Texas Administrative Code

The commissioner may require a bond under Texas Pawnshop Act, §371.056 when the commissioner finds that this would serve the public interest. When a bond is required, the commissioner will give written notice to the applicant. Upon failure to submit a bond within 40 calendar days…

(a) Organizational form. When any licensee or parent of a licensee desires to change the organizational form of its business (e.g., from sole proprietorship to corporation) that results in the exact same individuals or entities still owning the business, the licensee must advise …

Unless otherwise provided for by statute or this chapter, the department may send notice of department proposed actions and decisions through email sent to the last email address designated by the licensee.

A license issued by the department is valid only for the person who applied for the license; applies only to the single VSF or person named on the license; and is valid for 12 months from the date of issuance.

(a) Supplemental information. Upon request, each applicant must provide information supplemental to that contained in the applicant's original application documents. (b) Applicant's updates to license application information. Before a license application is approved, an applicant…

(a) Inactivation of active license. A licensee may cease operating a pawnshop and choose to inactivate the license. A license may be inactivated by giving notice of the cessation of operations not less than 30 calendar days prior to the anticipated inactivation date. Written noti…

(a) New licenses. A $500 nonrefundable investigation fee is assessed each time an application for a new license is filed. The applicant is also required to pay the initial assessment fee required by subsection (e)(5) of this section. This assessment fee will be refunded if the ap…

Once a license application or notice is filed with the OCCC, it becomes a "state record" under Texas Government Code, §441.180(11), and "public information" under Government Code, §552.002. Under Government Code, §§441.190, 441.191 and 552.004, the original applications and notic…

(a) A health authority must be appointed in a municipality or county that has established a local health department or public health district. (1) The director of a local health department or public health district, if the director is a physician, shall be the health authority wi…

(a) Dependent care reimbursement plan. (1) Eligibility. Any employee eligible to participate in the Texas Employees Group Benefits Program may elect to participate in the dependent care reimbursement account. (2) Participation. (A) An employee who is eligible under paragraph (1) …

An application for issuance of a new pawnshop employee license must be submitted in a format prescribed by the OCCC at the date of filing and in accordance with the OCCC's instructions. All questions must be answered. Appropriate fees must be filed with the application, and the a…

If a pawnshop employee ceases working at a pawnshop that participates in the pawnshop employee license program, then the pawnbroker must notify the OCCC of the termination within one week from the issuance of the final wage payment or in accordance with a standard preapproved rep…

If a licensed pawnshop employee begins working at a pawnshop participating in the pawnshop employee license program, and the pawnshop is different from the pawnshop on file for the employee's license, then the hiring pawnbroker must notify the OCCC of the hiring within one week f…

(a) Application requirements. An application for a pawnshop employee license must contain the items required in accordance with §85.301 of this title (relating to Filing of New Application). (b) Complete application. An application is complete when: (1) the application conforms t…

(a) Supplemental information. Upon request, each applicant must provide information supplemental to that contained in the applicant's original application documents. (b) Applicant's updates to license application information. Before a license application is approved, an applicant…

(a) New licenses. A $50 nonrefundable investigation and annual fee is assessed each time an application for a new license is filed. (b) Fingerprint processing. An applicant must pay a fee to a party designated by the Texas Department of Public Safety for processing fingerprints. …

Once a license application or notice is filed with the OCCC, it becomes a "state record" under Texas Government Code, §441.180(11), and "public information" under Government Code, §552.002. Under Government Code, §§441.190, 441.191 and 552.004, the original applications and notic…

(a) Maintaining records. If a pawnbroker participates in the pawnshop employee license program, then the pawnbroker must maintain adequate written documents demonstrating that all pawnshop employees are either properly licensed pursuant to Texas Finance Code, §371.101 or have app…

(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 pawnbr…

(a) Dependent care reimbursement plan--A separate plan under the Code, §129, adopted by the board of trustees, and designed to provide payment or reimbursement for dependent care expenses as described in §85.5(c) of this title (relating to Benefits). The following sections of thi…

(a) For any public health data request not subject to an existing agreement with the department, the local public health entity submits a request to the department using procedures posted on the department's website. (b) The local public health entity must provide sufficient info…

(a) An applicant or VSF licensee is responsible for ensuring the electronic submission of a certificate of insurance when applying for an initial license, submitting a license renewal, changing a business name or affiliation, and upon request of the department. (b) The certificat…

(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…

(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-c…

(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 l…

(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 j…

(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 p…

(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 intend…

(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) Record of payment. A record of an amount collected in connection with a pawn transaction must be made immediately upon receipt. In a manual system, the payment notation must be made in the numerical pawn ticket file. If the amount of money received includes any costs for pack…

(a) Notice of lost pawn ticket. When oral notification is received from a pledgor that the pledgor's pawn ticket has been lost or stolen, the pledgor must be instructed to give the notice in writing and informed that pledged items may still be taken into inventory after the last …

(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.

(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. (b) Acceptable alternatives. If the pawn ticket is unavailable, the pledgor may mail a request to redeem the pawn t…

(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…

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 i…

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.

(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, sig…

(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 p…

(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 b…

(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 …

(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) §85.405…

(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 …

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) 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 questi…

(a) Vehicle storage facilities shall be inspected in accordance with Texas Occupations Code, Chapter 51, and the inspection rules under 16 Texas Administrative Code, Chapter 60, Subchapter H. (b) The department may make information available to licensees and managers regarding be…

(a) Benefits available for selection by participants. A participant may elect, in accordance with the procedures set forth in this section, one or both of the following benefits, subject to all the requirements and conditions contained in these rules: (1) health care reimbursemen…

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 el…