Sec. 17.18. APPLICABILITY OF SUBCHAPTER TO SECONDHAND WATCHES. (a) A watch is secondhand if its
(1) case, movement, or case and movement as a unit, has been previously sold or transferred to a person for his own use or the use of another;
(2) serial number, movement number, or other identification mark or number has been removed, altered, or covered up; or
(3) movement is more than one year old and has been repaired even though the watch has been returned to the seller or transferor for exchange or credit as described in Subsection (b)(1) of this section.
(b) A watch is not secondhand if
(1) after the sale or transfer described in Subsection (a)(1) of this section,
(A) the purchaser or transferee returns the watch to the seller or transferor for exchange or credit within one year from the date of sale or transfer to him;
(B) the seller or transferor keeps a written record showing
(i) the purchaser's or transferee's name;
(ii) the date of sale or transfer;
(iii) the serial number on the case and movement, if present; and
(iv) any proprietary mark;
(C) the record is kept for at least five years from the date of sale or transfer; and
(D) the record is open for inspection at the seller's or transferor's business address during business hours by
(i) the county or district attorney of the county in which the seller or transferor does business; or
(ii) his duly authorized representative; or
(2) its movement is merely cleaned, oiled, or recased.
(c) The provisions of Subsections (a) and (b) of this section do not apply to a pawnbroker's auction sale of unredeemed pledges.
Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1, eff. Sept. 1, 1967.
Section: Previous 17.01 17.08 17.11 17.12 17.18 17.19 17.20 17.21 17.22 17.29 17.30 17.31 17.41 17.42 17.43 NextLast modified: September 28, 2016