| (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.
(e) Authorization for military service members and
military spouses.
(1) As provided by Texas Occupations Code, §55.0041,
a military service member or military spouse may engage in business
as a pawnshop employee if the member or spouse is currently licensed
in good standing in another jurisdiction that has licensing requirements
that are substantially equivalent to the requirements for a pawnshop
employee license in Texas.
(2) Before engaging in business in Texas, the military
service member or military spouse must comply with the notification
requirements described by Texas Occupations Code, §55.0041(b),
and must notify the OCCC of the jurisdiction where the military spouse
is licensed and how the license can be verified. If the member or
spouse does not obtain a pawnshop employee license in Texas, then
the member or spouse is limited to the time period described by Texas
Occupations Code, §55.0041(d)-(d-1).
(3) For purposes of this section and Texas Occupations
Code, §55.0041, the OCCC will determine whether the other jurisdiction's
licensing requirements are substantially similar to Texas's by reviewing
the applicable legal requirements that a license holder must comply
with in the other jurisdiction, as well as the application review
process in the other jurisdiction. The OCCC will verify a license
issued in another jurisdiction by requesting records from the appropriate
licensing authority. The OCCC will send a request for records to the
appropriate licensing authority no later than the 30th day after the
military service member or military spouse submits the information
required by Texas Occupations Code, §55.0041(b)(1)-(2).
(f) Credit toward licensing requirements. As provided
by Texas Occupations Code, §55.007, with respect to an applicant
who is a military service member or military veteran, the OCCC will
credit verified military service, training, or education toward the
licensing requirements for a pawnshop employee license, by considering
the service, training, or education as part of the applicant's employment
history.
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