81R1180 CLG-D
By: Giddings H.B. No. 2127
A BILL TO BE ENTITLED
AN ACT
relating to regulations regarding the sale of plastic bulk
merchandise containers; providing a criminal penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 35.63, Business & Commerce Code, as
added by Chapter 307 (H.B. 1871), Acts of the 80th Legislature,
Regular Session, 2007, is amended by adding Subsections (g) and (h)
to read as follows:
(g) A person who violates this section commits an offense.
Except as provided by Subsection (h), an offense under this
subsection is a Class C misdemeanor punishable by:
(1) a fine not to exceed $350, if the total purchase
price of the plastic bulk merchandise containers to which the
offense relates is less than $1,000; or
(2) a fine not to exceed $700, if the total purchase
price of the plastic bulk merchandise containers to which the
offense relates is $1,000 or more.
(h) If it is shown on the trial of an offense under this
section that the defendant has been previously convicted of an
offense under this section based on the same type of violation, the
offense is punishable by a fine not to exceed twice the maximum
amount of the fine prescribed for a first offense under this
section.
SECTION 2. Chapter 204, Business & Commerce Code, as
effective September 1, 2009, is amended by adding Section 204.005
to read as follows:
Sec. 204.005. CRIMINAL PENALTY. (a) A person who violates
this chapter commits an offense.
(b) Except as provided by Subsection (c), an offense under
this section is a Class C misdemeanor punishable by:
(1) a fine not to exceed $350, if the total purchase
price of the plastic bulk merchandise containers to which the
offense relates is less than $1,000; or
(2) a fine not to exceed $700, if the total purchase
price of the plastic bulk merchandise containers to which the
offense relates is $1,000 or more.
(c) If it is shown on the trial of an offense under this
section that the defendant has been previously convicted of an
offense under this section based on the same type of violation, the
offense is punishable by a fine not to exceed twice the maximum
amount of the fine prescribed for a first offense under this
section.
SECTION 3. (a) Section 1 of this Act takes effect only if
the Act of the 81st Legislature, Regular Session, 2009, relating to
nonsubstantive additions to and corrections in existing codes does
not become law.
(b) Section 2 of this Act takes effect only if the Act of the
81st Legislature, Regular Session, 2009, relating to
nonsubstantive additions to and corrections in existing codes
becomes law.
SECTION 4. This Act takes effect September 1, 2009.