Sec. 371.167. LOST OR DAMAGED GOODS. (a) A pawnbroker shall replace pledged goods that are lost or damaged while in the pawnbroker's possession with like kind merchandise. The replacement is subject to approval by the commissioner and the pledgor must exhaust this administrative remedy with respect to the lost or damaged pledged goods before seeking a remedy in court. If the commissioner does not approve a replacement before the 91st day after the date on which the commissioner receives a complaint from the pledgor concerning the lost or damaged goods, or if the pledgor does not accept the commissioner's determination, the pledgor may seek a remedy in court.
(b) For purposes of this section, goods are considered lost if the goods are destroyed or have disappeared and are unavailable for return to the pledgor.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 1399, Sec. 7, eff. Sept. 1, 1999.
Structure Texas Statutes
Title 4 - Regulation of Interest, Loans, and Financed Transactions
Subchapter D. Operation of Pawnshops
Section 371.151. Hours of Operation
Section 371.152. Recordkeeping
Section 371.153. Notice of Operation of Other Business
Section 371.154. Insurance and Bond
Section 371.155. Pawnshop Security
Section 371.156. Pawn Transaction
Section 371.158. Amount Financed
Section 371.159. Pawn Service Charge
Section 371.160. Maturity Date; Memorandum of Extension
Section 371.161. Early Redemption: Reduction of Pawn Service Charge
Section 371.162. Presentation of Ticket; Presumption
Section 371.163. Lost or Destroyed Ticket
Section 371.164. Duty of Reasonable Care
Section 371.165. Return of Pledged Goods
Section 371.166. Redemption by Mail
Section 371.167. Lost or Damaged Goods
Section 371.168. Exemption From Criminal Liability
Section 371.169. Unredeemed Pledged Goods; Forfeiture
Section 371.170. Redemption or Payment by Pledgor Not Required
Section 371.171. Agreement Requiring Pledgor's Personal Liability Prohibited
Section 371.172. Waiver of Pledgor's Rights Prohibited
Section 371.173. Insurance Charge Limited
Section 371.174. Identification of Pledgor or Seller Required
Section 371.175. Property Identification Tags Required
Section 371.177. Purchase of Used Personal Property
Section 371.178. Acceptance of Building Construction Materials
Section 371.179. Displays of Certain Weapons Prohibited