Document Citation: 7 TAC § 85.401

Header:
TEXAS ADMINISTRATIVE CODE
TITLE 7. BANKING AND SECURITIES
PART 5. OFFICE OF CONSUMER CREDIT COMMISSIONER
CHAPTER 85. RULES OF OPERATION FOR PAWNSHOPS
SUBCHAPTER D. OPERATION OF PAWNSHOPS

Date:
08/31/2009

Document:

§ 85.401. Hours and Days of Operation

(a) Public posting. A pawnshop's normal operating schedule must be posted so it is visible from the main public entrance. The schedule must include the hours for each day the shop will normally be open for business. Normal hours may include regular periods of closing during a day, such as a lunch time closing. The pawnshop must be open for business according to its posted schedule unless there is an approved closing pursuant to subsection (b) of this section.

(b) Approved closing.

(1) Holiday closing.

(A) A pawnshop may be closed on any federal holiday without notice.

(B) A pawnshop may close for a state or religious holiday after posting notice five calendar days prior to the date of closing. A notice of closing must be posted so it is visible from the main public entrance.

(2) Non-holiday closing. Pledgors must be advised of a closing five days in advance through use of a posted notice or the mailing of notices to pledgors prior to the date of a temporary, non-emergency closing. Any closing in excess of three business days requires notification to the commissioner 15 days in advance. A notice of closing must be posted so it is visible from the main public entrance. A day that the pawnshop is normally closed under its posted schedule is not a non-holiday closing as defined in this paragraph.

(3) Emergency closing. A notice of closing must be posted so it is visible from the main public entrance if a pawnshop is closed during regular posted hours due to an emergency. If determinable, the notice must include the date and time when the pawnshop will reopen for business. As soon as reasonable, the commissioner should be notified in writing of closings extending over three business days in duration.

(c) Effect of closing.

(1) Non-holiday closing. The amount of pawn service charge scheduled to accrue on each pawn transaction from the date of non-holiday closing pursuant to subsection (b)(2) of this section until actual redemption must be waived for any person who states an attempt was made to redeem goods during the closing.

(2) All closings. If a pawnshop is closed on the "last day of grace," the pledgor or holder of the pawn ticket must have until the close of business on the next normal business day the pawnshop is open to redeem the pledged goods, renew, or extend the pawn transaction.