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TITLE 7BANKING AND SECURITIES
PART 5OFFICE OF CONSUMER CREDIT COMMISSIONER
CHAPTER 85PAWNSHOPS AND CRAFTED PRECIOUS METAL DEALERS
SUBCHAPTER ARULES OF OPERATION FOR PAWNSHOPS
DIVISION 4OPERATION OF PAWNSHOPS
RULE §85.404Security of Pledged Goods

(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 jewelry. A pawnshop that accepts jewelry as pledged goods must have a vault or safe that provides an additional level of security above the required alarm system.

(c) Exterior storage of pledged goods. If pledged goods are accepted and cannot reasonably be stored inside the pawnshop (e.g., motor vehicles, boats, trailers, construction equipment), the goods must be stored adjoining the pawnshop and must be securely enclosed by protective fencing unless those goods are stored in compliance with subsection (d) of this section. Any damage or deterioration of pledged goods resulting from outdoor storage will be handled in accordance with §85.413 of this title (relating to Lost or Damaged Goods).

(d) Remote storage. A pawnshop that stores pledged goods in a remote location is subject to subsections (a) - (c) of this section. A remote location is defined as a location not immediately accessible from the pawnshop. If upon redemption a pledged item cannot be retrieved from the remote location within 30 minutes, the pledgor, prior to the transaction, must be notified in writing that the goods may not be available immediately. The written notice must also state the maximum length of time it will take to retrieve the item from remote storage upon redemption.

(e) Public display of pledged goods prohibited. Pledged goods must not be placed in a public area of the pawnshop.


Source Note: The provisions of this §85.404 adopted to be effective October 1, 2000, 25 TexReg 9435; amended to be effective September 19, 2005, 30 TexReg 5337; amended to be effective June 7, 2010, 35 TexReg 3471

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