Current through Reg. 49, No. 45; November 8, 2024
Section 85.421 - Consumer Information(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.7 Tex. Admin. Code § 85.421
The provisions of this §85.421 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; Amended by Texas Register, Volume 43, Number 52, December 28, 2018, TexReg 8588, eff. 2/1/2019; Amended by Texas Register, Volume 47, Number 35, September 2, 2022, TexReg 5334, eff. 10/1/2022