| (i) Partnerships. A partnership applicant must submit
a complete and executed copy of the partnership agreement. This copy
must be signed and dated by all partners. If the applicant is a limited
partnership or a limited liability partnership, provide evidence of
filing with the Texas Secretary of State and a certificate of good
standing from the Texas Comptroller of Public Accounts.
(ii) Corporations. A corporate applicant, domestic
or foreign, must provide the following documents:
(I) a complete copy of the articles of incorporation
and any amendments;
(II) a certification from the secretary of the corporation
identifying the current officers and directors as listed in the owners
and principal parties section of the application;
(III) a certificate of good standing from the Texas
Comptroller of Public Accounts;
(IV) if the registered agent is not the same as the
one filed with the Texas Secretary of State, a certification from
the secretary of the corporation identifying the registered agent;
(V) if requested, a copy of the relevant portions of
the bylaws addressing the required number of directors and the required
officer positions for the corporation; and
(VI) if requested, a copy of the minutes of corporate
meetings that record the election of all current officers and directors
as listed in the owners and principal parties section of the application.
(iii) Publicly held corporations. In addition to the
items required for corporations, a publicly held corporation must
file the most recent 10K or 10Q for the applicant or for the parent
company.
(iv) Limited liability companies. A limited liability
company applicant, domestic or foreign, must provide the following
documents:
(I) a complete copy of the articles of organization;
(II) a certification from the secretary of the company
identifying the current officers and directors as listed in the owners
and principal parties section of the application;
(III) a certificate of good standing from the Texas
Comptroller of Public Accounts;
(IV) if the registered agent is not the same as the
one filed with the Texas Secretary of State, a certification from
the secretary of the corporation identifying the registered agent;
(V) if requested, a copy of the relevant portions of
the operating agreement or regulations addressing responsibility for
operations; and
(VI) if requested, a copy of the minutes of company
meetings that record the election of all current officers and directors
a listed in the owners and principal parties section of the application.
(v) Trusts. A copy of the relevant portions of the
instrument that created the trust addressing management of the trust
and operations of the applicant must be filed with the application.
(vi) Estates. A copy of the instrument establishing
the estate must be filed with the application.
(vii) Foreign entities. In addition to the items required
by this section, a foreign entity must provide:
(I) a certificate of authority to do business in Texas,
if applicable; and
(II) a statement of where records of Texas pawn transactions
will be kept. If these records will be maintained at a location outside
of Texas, the applicant must acknowledge responsibility for the travel
costs associated with examinations in addition to the usual assessment
fee or agree to make all the records available for examination in
Texas.
(viii) Formation document alternative. As an alternative
to the entity-specific formation document applicable to the applicant's
entity type (e.g., for a corporation, articles of incorporation),
an applicant may submit a "certificate of formation" as defined in
Texas Business Organizations Code, §1.002, if the certificate
of formation provides the entity formation information required by
this section for that entity type.
(C) Map. Each applicant must provide a map that shows
the following:
(i) the area where the proposed license will be situated;
(ii) the site of the proposed pawnshop;
(iii) the location, including the name and address,
of each pawnshop within three miles of the site of the proposed pawnshop
location; and
(iv) the scale at which the map was constructed.
(D) Survey. The commissioner may require a survey to
determine the distance from the proposed pawnshop location to existing
operating pawnshops.
(E) Zoning. Each applicant must file a certificate
of occupancy or other evidence that the operation of a pawnshop is
permitted at the proposed site.
(F) Lease agreement or proof of ownership. Each applicant
must file an executed lease agreement, deed, or other evidence that
the entity has control of the proposed site.
(G) Proof of general liability and fire insurance.
Each applicant must file proof of insurance as required by §85.403
of this title (relating to Insurance). The policy must explicitly
cover loss of pledged goods.
(H) Bond. The commissioner may require a bond under
Texas Pawnshop Act, §371.056, when the commissioner finds that
this would serve the public interest. When a bond is required, the
commissioner will give written notice to the applicant. Should a bond
not be submitted within 40 calendar days of the date of the commissioner's
notice, any pending application may be denied.
(b) Subsequent applications. If the applicant is currently
licensed and filing an application for a new location, the applicant
must provide the information that is unique to the new location including
the application for license, disclosure questions, owners and principal
parties, a new financial statement, a map of the area where the proposed
license will be situated as provided in subsection (a)(2)(C) of this
section, a certificate of occupancy or other evidence that the operation
of a pawnshop is permitted at the proposed site, a lease agreement
or proof of ownership, and proof of general liability and fire insurance
as provided in subsection (a)(2)(G) of this section. Other information
required by this section need not be filed if the information on file
with the OCCC is current and valid.
(c) Distances will be measured in a direct line despite
travel patterns and natural or manmade obstacles and will be measured
from front door to front door. The commissioner may require a survey
to determine distances from the proposed pawnshop location to existing
operating pawnshops. In examining the distance requirements of a proposed
pawnshop, the existence or location of an inactive license will not
be considered in the determination of the distance requirements. An
application for a new license may not be approved unless the eligibility
requirements are met and the proposed facility is within:
(1) a county with a population of less than 250,000
according to the most recent decennial census regardless of distance
from another operating pawnshop;
(2) a county with a population of 250,000 or more according
to the most recent decennial census and the pawnshop is not less than
two miles from another operating pawnshop.
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| Source Note: The provisions of this §85.202 adopted to be effective June 7, 2010, 35 TexReg 3471; amended to be effective July 1, 2014, 39 TexReg 3392; amended to be effective January 1, 2017, 41 TexReg 8815; amended to be effective February 1, 2019, 43 TexReg 8584 |
