| (a) Generally. A law enforcement agency may place a
hold order on property.
(b) Suggested guidelines. This section provides suggested
guidelines for the placement of hold orders. These suggested guidelines
are intended to give pawnshops considerable flexibility to fit individual
needs while providing some guidance. Modifications to the guidelines
may be made without the loss of protection from any liability defense.
(1) A hold order should be placed in writing by a law
enforcement agency. The term of a hold order should not exceed 60
days from the receipt of the written hold order. The law enforcement
agency may extend the term of the hold order for additional 30-day
increments by notifying the pawnshop in writing. The hold order and
all applicable extensions automatically terminate upon expiration.
(2) A hold order or extension should specify:
(A) name and address of the pawnshop;
(B) name, title, case number, and phone number of the
responsible officer at the law enforcement agency;
(C) complete description of the property to be held,
including model number and serial number, if applicable, and the related
pawn or purchase ticket number;
(D) expiration date of the hold order or extension;
and
(E) name of the law enforcement agency that prepared
the investigative report and the associated number of the report.
(3) A written hold order may be transmitted to the
pawnshop by a mutually agreeable method.
(4) Except as provided by this subsection, the property
subject to a hold order should not be released, sold, redeemed, or
disposed of, except under:
(A) release authorization from the official placing
the item on hold;
(B) expiration of the hold order and any applicable
extensions;
(C) court order, including a search warrant; or
(D) seizure by a law enforcement official.
(5) Property may be released to the custody of a law
enforcement agency for use in a criminal investigation if the officer
has provided a written receipt for the property. The release of the
property to the custody of the law enforcement agency is not considered
to be a waiver or release of the pawnbroker's rights or interest in
the property. Upon the earlier of the completion of the criminal investigation
or the expiration of the hold order and any applicable extensions,
the property should be returned to the pawnshop unless a court order
provides for other disposition. If other disposition is ordered, the
court may order the pledgor or seller to pay restitution in the amount
received by the pledgor or seller for the property, plus accrued pawn
service charges.
|
| Source Note: The provisions of this §85.419 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 3392 |
