Texas 2009 - 81st Regular

Texas House Bill HB1612 Compare Versions

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

Old	New	Differences
1	1	81R6644 BEF-D
2	2	By: Brown of Kaufman H.B. No. 1612
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to restrictions on the purchase of certain regulated
8	8	metals by metal recycling entities; providing a criminal penalty.
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; and
37	37	(O) catalytic converters.
38	38	SECTION 2. Sections 1956.032(d) and (e), Occupations Code,
39	39	are amended to read as follows:
40	40	(d) The metal recycling entity or the entity's agent for
41	41	recordkeeping purposes may [photograph the seller's entire face,
42	42	not including any hat, and] obtain the name of the seller's
43	43	employer.
44	44	(e) At the time of purchase of the regulated material, the
45	45	[The] metal recycling entity or the entity's agent for
46	46	recordkeeping purposes shall:
47	47	(1) [may] take a clear digital still photograph of:
48	48	(A) the motor vehicle and any trailer attached to
49	49	the motor vehicle of the seller in which the make, model, and
50	50	license plate number of the motor vehicle and trailer are
51	51	identifiable;
52	52	(B) the regulated material being purchased; and
53	53	(C) the seller that clearly depicts the seller's
54	54	facial features; and
55	55	(2) take a clear and legible thumbprint impression of
56	56	the seller [in lieu of the information required under Subsection
57	57	(a)(3)].
58	58	SECTION 3. Sections 1956.036(a) and (b), Occupations Code,
59	59	are amended to read as follows:
60	60	(a) Except as provided by Subsection (b), not later than the
61	61	seventh day after the date of the purchase or other acquisition of
62	62	material for which a record is required under Section 1956.033, a
63	63	metal recycling entity shall electronically submit [send by
64	64	facsimile or electronic mail] to [or file with] the department a
65	65	report containing the information required to be recorded under
66	66	that section.
67	67	(b) If a metal recycling entity purchases bronze material
68	68	that is a cemetery vase, receptacle, memorial, or statuary or a pipe
69	69	that can reasonably be identified as aluminum irrigation pipe, the
70	70	entity shall:
71	71	(1) not later than the close of business on the
72	72	entity's first working day after the purchase date, notify the
73	73	department; and
74	74	(2) not later than the fifth day after the purchase
75	75	date, electronically submit [mail] to [or file with] the department
76	76	a report containing the information required to be recorded under
77	77	Section 1956.033.
78	78	SECTION 4. Section 1956.037, Occupations Code, is amended
79	79	by amending Subsection (a) and adding Subsection (a-1) to read as
80	80	follows:
81	81	(a) A metal recycling entity may not dispose of, process,
82	82	sell, or remove from the premises an item of regulated metal unless:
83	83	(1) the entity acquired the item more than five days
84	84	[72 hours], excluding weekends and holidays, before the date of the
85	85	disposal, processing, sale, or removal; or
86	86	(2) the entity purchased the item from a
87	87	manufacturing, industrial, commercial, retail, or other seller
88	88	that sells regulated material in the ordinary course of its
89	89	business.
90	90	(a-1) Notwithstanding Subsection (a), a metal recycling
91	91	entity may not dispose of material for which a record is required
92	92	under Section 1956.033 until the entity has submitted the report
93	93	required by Section 1956.036.
94	94	SECTION 5. Section 1956.040, Occupations Code, is amended
95	95	by adding Subsection (f) to read as follows:
96	96	(f) A person commits an offense if the person violates
97	97	Section 1956.021. An offense under this subsection is a state jail
98	98	felony.
99	99	SECTION 6. The changes in law made by this Act by the
100	100	amendment of Sections 1956.036(a) and (b), Occupations Code, apply
101	101	only to a report required to be submitted to the Department of
102	102	Public Safety on or after January 1, 2010. A report required to be
103	103	submitted before January 1, 2010, is governed by the law in effect
104	104	on the date the report is required to be submitted, and the former
105	105	law is continued in effect for that purpose.
106	106	SECTION 7. This Act takes effect September 1, 2009.