Texas Administrative Code
Title 7 - BANKING AND SECURITIES
Part 5 - OFFICE OF CONSUMER CREDIT COMMISSIONER
Chapter 85 - PAWNSHOPS AND CRAFTED PRECIOUS METAL DEALERS
Subchapter A - RULES OF OPERATION FOR PAWNSHOPS
Division 2 - PAWNSHOP LICENSE
Section 85.203 - Relocation
Current through Reg. 50, No. 13; March 28, 2025
(a) Definition. As used in §371.059 of the Texas Pawnshop Act and in this section, the "relocation of a licensed pawnshop" means:
(b) Approval of relocation. A pawnshop may not be relocated without the prior approval of the commissioner. An application for relocation must be filed as prescribed by this section before a pawnshop may begin operation at a new location.
(c) Filing requirements. An application for relocation must be submitted in a format prescribed by the OCCC at the date of filing and in accordance with the OCCC's instructions. The OCCC may accept the use of prescribed alternative formats in order to accept approved electronic submissions. The application for relocation must include the following:
(d) Engaging in business. An applicant may not advertise the opening of a relocated pawnshop prior to approval, except that a pawnbroker who intends to relocate a pawnshop may, beginning 90 days or less prior to the projected date of relocation, post a sign inside the existing shop and give customers a written notice of the anticipated relocation pursuant to subsection (e) of this section.
(e) Notice to customer. A written notice of relocation must be given to each pledgor whose pledged goods will be moved. Five days prior to relocation the pawnbroker must mail written notices to each pledgor who has not been given a written notice prior to that date. A notice must identify the pawnshop, both the old and the new locations, the telephone number of the new location, and the date the relocation is effective. The commissioner may modify the notification requirement if the relocation adversely affects pledgors. The modification may require the pawnbroker to extend the maturity date of pawn transactions or waive the collection of pawn service charges which may accrue after relocation. No relocation may be made which will adversely affect pledgors to the extent that redemption is unreasonable or impossible due to the distance between the locations. The commissioner may approve notification by signs in lieu of notification by mail if no pledgors will be adversely affected. When a relocation also involves a transfer of ownership, the buyer may agree to assume responsibility for compliance with this subsection.
(f) Relocation distances. 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 relocation may not be approved unless the eligibility requirements are met.
(g) Pawn transactions. If the pawnbroker is only transferring pawn transactions from one licensed location to another licensed location, the pawnbroker must comply with subsection (e) of this section and provide, if requested, a list of pawn transactions transferred. This list of transferred pawn transactions must include the pawn ticket number and the full name of the pledgor.