85R12497 GRM-D     By: Dukes H.B. No. 4077       A BILL TO BE ENTITLED   AN ACT   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 [11th] day after the date the report   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.