| (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 §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.
|
| Source Note: 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 3392; amended to be effective February 1, 2019, 43 TexReg 8584; amended to be effective October 1, 2022, 47 TexReg 5333 |
