Finance Code

§371.251. Pawnshops — Revocation Or Suspension Of Pawnshop License

(a) After notice and hearing, the commissioner may revoke or suspend a pawnshop license if the commissioner finds that:

(1) the pawnbroker has not paid a fee or charge imposed by the commissioner under this chapter;
(2) the pawnbroker, knowingly or without exercising due care to prevent the violation, has violated this chapter or a rule adopted or an order issued under this chapter;
(3) a fact or condition exists that, if it had existed or had been known to exist at the time of the original license application, clearly would have justified refusal to issue the license;
(4) the pawnbroker has established an association with an unlicensed person who, with the knowledge of the pawnbroker, has violated this chapter;
(5) the pawnbroker has aided or conspired with a person to circumvent this chapter;
(6) the pawnbroker or a legal or beneficial owner of the pawnbroker is not of good moral character or has been convicted of a crime that the commissioner finds directly relates to the duties and responsibilities of the occupation of pawnbroker or would otherwise make the person unfit for a pawnshop license under Section 371.052;

http://www.statutes.legis.state.tx.us/Docs/FI/htm/FI.371.htm#371.251

» Texas Administrative Code Rule 7 TAC Sec. 85.601(c)

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http://info.sos.state.tx.us/pls/pub/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=7&pt=5&ch=85&rl=601

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Note(s) Regarding This Legislation:

(c) Factors in determining whether conviction relates to occupation of pawnbroker. In determining whether a criminal offense directly relates to the duties and responsibilities of holding a license, the commissioner will consider the following factors, as specified in Texas Occupations Code, §53.022:

(1) the nature and seriousness of the crime;
(2) the relationship of the crime to the purposes for requiring a license to engage in the occupation;
(3) the extent to which a license might offer an opportunity to engage in further criminal activity of the same type as that in which the individual previously had been involved; and
(4) the relationship of the crime to the ability, capacity, or fitness required to perform the duties and discharge the responsibilities of a license holder.

(d) Effect of criminal convictions involving moral character.

(1) The commissioner may deny an application for a license, or suspend or revoke a license, if the applicant or licensee is an individual who has been convicted of any felony or a crime involving moral character that is reasonably related to the applicant's or licensee's fitness to hold a license or to operate lawfully and fairly within Texas Finance Code, Chapter 371. For purposes of this section, the following crimes are considered to be crimes involving moral character:

(A) Fraud, misrepresentation, deception, or forgery;
(B) Breach of trust or other fiduciary duty;
(C) Dishonesty or theft;
(D) Assault;
(E) Violation of a statute governing pawnshops of this or another state;
(F) Failure to file a required report with a governmental body, or filing a false report;
(G) Attempt, preparation, or conspiracy to commit one of the preceding crimes; or
(H) Attempt, preparation, or conspiracy to evade Texas Finance Code, Chapter 371 and its provisions or to evade the laws relating to the receiving or conveyance of stolen property.

(2) Effect of other criminal convictions. The commissioner may deny an application for a license, or revoke an existing license if a principal party of the license applicant or holder has been convicted of a crime that directly relates to the duties and responsibilities of a pawnbroker. Adverse action by the commissioner in response to a crime specified in this section is subject to mitigating factors and rights of the applicant or licensee, as found in §85.602 of this title (relating to Crimes Directly Related to Fitness for License; Mitigating Factors).