memorandum must be used to document the extension of the maturity date.
					 The memorandum of extension must be provided in one of the two prescribed
					 formats as provided in Figure: 7 TAC §85.407(a)(1) or Figure: 7 TAC
					 §85.407(a)(2) of this section. The printed portions of the memorandum must
					 be legible and all the information must be reproduced on all parts.
(1) Memorandum of extension including amount
					 due at redemption. The following figure provides an acceptable memorandum of
					 extension that includes information regarding the amount due at redemption.
					 Information regarding the amount due at redemption is optional on this form and
					 may be deleted as authorized by subsection (b) of this section.
Attached Graphic
(2) Memorandum of extension not
					 including amount due at redemption. The following figure provides an acceptable
					 memorandum of extension that does not include information regarding the amount
					 due at redemption.
Attached Graphic
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 5 - OFFICE OF CONSUMER CREDIT COMMISSIONER › Chapter 85 - PAWNSHOPS AND CRAFTED PRECIOUS METAL DEALERS › Subchapter A - RULES OF OPERATION FOR PAWNSHOPS › Division 4 - OPERATION OF PAWNSHOPS › Section 85.411 - Modification of Pledged Goods

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 Use prohibited. Use of goods pledged in connection with any open pawn
					 transaction is prohibited.
(b)
					 Character of goods. No modification or change of the characteristics of any
					 goods held in connection with any open pawn transaction is allowed.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 5 - OFFICE OF CONSUMER CREDIT COMMISSIONER › Chapter 85 - PAWNSHOPS AND CRAFTED PRECIOUS METAL DEALERS › Subchapter A - RULES OF OPERATION FOR PAWNSHOPS › Division 4 - OPERATION OF PAWNSHOPS › Section 85.412 - Redemption by Mail

Current through Reg. 49, No. 28; July 12, 2024
(a) Procedure. A
					 pledgor may redeem by mail by providing:
(1)
					 the signed pawn ticket; and
(2) a
					 photocopy of the identification used in making the pawn transaction.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 5 - OFFICE OF CONSUMER CREDIT COMMISSIONER › Chapter 85 - PAWNSHOPS AND CRAFTED PRECIOUS METAL DEALERS › Subchapter A - RULES OF OPERATION FOR PAWNSHOPS › Division 4 - OPERATION OF PAWNSHOPS › Section 85.413 - Lost or Damaged Goods

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 Responsibility. A pawnbroker must repair or replace, with like kind
					 merchandise, pledged goods that are either lost or damaged while in the
					 pawnshop's possession.
(b)
					 Acceptance of payments. Any payment may not be accepted from the pledgor and
					 the original pawn ticket must be returned when pledged goods are:
(1) lost and not replaced;
(2) damaged and not restored to the condition
					 at the time pledged; or
(3)
					 unavailable for redemption.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 5 - OFFICE OF CONSUMER CREDIT COMMISSIONER › Chapter 85 - PAWNSHOPS AND CRAFTED PRECIOUS METAL DEALERS › Subchapter A - RULES OF OPERATION FOR PAWNSHOPS › Division 4 - OPERATION OF PAWNSHOPS › Section 85.414 - Forfeiture of Pledged Goods

Current through Reg. 49, No. 28; July 12, 2024
Documentation of the date that pledged goods have been
						forfeited and have become the property of the pawnshop must be made in the
						numerical pawn ticket file or in the electronic records. When the option is
						exercised to take pledged goods as the pawnshop's property, the property is not
						eligible to be returned to pledged goods status until another disposition of
						the property is made (e.g., sale, layaway). If goods have not been taken into
						inventory and documented, the pawn transaction is still considered an open pawn
						transaction even if the grace period has expired. The pledged goods on any open
						pawn transaction may be redeemed by payment of the amount financed and pawn
						service charges accrued to the actual date of redemption.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 5 - OFFICE OF CONSUMER CREDIT COMMISSIONER › Chapter 85 - PAWNSHOPS AND CRAFTED PRECIOUS METAL DEALERS › Subchapter A - RULES OF OPERATION FOR PAWNSHOPS › Division 4 - OPERATION OF PAWNSHOPS › Section 85.415 - Proper Identification Tags Required

Current through Reg. 49, No. 28; July 12, 2024
Each item of forfeited property located in a pawnshop
						must be tagged or otherwise marked to identify the pawn transaction that
						resulted in the item being taken into inventory. This section only applies to
						forfeited property with a retail value that equals or exceeds
						$25.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 5 - OFFICE OF CONSUMER CREDIT COMMISSIONER › Chapter 85 - PAWNSHOPS AND CRAFTED PRECIOUS METAL DEALERS › Subchapter A - RULES OF OPERATION FOR PAWNSHOPS › Division 4 - OPERATION OF PAWNSHOPS › Section 85.416 - Advertisements

Current through Reg. 49, No. 28; July 12, 2024
(a) File. A file
					 must be maintained, either at the licensed office or at a principal Texas
					 office designated to the commissioner, that contains a complete record of pawn
					 advertising or other advertising material pertaining to lending money (e.g.,
					 radio broadcasts, billboards, signs not at the licensed place of business) for
					 a period of not less than one year from the date of use, or until the next
					 examination. The date or period of use of each advertisement must be
					 indicated.
(b) Content.
					 Advertisements must comply with Texas Finance Code, §
											RSA
					 371.180(b).
(c) Translation of foreign text of
					 advertisement. If any language other than English is used in any advertising
					 material, a true and correct translation must be maintained along with the
					 advertising material.
(d) Use of
					 OCCC name. Advertisements with the name of the Office of Consumer Credit
					 Commissioner may only be used in connection with the following statement: "This
					 office is licensed and examined by the Office of Consumer Credit Commissioner
					 of the State of Texas."
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 5 - OFFICE OF CONSUMER CREDIT COMMISSIONER › Chapter 85 - PAWNSHOPS AND CRAFTED PRECIOUS METAL DEALERS › Subchapter A - RULES OF OPERATION FOR PAWNSHOPS › Division 4 - OPERATION OF PAWNSHOPS › Section 85.417 - False, Misleading, or Deceptive Advertising

Current through Reg. 49, No. 28; July 12, 2024
(a) Prohibitions. Advertising that is false,
					 misleading, or deceptive and that directly relates to the making, arranging, or
					 negotiating of a pawn transaction subject to Texas Finance Code, Chapter 371,
					 is prohibited. No advertising may be made under any name that is not on the
					 pawnshop license for the location advertised.
(b) Unauthorized advertisers. No person may
					 advertise the availability of pawn transactions or suggest by use of any sign
					 or other advertisement that a location of business is a pawnshop unless that
					 person holds a pawnshop license for that location of business. Use of the words
					 or phrases "loan outlet" or "pawn outlet" constitute prohibited advertising
					 under this subsection. Advertising under a heading, category, or title of
					 "pawnbroker" or "pawnshop" or similar words will constitute prohibited
					 advertising under this subsection if the person does not hold a pawnshop
					 license for that location of business.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 5 - OFFICE OF CONSUMER CREDIT COMMISSIONER › Chapter 85 - PAWNSHOPS AND CRAFTED PRECIOUS METAL DEALERS › Subchapter A - RULES OF OPERATION FOR PAWNSHOPS › Division 4 - OPERATION OF PAWNSHOPS › Section 85.418 - Acceptance of Goods

Current through Reg. 49, No. 28; July 12, 2024
(a) Monitoring
					 of transactions and customers.
(1) Type of
					 goods offered. An item on which the serial number has obviously been defaced,
					 altered, or removed may not be taken into pawn. An item previously taken in
					 pawn in which the serial number has been previously documented may be repawned
					 if proper documentation exists and can be accurately traced to the same item if
					 the serial number on the item is missing, worn, defaced, or blurred due to
					 normal wear and tear.
(2) Written
					 policy. A written policy must be established for the acceptance of pledged
					 goods. The policy must expressly identify situations which may involve the
					 attempted pawn of stolen goods and must list procedures to be followed in order
					 to avoid the acceptance of stolen goods. A copy of the policy must be provided
					 to each employee. Each employee must sign a document acknowledging receipt and
					 understanding of the policy. A copy of each signed receipt must be placed in
					 the compliance file. Alternatively, a pawnshop may employ another systematic
					 method of filing receipts that allows for the appropriate retrieval of records
					 for inspection. A model policy may be found in the following figure.
Attached Graphic
(3) Acceptance of uniquely marked
					 goods. An item may not be accepted into pawn that is clearly marked in a manner
					 that indicates ownership by a third party (e.g., rental company, motel,
					 governmental body). An item marked in a manner that indicates ownership by a
					 third party may, however, be accepted into pawn when the pledgor produces a
					 valid receipt or other evidence of ownership of the item or the pawnbroker
					 obtains independent verification. Independent verification may include records
					 of phone calls to the third party with name, time, and verbal approval that are
					 documented on the pawn ticket.
(4)
					 Responsibility. The pawnbroker must monitor goods in order to identify and
					 prohibit transactions involving stolen goods and must make reasonable efforts
					 to avoid accepting stolen goods.
(5) Coordination with law enforcement. A
					 pawnbroker must work with law enforcement agencies regarding matters relating
					 to stolen goods and must aid in the prompt resolution of an official
					 investigation by providing, if available:
(A)
					 information to appropriate law enforcement officers (e.g., additional
					 description of pledged and purchased goods, a physical description of the
					 pledgor or seller, copies of all documents surrounding the transaction);
(B) physical inspection of the
					 goods;
(C) copy of any
					 surveillance recording relating to the transaction;
(D) access to pawnshop employees for
					 information; and
(E) cooperation
					 with any court order.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 5 - OFFICE OF CONSUMER CREDIT COMMISSIONER › Chapter 85 - PAWNSHOPS AND CRAFTED PRECIOUS METAL DEALERS › Subchapter A - RULES OF OPERATION FOR PAWNSHOPS › Division 4 - OPERATION OF PAWNSHOPS › Section 85.419 - Hold Orders

Current through Reg. 49, No. 28; July 12, 2024
(a) Generally. A
					 law enforcement agency may place a hold order on property.
(b) Suggested guidelines. This section
					 provides suggested guidelines for the placement of hold orders. These suggested
					 guidelines are intended to give pawnshops considerable flexibility to fit
					 individual needs while providing some guidance. Modifications to the guidelines
					 may be made without the loss of protection from any liability defense.
(1) A hold order should be placed in writing
					 by a law enforcement agency. The term of a hold order should not exceed 60 days
					 from the receipt of the written hold order. The law enforcement agency may
					 extend the term of the hold order for additional 30-day increments by notifying
					 the pawnshop in writing. The hold order and all applicable extensions
					 automatically terminate upon expiration.
(2) A hold order or extension should specify:
(A) name and address of the pawnshop;
(B) name, title, case number, and
					 phone number of the responsible officer at the law enforcement agency;
(C) complete description of the
					 property to be held, including model number and serial number, if applicable,
					 and the related pawn or purchase ticket number;
(D) expiration date of the hold order or
					 extension; and
(E) name of the law
					 enforcement agency that prepared the investigative report and the associated
					 number of the report.
(3) A written hold order may be transmitted
					 to the pawnshop by a mutually agreeable method.
(4) Except as provided by this subsection,
					 the property subject to a hold order should not be released, sold, redeemed, or
					 disposed of, except under:
(A) release
					 authorization from the official placing the item on hold;
(B) expiration of the hold order and any
					 applicable extensions;
(C) court
					 order, including a search warrant; or
(D) seizure by a law enforcement official.
(5) Property may be
					 released to the custody of a law enforcement agency for use in a criminal
					 investigation if the officer has furnished a written receipt for the property.
					 The release of the property to the custody of the law enforcement agency is not
					 considered to be a waiver or release of the pawnbroker's rights or interest in
					 the property. Upon the earlier of the completion of the criminal investigation
					 or the expiration of the hold order and any applicable extensions, the property
					 should be returned to the pawnshop unless a court order provides for other
					 disposition. If other disposition is ordered, the court may order the pledgor
					 or seller to pay restitution in the amount received by the pledgor or seller
					 for the property, plus accrued pawn service charges.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 5 - OFFICE OF CONSUMER CREDIT COMMISSIONER › Chapter 85 - PAWNSHOPS AND CRAFTED PRECIOUS METAL DEALERS › Subchapter A - RULES OF OPERATION FOR PAWNSHOPS › Division 4 - OPERATION OF PAWNSHOPS › Section 85.420 - Purchase Transactions

Current through Reg. 49, No. 28; July 12, 2024
(a) Relevant
					 pawn provisions. Accepting goods in a purchase transaction must be done in
					 compliance with all relevant administrative rules, in the context of the
					 purchase transaction in the same manner as if the transaction were a pawn
					 transaction. These rules include:
(1)
												§
												RSA
					 85.405(a)(5) of this
					 title--Legible information;
(2)
												§
												RSA
					 85.405(a)(6) of this
					 title--Identification of pledgor or seller;
(3)
												§
												RSA
					 85.405(c) of this
					 title--Identification of pledged goods;
(4)
												§
												RSA
					 85.405(e) of this
					 title--Standards for describing goods;
(5)
												§
												RSA
					 85.405(f) of this
					 title--Titled goods;
(6)
												§
												RSA
					 85.406 of this title--Law Enforcement
					 Reporting;
(7)
												§
												RSA 85.418 of
					 this title--Acceptance of Goods; and
(8)
												§
												RSA 85.419 of this
					 title--Hold Orders.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 5 - OFFICE OF CONSUMER CREDIT COMMISSIONER › Chapter 85 - PAWNSHOPS AND CRAFTED PRECIOUS METAL DEALERS › Subchapter A - RULES OF OPERATION FOR PAWNSHOPS › Division 4 - OPERATION OF PAWNSHOPS › Section 85.421 - Consumer Information

Current through Reg. 49, No. 28; July 12, 2024
(a) Consumer
					 education. Each pawnshop must provide financial education information as
					 prescribed by the OCCC. The pawnshop must place the information in a location
					 clearly visible to the consumer. To comply with this requirement, the pawnshop
					 may request copies of brochures from the OCCC, or print copies of brochures
					 available on the OCCC's website.
(b) Crime victim assistance.
(1) Victim's request for assistance. A crime
					 victim or the victim's representative may make an inquiry by presenting a copy
					 of a law enforcement agency offense report that describes stolen property in a
					 manner that would permit positive identification. The name of the department
					 where the stolen property report was filed and a telephone number for the
					 victim must be requested.
(2)
					 Property search. When a victim's request for assistance has been received, a
					 search must be made of all records of purchases and pawn transactions made on
					 or subsequent to the date of loss. From the time of receipt of the request
					 until the records search is completed, no property of the type described in the
					 offense report may be released without examining the property to determine if
					 it is the property of the victim.
(3) Report of findings. If stolen property
					 has come into the pawnshop's possession, the law enforcement agency that
					 originated the report must be notified. The stolen item must be placed on hold
					 pursuant to §
												RSA 85.419 of this
					 title (relating to Hold Orders) unless other instructions are received from the
					 law enforcement agency. The pawnshop is not obligated to allow the redemption
					 of items located pursuant to paragraph (2) of this subsection until the hold
					 order has expired.
(4) Victim
					 inspection. A pawnbroker is not required to permit a victim to examine the
					 records of a pawnshop, the pledged goods of a pawnshop, or any property
					 purchased by a pawnshop that is not on public display.
(5) Crime victim assistance recordkeeping.
					 Documentation on the offense report or on records filed with report must be
					 made. The record of the report findings as required in paragraph (3) of this
					 subsection must include the person to whom the report was given, the date and
					 time of the report, and the nature of the report. The records must be retained
					 in a manner which makes the reports readily available for
					 examination.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 5 - OFFICE OF CONSUMER CREDIT COMMISSIONER › Chapter 85 - PAWNSHOPS AND CRAFTED PRECIOUS METAL DEALERS › Subchapter A - RULES OF OPERATION FOR PAWNSHOPS › Division 4 - OPERATION OF PAWNSHOPS › Section 85.422 - Unclaimed Funds

Current through Reg. 49, No. 28; July 12, 2024
An amount due a pledgor unclaimed for one year must be
						transferred to an escheat suspense account. Reference to the transfer must be
						made on the printed copy in the numerical pawn ticket file.
(1) Proof of attempt to pay refund. Evidence
					 of a bona fide attempt to pay a refund to a pledgor must be maintained in a
					 file readily available for examination. The minimum acceptable evidence is a
					 registered or certified letter addressed to the last known address of the
					 pledgor. The file must include any information that indicates the pledgor's
					 whereabouts are unknown, the pledgor has left the community, or has died
					 leaving no wills or heirs.
(2) Use
					 of unclaimed funds. Use of unclaimed funds within the business until such time
					 as paid to the pledgor, the estate of the pledgor, or to the State of Texas is
					 not prohibited; however, funds transferred to the escheat account must not be
					 commingled with the funds of the business.
(3) Payment of unclaimed funds. At the end of
					 three years, the unclaimed funds must be paid to the State of Texas Comptroller
					 of Public Accounts, Unclaimed Property Division, as required by Texas Property
					 Code, §
											RSA
					 72.101 and §
											RSA
					 74.301.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 5 - OFFICE OF CONSUMER CREDIT COMMISSIONER › Chapter 85 - PAWNSHOPS AND CRAFTED PRECIOUS METAL DEALERS › Subchapter A - RULES OF OPERATION FOR PAWNSHOPS › Division 4 - OPERATION OF PAWNSHOPS › Section 85.423 - OCCC Notice

Current through Reg. 49, No. 28; July 12, 2024
(a) Definitions.
					 "Privacy notice" means any notice that a pawnbroker gives regarding a
					 consumer's right to privacy as required by a specific state or federal law.
(b) Required notice.
(1) The following notice must be given to let
					 consumers know how to file complaints: "For questions or complaints about this
					 pawn loan, contact (insert name of pawnshop) at (insert pawnshop's phone number
					 and, at pawnshop's option, one or more of the following: mailing address, fax
					 number, website, e-mail address). The pawnshop is licensed and examined under
					 Texas law by the Office of Consumer Credit Commissioner (OCCC), a state agency.
					 If a complaint or question cannot be resolved by contacting the pawnshop,
					 consumers can contact the OCCC to file a complaint or ask a general
					 credit-related question. OCCC address: 2601 N. Lamar Blvd., Austin, Texas
					 78705. Phone: (800) 538-1579. Fax: (512) 936-7610. Website: occc.texas.gov.
					 Email: consumer.complaints@occc.texas.gov."
(2) The required notice must be given in the
					 language in which a transaction is conducted.
(3) The required notice must be included with
					 each privacy notice. If a pawnbroker delivers a privacy notice simultaneously
					 with the delivery of the pledgor's copy of the pawn ticket, the pawnbroker may
					 fulfill the required notice delivery under this section by complying with
					 paragraph (4) of this subsection.
(4) A notice is required on each pawn ticket
					 of a licensed pawnbroker pursuant to §
												RSA 14.104,
					 Texas Finance Code and §
												RSA 85.405 of
					 this title (relating to Pawn Transaction).
(A) The text of the notice required by
					 paragraph (1) of this subsection is acceptable to meet this requirement; or
(B) A pawnbroker may use the
					 following notice: "TEXAS PAWNBROKERS ARE LICENSED AND REGULATED BY THE TEXAS
					 CONSUMER CREDIT COMMISSIONER. FOR INFORMATION OR ASSISTANCE WITH ANY PAWN OR
					 OTHER CREDIT PROBLEM CALL 1-800-538-1579."
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 5 - OFFICE OF CONSUMER CREDIT COMMISSIONER › Chapter 85 - PAWNSHOPS AND CRAFTED PRECIOUS METAL DEALERS › Subchapter A - RULES OF OPERATION FOR PAWNSHOPS › Division 5 - INSPECTIONS AND EXAMINATION › Section 85.501 - Examination Accommodations

Current through Reg. 49, No. 28; July 12, 2024
When a representative of the commissioner appears at a
						pawnshop to conduct an examination, the pawnshop must make available a desk or
						table providing adequate working space. The pawnshop must also provide a
						suitable chair, adequate lighting, and convenient access to a 110 volt
						electrical outlet in an area reasonably suited for office and administrative
						work.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 5 - OFFICE OF CONSUMER CREDIT COMMISSIONER › Chapter 85 - PAWNSHOPS AND CRAFTED PRECIOUS METAL DEALERS › Subchapter A - RULES OF OPERATION FOR PAWNSHOPS › Division 5 - INSPECTIONS AND EXAMINATION › Section 85.502 - Annual Report

Current through Reg. 49, No. 28; July 12, 2024
As part of the examination process, a report must be
						filed in conjunction with the pawnshop license renewal providing certain
						information in a format prescribed by the OCCC and must comply with all
						instructions relating to submitting the report. These submissions are collected
						under the examination authority of Texas Finance Code, §
											RSA
						371.201, and are confidential under the
						provisions of Texas Finance Code, §
											RSA 371.206. The
						OCCC will publish an aggregated report. A report for each licensed location
						must be filed by July 31st for the period of January 1st to December 31st of
						the preceding year and include:
(1)
					 Number of pawn loans made during the year;
(2) Amount advanced in connection with pawn
					 loans made during the year;
(3)
					 Number of pawn loans outstanding on the December 31st immediately preceding the
					 due date of the report; and
(4)
					 Amount of pawn loans outstanding on the December 31st immediately preceding the
					 due date of the report.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 5 - OFFICE OF CONSUMER CREDIT COMMISSIONER › Chapter 85 - PAWNSHOPS AND CRAFTED PRECIOUS METAL DEALERS › Subchapter A - RULES OF OPERATION FOR PAWNSHOPS › Division 5 - INSPECTIONS AND EXAMINATION › Section 85.503 - Follow-Up Examination Fees

Current through Reg. 49, No. 28; July 12, 2024
If a follow-up examination visit is required within nine
						months after a written deficiency report has been given as a result of a
						failure to comply with Chapter 371 of the Texas Finance Code, this subchapter,
						or the special instructions section of the examination report, the charge for
						the follow-up examination will be limited to no more than three examiners at
						the hourly rate of $100 per examiner.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 5 - OFFICE OF CONSUMER CREDIT COMMISSIONER › Chapter 85 - PAWNSHOPS AND CRAFTED PRECIOUS METAL DEALERS › Subchapter A - RULES OF OPERATION FOR PAWNSHOPS › Division 6 - LICENSE REVOCATION, SUSPENSION, AND SURRENDER › Section 85.601 - Denial, Suspension, or Revocation Based on Criminal History

Current through Reg. 49, No. 28; July 12, 2024
(a) Criminal
					 history record information. After an applicant for a pawnshop license or
					 pawnshop employee license submits a complete license application, including all
					 required fingerprints, and pays the fees required by §
											RSA 85.211 of this title
					 (relating to Fees) or §
											RSA 85.306 of this title
					 (relating to Fees), the OCCC will investigate the applicant and any principal
					 parties. The OCCC will obtain criminal history record information from the
					 Texas Department of Public Safety and the Federal Bureau of Investigation based
					 on the applicant's fingerprint submission. The OCCC will continue to receive
					 information on new criminal activity reported after the fingerprints have been
					 initially processed.
(b) Disclosure
					 of criminal history. The applicant must disclose all criminal history
					 information required to file a complete application with the OCCC. Failure to
					 provide any information required as part of the application or requested by the
					 OCCC reflects negatively on the belief that the business will be operated
					 lawfully and fairly. The OCCC may request additional criminal history
					 information from the applicant, including the following:
(1) information about arrests, charges,
					 indictments, and convictions of the applicant and any principal
					 parties;
(2) reliable documents or
					 testimony necessary to make a determination under subsection (c) of this
					 section, including letters of recommendation from prosecution, law enforcement,
					 and correctional authorities;
(3)
					 proof that the applicant has maintained a record of steady employment, has
					 supported the applicant's dependents, and has otherwise maintained a record of
					 good conduct; and
(4) proof that
					 all outstanding court costs, supervision fees, fines, and restitution as may
					 have been ordered have been paid or are current.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 5 - OFFICE OF CONSUMER CREDIT COMMISSIONER › Chapter 85 - PAWNSHOPS AND CRAFTED PRECIOUS METAL DEALERS › Subchapter A - RULES OF OPERATION FOR PAWNSHOPS › Division 6 - LICENSE REVOCATION, SUSPENSION, AND SURRENDER › Section 85.603 - Reinstatement of an Expired Pawnshop License

Current through Reg. 49, No. 28; July 12, 2024
If a pawnshop license expires as prescribed by §
											RSA
						85.104 of this title (relating to License
						Term, Renewal, and Expiration ) for failure to pay annual assessment fees, the
						OCCC will notify the pawnshop license holder by mailing notice to the current
						registered agent on file via certified mail that the license has expired and
						that the licensee may not make or renew a pawn loan. The holder of the expired
						license may elect to reinstate the license by submitting the fees required by
						§
											RSA
						85.211(d) of this title
						(relating to Fees) and a $1,000 reinstatement fee postmarked on or before
						December 27 of that same year. An expired pawnshop license holder may not
						conduct any licensed business at the formerly licensed location during the time
						the license is expired. Any unlicensed acts are subject to enforcement action
						by the OCCC should the holder of the expired license not cease operations upon
						expiration of the license on July 1. An expired license is considered an
						operating pawnshop location for the duration of the period of reinstatement
						right for the purpose of statutory distance requirements.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 5 - OFFICE OF CONSUMER CREDIT COMMISSIONER › Chapter 85 - PAWNSHOPS AND CRAFTED PRECIOUS METAL DEALERS › Subchapter A - RULES OF OPERATION FOR PAWNSHOPS › Division 6 - LICENSE REVOCATION, SUSPENSION, AND SURRENDER › Section 85.604 - Enforcement Action Against Pawnshop License or Pawnshop Employee License

Current through Reg. 49, No. 28; July 12, 2024
(a) Applicability.
					 In this section:
(1) the requirements imposed
					 on a pawnbroker apply to all pawnbrokers; and
(2) the requirements imposed on a pawnshop
					 employee apply only to employees of pawnbrokers that participate in the
					 pawnshop employee license program.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 5 - OFFICE OF CONSUMER CREDIT COMMISSIONER › Chapter 85 - PAWNSHOPS AND CRAFTED PRECIOUS METAL DEALERS › Subchapter A - RULES OF OPERATION FOR PAWNSHOPS › Division 6 - LICENSE REVOCATION, SUSPENSION, AND SURRENDER › Section 85.605 - Redemption of Goods after License Revocation or Suspension

Current through Reg. 49, No. 28; July 12, 2024
A pawnshop that ceases operation must make reasonable
						accommodations to ensure that a pledgor has an opportunity to redeem pledged
						goods. A sign must be posted in compliance with §
											RSA
						85.401(b) of this title
						(relating to Hours and Days of Operation) that informs a pledgor of the process
						of redemption. A copy of the posting along with additional contact information
						must be submitted to the commissioner. The opportunity for redemption may be
						made by allowing the pledgor to redeem even though the pawnshop is no longer in
						business or by providing accommodations so that the pledgor may redeem goods
						through another licensed pawnshop.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 5 - OFFICE OF CONSUMER CREDIT COMMISSIONER › Chapter 85 - PAWNSHOPS AND CRAFTED PRECIOUS METAL DEALERS › Subchapter A - RULES OF OPERATION FOR PAWNSHOPS › Division 6 - LICENSE REVOCATION, SUSPENSION, AND SURRENDER › Section 85.606 - Surrender of License

Current through Reg. 49, No. 28; July 12, 2024
(a) Winding down.
					 When a licensee surrenders its license or ceases business operations, the
					 licensee must comply with §
											RSA
					 85.605 of this title (relating to Redemption
					 of Goods After License Revocation or Suspension).
(b) Surrendering to avoid enforcement action.
					 A licensee may not surrender a license after an enforcement action has been
					 initiated without the written agreement of the OCCC.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 5 - OFFICE OF CONSUMER CREDIT COMMISSIONER › Chapter 85 - PAWNSHOPS AND CRAFTED PRECIOUS METAL DEALERS › Subchapter A - RULES OF OPERATION FOR PAWNSHOPS › Division 6 - LICENSE REVOCATION, SUSPENSION, AND SURRENDER › Section 85.607 - Hearings

Current through Reg. 49, No. 28; July 12, 2024
Hearings held under this subchapter will be held in
						accordance with the rules of procedure applicable under §
											RSA
						9.1(a) of this title
						(relating to Application, Construction, and Definitions) , the Administrative
						Procedure Act, the Texas Rules of Civil Procedure, and the Texas Rules of
						Evidence.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 5 - OFFICE OF CONSUMER CREDIT COMMISSIONER › Chapter 85 - PAWNSHOPS AND CRAFTED PRECIOUS METAL DEALERS › Subchapter A - RULES OF OPERATION FOR PAWNSHOPS › Division 6 - LICENSE REVOCATION, SUSPENSION, AND SURRENDER › Section 85.608 - Certificate of Standing; Copies

Current through Reg. 49, No. 28; July 12, 2024
Upon request, a certificate of good standing must be
						provided in accordance with §
											RSA
						82.2 of this title (relating to Public
						Information Requests; Charges).
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 5 - OFFICE OF CONSUMER CREDIT COMMISSIONER › Chapter 85 - PAWNSHOPS AND CRAFTED PRECIOUS METAL DEALERS › Subchapter A - RULES OF OPERATION FOR PAWNSHOPS › Division 7 - ENFORCEMENT; PENALTIES › Section 85.701 - Failure to Timely File a Pawnshop Employee Application

Current through Reg. 49, No. 28; July 12, 2024
(a) Applicability. This section applies only
					 to pawnbrokers that participate in the pawnshop employee license program and
					 employees of these pawnbrokers.
(b)
					 Reasonable ground for denial. Failure to file a pawnshop employee application
					 with the OCCC within 75 calendar days of the first day the employee
					 participated or trained in a transaction subject to Texas Finance Code, §
											RSA
					 371.101(c), will be a
					 reasonable ground for denial of the license. Should the OCCC find that no other
					 ground is present on which to base a denial of the license, the OCCC may grant
					 the license and take an enforcement action as provided in subsection (c) of
					 this section.
(c) Enforcement
					 actions. Failure to file a pawnshop employee application with the OCCC within
					 75 calendar days of the first day the employee participated or trained in a
					 transaction subject to Texas Finance Code, §
											RSA
					 371.101(c), may subject both
					 the pawnbroker and the pawnshop employee to one or more of the following
					 enforcement actions under Texas Finance Code, Chapters 14 and 371:
(1) an injunction;
(2) an administrative penalty;
(3) a suspension; or
(4) a revocation.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 5 - OFFICE OF CONSUMER CREDIT COMMISSIONER › Chapter 85 - PAWNSHOPS AND CRAFTED PRECIOUS METAL DEALERS › Subchapter A - RULES OF OPERATION FOR PAWNSHOPS › Division 7 - ENFORCEMENT; PENALTIES › Section 85.702 - Accepting Prohibited Merchandise

Current through Reg. 49, No. 28; July 12, 2024
(a) Applicability. In this section:
(1) the requirements imposed on a pawnbroker
					 apply to all pawnbrokers; and
(2)
					 the requirements imposed on a pawnshop employee apply only to employees of
					 pawnbrokers that participate in the pawnshop employee license
					 program.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 5 - OFFICE OF CONSUMER CREDIT COMMISSIONER › Chapter 85 - PAWNSHOPS AND CRAFTED PRECIOUS METAL DEALERS › Subchapter A - RULES OF OPERATION FOR PAWNSHOPS › Division 7 - ENFORCEMENT; PENALTIES › Section 85.703 - Savings Clause

Current through Reg. 49, No. 28; July 12, 2024
If any portion or provision of this subchapter is found
						to be illegal, invalid, or unenforceable, such illegality, invalidity, or lack
						of enforceability will not affect or impair the legality, validity, and
						enforceability of the remainder of this subchapter, all of which will remain in
						full force and effect.
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 1 - REGISTRATION PROCEDURES › Section 85.1001 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following terms, when used in this subchapter, have
						the following meanings:
(1) Broken
					 item--An item that has been damaged so that it cannot be used for its original
					 purpose without substantial repair.
(2) Crafted precious metal--Has the meaning
					 provided by Texas Occupations Code, §
											RSA
					 1956.051(3). The term does
					 not include a coin, a bar, a commemorative medallion, an item that contains
					 incidental or trace amounts of precious metal, or an item that is purchased by
					 a dealer for 105% or more of the item's scrap value.
(3) Date of purchase.
(A) For in-person sales, the date of purchase
					 is the date the seller transfers the crafted precious metal to the
					 dealer.
(B) For mail order or
					 Internet sales, the date of purchase is the earlier of:
(i) the date the dealer sends payment for the crafted precious
					 metal; or
(ii) the date the seller
					 agrees by phone or written communication to a price offered by the
					 dealer.