Texas Attorney General Opinion: DM-253 Page: 1 of 4
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Office of t)e g1ttornep general
Btate of Qiexas
DAN MORALES
ATTORNEY GENERAL
Honorable David Cain Opinion No. DM-253
Chair
Committee on Transportation Re: Whether a home-rule city has authority to
Texas House of Representatives regulate outdoor displays and signs at pawn-
P.O. Box 2910 shops, and related questions (RQ-556)
Austin, Texas 78769
Dear Representative Cain:.
You have inquired of this office whether, in light of certain provisions of the
Pawnshop Act, V.T.C.S. articles 5069-51.01 et seq., the City of Dallas (the "city") may by
ordinance regulate outdoor displays, signs, and storage at pawnshops within the city. You
direct our attention to article 5069-51.17B of the Pawnshop Act, which deals with the
authority of the Consumer Credit Commissioner (the "commissioner") to regulate the
operation of pawnshops, and in particular to two subsections of that article, articles
5069-51.17B(p) and 5069-51.17B(r), which read:
(p) The commissioner may adopt rules related to the use of
outdoor displays and signs at pawnshops and the maintenance of the
premises at pawnshops.
(r) The legislature has exclusive authority regarding the
operation of pawnshops, except for those matters delegated in this
Act to the commissioner. Notwithstanding the provisions of this
Act, the commissioner has the authority to regulate only those
business practices which require a pawnshop license.
You inform us that the Dallas City Council "is currently considering an ordinance
that would prohibit the accessory outside sales, accessory outside storage, and accessory
outside display of merchandise" at pawnshops in the city. You ask a series of questions
concerning the authority of the city to enact such legislation, given the existence of the
already-cited provisions of the Pawnshop Act.
The City of Dallas is a home-mle city. As such, its powers are delimited by article
XI, section 5 of the Texas Constitution, which declares that "no charter [of a home-rulep. 1314
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Texas. Attorney-General's Office. Texas Attorney General Opinion: DM-253, text, September 3, 1993; (https://texashistory.unt.edu/ark:/67531/metapth274062/m1/1/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.