Section 85.408 - Presentation of Pawn Ticket(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 packing, shipping, or insuring goods redeemed by mail, the costs must be itemized. (b) Identification of person presenting pawn ticket. The person presenting a pawn ticket for redemption must be identified by requiring the person to produce an acceptable form of identification unless the person is known and recognized as the pledgor. An acceptable form of identification for a person other than the pledgor must be any form of identification listed in Texas Finance Code, §371.174(b) that is either current or has not been expired more than one year. A record in the electronic system or on the original pawn ticket must be made including the type of identification, the name on the identification, and the identifying number presented by any person other than the pledgor. (c) Receipt. A receipt for payment must be given upon request. A memorandum of extension form, properly completed as described in §85.407 of this title (relating to Memorandum of Extension), may serve as a receipt for payment of charges. (d) Original pawn ticket. Upon redemption of the pledged goods or the renewal of the pawn ticket, the person presenting the pawn ticket for redemption or renewal must sign the original pawn ticket in the properly designated field of the pawn ticket unless the original pledgor has signed a lost pawn ticket statement. The original of each pawn ticket returned upon redemption must be promptly filed in the redemption and renewal file. For purposes of this subsection, the numerical file of redemptions and renewals is a file where the documents used to redeem pawn transactions are kept in sequential order or in chronological order by date if through the use of an automated system the records pertaining to the pawn transaction can be readily located. Separate lost pawn ticket statement forms or other documents taken to document a redemption or renewal must be filed with the numerical pawn ticket file or in the redemption and renewal file according to the sequential number of the related pawn ticket. (e) Power of attorney. In the event the original pledgor desires to designate another person to redeem the pledged goods and the original pledgor has lost the pawn ticket, a proper power of attorney, which must include the pledgor's notarized signature, is required from the original pledgor designating the person for redemption. A power of attorney must be filed in the numerical pawn ticket file or the numerical index of redemptions and renewals.7 Tex. Admin. Code § 85.408
The provisions of this §85.408 adopted to be effective October 1, 2000, 25 TexReg 9435; amended to be effective June 7, 2010, 35 TexReg 3471; amended to be effective July 1, 2014, 39 TexReg 3398