(a) Generally. A law enforcement agency may place a hold order on property.
(b) Suggested guidelines. This section provides suggested guidelines for the placement of hold orders. These suggested guidelines are intended to give pawnshops considerable flexibility to fit individual needs while providing some guidance. Modifications to the guidelines may be made without the loss of protection from any liability defense.
  (1) A hold order should be placed in writing by a law enforcement agency. The term of a hold order should not exceed 60 days from the receipt of the written hold order. The law enforcement agency may extend the term of the hold order for additional 30-day increments by notifying the pawnshop in writing. The hold order and all applicable extensions automatically terminate upon expiration.
  (2) A hold order or extension should specify:
    (A) name and address of the pawnshop;
    (B) name, title, case number, and phone number of the responsible officer at the law enforcement agency;
    (C) complete description of the property to be held, including model number and serial number, if applicable, and the related pawn or purchase ticket number;
    (D) expiration date of the hold order or extension; and
    (E) name of the law enforcement agency that prepared the investigative report and the associated number of the report.
  (3) A written hold order may be transmitted to the pawnshop by a mutually agreeable method.
  (4) Except as provided by this subsection, the property subject to a hold order should not be released, sold, redeemed, or disposed of, except under:
    (A) release authorization from the official placing the item on hold;
    (B) expiration of the hold order and any applicable extensions;
    (C) court order, including a search warrant; or
    (D) seizure by a law enforcement official.
  (5) Property may be released to the custody of a law enforcement agency for use in a criminal investigation if the officer has provided a written receipt for the property. The release of the property to the custody of the law enforcement agency is not considered to be a waiver or release of the pawnbroker's rights or interest in the property. Upon the earlier of the completion of the criminal investigation or the expiration of the hold order and any applicable extensions, the property should be returned to the pawnshop unless a court order provides for other disposition. If other disposition is ordered, the court may order the pledgor or seller to pay restitution in the amount received by the pledgor or seller for the property, plus accrued pawn service charges.

Source Note: The provisions of this §85.419 adopted to be effective October 1, 2000, 25 TexReg 9435; amended to be effective June 7, 2010, 35 TexReg 3471; amended to be effective July 1, 2014, 39 TexReg 3392