81R9619 JAM-D
By: Pierson H.B. No. 1717
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of metal recycling entities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 1956.032(a) and (f), Occupations Code,
are amended to read as follows:
(a) Except as provided by Subsection (f), a person
attempting to sell regulated material to a metal recycling entity
shall:
(1) display to the metal recycling entity the person's
personal identification document;
(2) provide to the metal recycling entity the make,
model, and license plate number of the motor vehicle used to
transport the regulated material; [and]
(3) either:
(A) present written documentation evidencing
that the person is the legal owner or is lawfully entitled to sell
the regulated material; or
(B) sign a written statement provided by the
metal recycling entity that the person is the legal owner of or is
lawfully entitled to sell the regulated material offered for sale;
and
(4) submit to the metal recycling entity a complete
set of legible fingerprints on a fingerprint card that is:
(A) approved by the department;
(B) provided by the metal recycling entity; and
(C) completed at the time of sale in the presence
of the metal recycling entity or the entity's agent.
(f) The metal recycling entity is not required to make a
copy of the identification as required under Subsection (c) or
collect the information required under Subsections [Subsection]
(a)(3) and (4) if:
(1) the seller signs the written statement as required
under Subsection (a)(3);
(2) the seller has previously provided the information
required under Subsection (a); and
(3) the previously provided information has not
changed.
SECTION 2. Section 1956.033(b), Occupations Code, is
amended to read as follows:
(b) The record must be in English and include:
(1) the place and date of the purchase;
(2) the name and address of each individual from whom
the regulated material is purchased or obtained;
(3) the identifying number of the seller's personal
identification document;
(4) a description made in accordance with the custom
of the trade of the type and quantity of regulated material
purchased; and
(5) the information required by Sections [Section]
1956.032(a)(3) and (4).
SECTION 3. Section 1956.037(a), Occupations Code, is
amended 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.
SECTION 4. Subchapter A-3, Chapter 1956, Occupations Code,
is amended by adding Section 1956.0391 to read as follows:
Sec. 1956.0391. FORM OF PAYMENT. A metal recycling entity
may not pay for a purchase of regulated material with cash. The
metal recycling entity shall make payment for a purchase of
regulated material by mailing to the seller's home or business
address a draft drawn on a depository account of a financial
institution that has its main operating office or a branch in this
state.
SECTION 5. The change in law made by this Act applies only
to a purchase of regulated material made on or after the effective
date of this Act. A purchase of regulated material made before the
effective date of this Act is governed by the law in effect when the
material was purchased, and the former law is continued in effect
for that purpose.
SECTION 6. This Act takes effect September 1, 2009.