Sec. 371.059. APPROVAL; ISSUANCE OF LICENSE. (a) Subject to Subsection (b), the commissioner shall approve the application and issue a license if the commissioner finds that the applicant is eligible for the license.
(b) In a county with a population of 250,000 or more, the commissioner shall approve an application for:
(1) an original license to operate a pawnshop at a facility that is not an existing licensed pawnshop at the time the application is filed if the proposed facility is not located within two miles of a licensed pawnshop;
(2) the relocation of a licensed pawnshop to a facility that is not an existing licensed pawnshop at the time the application is filed if the facility where the pawnshop is to be relocated is not located within one mile of a licensed pawnshop; and
(3) the relocation of a licensed pawnshop if at the time the application is filed the pawnshop has been in operation at its current location for at least three years, and the facility where the pawnshop is to be relocated is either within one mile of its existing location or, if in excess of one mile from its existing location, not within one mile of another existing operating pawnshop.
(c) Notwithstanding Subsection (b)(3), the commissioner may approve an application for the relocation of a licensed pawnshop that needs to relocate marginally further than one mile from its existing location or that at the time the application is made has not been in operation in its current location for at least three years if the necessity for relocation was caused by circumstances beyond the applicant's control.
(d) A determination of distance for purposes of this section is based on a measurement taken from the front door of a facility to the front door of the other facility. For a facility not in existence at the time the application is filed, the location of the front door of the proposed facility must be indicated on architectural drawings or comparable professionally prepared drawings depicting the facility and the entire boundary of the lot or parcel of land to which the facility is to be attached.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 1399, Sec. 1, eff. Sept. 1, 1999.
Structure Texas Statutes
Title 4 - Regulation of Interest, Loans, and Financed Transactions
Subchapter B. Pawnshop License
Section 371.051. Pawnshop License Required
Section 371.053. Verification of Applicant's Net Assets
Section 371.054. License Application
Section 371.055. Fees; Proof of Insurance
Section 371.057. Investigation; Notice of Application
Section 371.058. Public Hearing
Section 371.059. Approval; Issuance of License
Section 371.060. Notice of Denial; Hearing
Section 371.061. Period for Final Decision to Approve or Deny
Section 371.062. Disposition of Fees on Denial of Application
Section 371.0625. License Term
Section 371.063. License Issued Before October 1, 1981
Section 371.064. License Fee; Expiration
Section 371.0645. Grounds for Refusal to Renew
Section 371.066. Temporary License
Section 371.067. Contents and Display of License
Section 371.068. Multiple Places of Business
Section 371.069. Change of Ownership
Section 371.070. Transfer or Assignment of License
Section 371.071. Application for Relocation
Section 371.072. Net Assets Requirement
Section 371.073. Appointment of Agent
Section 371.074. Pawnbroker Responsible for Employees and Agents