81R6644 BEF-D
By: Brown of Kaufman H.B. No. 1612
A BILL TO BE ENTITLED
AN ACT
relating to restrictions on the purchase of certain regulated
metals by metal recycling entities; providing a criminal penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1956.001(10), Occupations Code, is
amended to read as follows:
(10) "Regulated metal" means:
(A) manhole covers;
(B) guardrails;
(C) metal cylinders designed to contain
compressed air, oxygen, gases, or liquids;
(D) beer kegs made from metal other than
aluminum;
(E) historical markers or cemetery vases,
receptacles, or memorials made from metal other than aluminum;
(F) unused rebar;
(G) street signs;
(H) drain gates;
(I) safes;
(J) communication, transmission, and service
wire or cable;
(K) condensing or evaporator coils for heating or
air conditioning units;
(L) utility structures, including the fixtures
and hardware;
(M) aluminum or stainless steel containers
designed to hold propane for fueling forklifts; [and]
(N) metal railroad equipment, including tie
plates, signal houses, control boxes, signs, signals, traffic
devices, traffic control devices, traffic control signals, switch
plates, e-clips, and rail tie functions; and
(O) catalytic converters.
SECTION 2. Sections 1956.032(d) and (e), Occupations Code,
are amended to read as follows:
(d) The metal recycling entity or the entity's agent for
recordkeeping purposes may [photograph the seller's entire face,
not including any hat, and] obtain the name of the seller's
employer.
(e) At the time of purchase of the regulated material, the
[The] metal recycling entity or the entity's agent for
recordkeeping purposes shall:
(1) [may] take a clear digital still photograph of:
(A) the motor vehicle and any trailer attached to
the motor vehicle of the seller in which the make, model, and
license plate number of the motor vehicle and trailer are
identifiable;
(B) the regulated material being purchased; and
(C) the seller that clearly depicts the seller's
facial features; and
(2) take a clear and legible thumbprint impression of
the seller [in lieu of the information required under Subsection
(a)(3)].
SECTION 3. Sections 1956.036(a) and (b), Occupations Code,
are amended to read as follows:
(a) Except as provided by Subsection (b), not later than the
seventh day after the date of the purchase or other acquisition of
material for which a record is required under Section 1956.033, a
metal recycling entity shall electronically submit [send by
facsimile or electronic mail] to [or file with] the department a
report containing the information required to be recorded under
that section.
(b) If a metal recycling entity purchases bronze material
that is a cemetery vase, receptacle, memorial, or statuary or a pipe
that can reasonably be identified as aluminum irrigation pipe, the
entity shall:
(1) not later than the close of business on the
entity's first working day after the purchase date, notify the
department; and
(2) not later than the fifth day after the purchase
date, electronically submit [mail] to [or file with] the department
a report containing the information required to be recorded under
Section 1956.033.
SECTION 4. Section 1956.037, Occupations Code, is amended
by amending Subsection (a) and adding Subsection (a-1) to read as
follows:
(a) A metal recycling entity may not dispose of, process,
sell, or remove from the premises an item of regulated metal unless:
(1) the entity acquired the item more than five days
[72 hours], excluding weekends and holidays, before the date of the
disposal, processing, sale, or removal; or
(2) the entity purchased the item from a
manufacturing, industrial, commercial, retail, or other seller
that sells regulated material in the ordinary course of its
business.
(a-1) Notwithstanding Subsection (a), a metal recycling
entity may not dispose of material for which a record is required
under Section 1956.033 until the entity has submitted the report
required by Section 1956.036.
SECTION 5. Section 1956.040, Occupations Code, is amended
by adding Subsection (f) to read as follows:
(f) A person commits an offense if the person violates
Section 1956.021. An offense under this subsection is a state jail
felony.
SECTION 6. The changes in law made by this Act by the
amendment of Sections 1956.036(a) and (b), Occupations Code, apply
only to a report required to be submitted to the Department of
Public Safety on or after January 1, 2010. A report required to be
submitted before January 1, 2010, is governed by the law in effect
on the date the report is required to be submitted, and the former
law is continued in effect for that purpose.
SECTION 7. This Act takes effect September 1, 2009.