Texas 2009 - 81st Regular

Texas House Bill HB1188 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R2626 JAM-D
2	2	By: Truitt H.B. No. 1188
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the regulation of metal recycling entities; providing
8	8	penalties.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 1956.001(10), Occupations Code, is
11	11	amended to read as follows:
12	12	(10) "Regulated metal" means:
13	13	(A) manhole covers;
14	14	(B) guardrails;
15	15	(C) metal cylinders designed to contain
16	16	compressed air, oxygen, gases, or liquids;
17	17	(D) beer kegs made from metal other than
18	18	aluminum;
19	19	(E) historical markers or cemetery vases,
20	20	receptacles, or memorials made from metal other than aluminum;
21	21	(F) unused rebar;
22	22	(G) street signs;
23	23	(H) drain gates;
24	24	(I) safes;
25	25	(J) communication, transmission, and service
26	26	wire or cable;
27	27	(K) condensing or evaporator coils for heating or
28	28	air conditioning units;
29	29	(L) utility structures, including the fixtures
30	30	and hardware;
31	31	(M) aluminum or stainless steel containers
32	32	designed to hold propane for fueling forklifts; [and]
33	33	(N) metal railroad equipment, including tie
34	34	plates, signal houses, control boxes, signs, signals, traffic
35	35	devices, traffic control devices, traffic control signals, switch
36	36	plates, e-clips, and rail tie functions;
37	37	(O) catalytic converters;
38	38	(P) metal bleachers or other seating facilities
39	39	used in recreational areas or sporting arenas;
40	40	(Q) plumbing or electrical fixtures;
41	41	(R) tools;
42	42	(S) machinery or supplies commonly used in the
43	43	drilling, completing, operating, or repairing of oil or gas wells;
44	44	(T) stainless steel fittings and fixtures
45	45	commonly used in the operation of car wash facilities; and
46	46	(U) any metal item marked with any form of the
47	47	name, initials, or logo of a government entity, utility, cemetery,
48	48	or railroad.
49	49	SECTION 2. Section 1956.032(e), Occupations Code, is
50	50	amended to read as follows:
51	51	(e) The metal recycling entity or the entity's agent for
52	52	recordkeeping purposes may take a photograph of the motor vehicle
53	53	of the seller in which the make, model, and license plate number of
54	54	the motor vehicle are identifiable in lieu of the information
55	55	required under Subsection (a)(2) [(a)(3)].
56	56	SECTION 3. Section 1956.037(a), Occupations Code, is
57	57	amended to read as follows:
58	58	(a) A metal recycling entity may not dispose of, process,
59	59	sell, or remove from the premises an item of regulated material
60	60	[metal] unless:
61	61	(1) the entity acquired the item more than 72 hours,
62	62	excluding weekends and holidays, before the disposal, processing,
63	63	sale, or removal; [or]
64	64	(2) for purchases of 35 pounds or more of regulated
65	65	material, the entity holds the material separate and apart from all
66	66	other purchases so that the regulated material may be readily
67	67	identifiable for a period of not less than 10 days, excluding
68	68	weekends and holidays, before the disposal, processing, sale, or
69	69	removal; or
70	70	(3) the entity purchased the item from a
71	71	manufacturing, industrial, commercial, retail, or other seller
72	72	that sells regulated material in the ordinary course of its
73	73	business.
74	74	SECTION 4. Subchapter A-3, Chapter 1956, Occupations Code,
75	75	is amended by adding Sections 1956.0395 and 1956.0396 to read as
76	76	follows:
77	77	Sec. 1956.0395. PURCHASE FROM MINOR. (a) A metal recycling
78	78	entity may not purchase regulated material from a person younger
79	79	than 18 years of age unless a written statement from the seller's
80	80	parent or legal guardian consenting to the transaction is provided
81	81	to the entity before the transaction.
82	82	(b) The metal recycling entity shall retain the statement
83	83	with the records required to be kept under this subchapter.
84	84	Sec. 1956.0396. INSULATED WIRE. A metal recycling entity
85	85	may not purchase or otherwise receive wire that has been burned in
86	86	whole or in part to remove the insulation.
87	87	SECTION 5. Section 1956.151, Occupations Code, is amended
88	88	to read as follows:
89	89	Sec. 1956.151. DENIAL OF CERTIFICATE; DISCIPLINARY ACTION.
90	90	The department shall deny an application for a certificate of
91	91	registration, suspend or revoke a certificate of registration, or
92	92	reprimand a person who is registered under this chapter if the
93	93	person:
94	94	(1) obtains a certificate of registration by means of
95	95	fraud, misrepresentation, or concealment of a material fact;
96	96	(2) sells, barters, or offers to sell or barter a
97	97	certificate of registration;
98	98	(3) violates this chapter or a rule adopted under this
99	99	chapter; or
100	100	(4) violates Section 1956.021.
101	101	SECTION 6. This Act takes effect September 1, 2009.