Texas 2009 - 81st Regular

Texas House Bill HB2127 Compare Versions

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1	1	H.B. No. 2127
2	2
3	3
4	4	AN ACT
5	5	relating to regulations regarding the sale of plastic bulk
6	6	merchandise containers; providing a criminal penalty.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 35.63, Business & Commerce Code, as
9	9	added by Chapter 307 (H.B. 1871), Acts of the 80th Legislature,
10	10	Regular Session, 2007, is amended by amending Subsections (b), (c),
11	11	(d), and (e) and adding Subsections (g) and (h) to read as follows:
12	12	(b) A person who is in the business of recycling, shredding,
13	13	or destroying plastic bulk merchandise containers, before
14	14	purchasing 10 [five] or more plastic bulk merchandise containers
15	15	from an individual at one time, [the same person,] shall:
16	16	(1) obtain from an individual [that person]:
17	17	(A) proof of ownership for the containers; and
18	18	(B) a record that contains:
19	19	(i) the name, address, and telephone number
20	20	of the person or the person's authorized representative;
21	21	(ii) the name and address of the buyer of
22	22	the containers or any consignee of the containers;
23	23	(iii) a description of the containers,
24	24	including the number of the containers to be sold; and
25	25	(iv) the date of the transaction; and
26	26	(2) verify the identity of the individual selling the
27	27	containers or representing the seller from a driver's license or
28	28	other government-issued identification card that includes the
29	29	individual's photograph, and record the verification.
30	30	(c) A person who is in the business of recycling, shredding,
31	31	or destroying plastic bulk merchandise containers shall retain a
32	32	record obtained or made under this section until the first
33	33	anniversary of the later of the date the containers are purchased or
34	34	delivered.
35	35	(d) A person who is in the business of recycling, shredding,
36	36	or destroying plastic bulk merchandise containers who violates
37	37	Subsection (b) or (c) is liable to this state for a civil penalty of
38	38	$10,000 for each violation.
39	39	(e) A person who is in the business of recycling, shredding,
40	40	or destroying plastic bulk merchandise containers may not use an
41	41	artifice to avoid the application of this section, including
42	42	documenting purchases from the same person on the same day as
43	43	multiple transactions. A person who is in the business of
44	44	recycling, shredding, or destroying plastic bulk merchandise
45	45	containers who violates this subsection is liable to this state for
46	46	a civil penalty of $30,000 for each violation.
47	47	(g) A person who is in the business of recycling, shredding,
48	48	or destroying plastic bulk merchandise containers who violates this
49	49	section commits an offense. Except as provided by Subsection (h),
50	50	an offense under this subsection is a Class C misdemeanor
51	51	punishable by:
52	52	(1) a fine not to exceed $350, if the total purchase
53	53	price of the plastic bulk merchandise containers to which the
54	54	offense relates is less than $1,000; or
55	55	(2) a fine not to exceed $700, if the total purchase
56	56	price of the plastic bulk merchandise containers to which the
57	57	offense relates is $1,000 or more.
58	58	(h) If it is shown on the trial of an offense under this
59	59	section that the defendant has been previously convicted of an
60	60	offense under this section based on the same type of violation, the
61	61	offense is punishable by a fine not to exceed twice the maximum
62	62	amount of the fine prescribed for a first offense under this
63	63	section.
64	64	SECTION 2. Chapter 204, Business & Commerce Code, as
65	65	effective September 1, 2009, is amended by adding Section 204.005
66	66	to read as follows:
67	67	Sec. 204.005. CRIMINAL PENALTY. (a) A person who is in the
68	68	business of recycling, shredding, or destroying plastic bulk
69	69	merchandise containers who violates this chapter commits an
70	70	offense.
71	71	(b) Except as provided by Subsection (c), an offense under
72	72	this section is a Class C misdemeanor punishable by:
73	73	(1) a fine not to exceed $350, if the total purchase
74	74	price of the plastic bulk merchandise containers to which the
75	75	offense relates is less than $1,000; or
76	76	(2) a fine not to exceed $700, if the total purchase
77	77	price of the plastic bulk merchandise containers to which the
78	78	offense relates is $1,000 or more.
79	79	(c) If it is shown on the trial of an offense under this
80	80	section that the defendant has been previously convicted of an
81	81	offense under this section based on the same type of violation, the
82	82	offense is punishable by a fine not to exceed twice the maximum
83	83	amount of the fine prescribed for a first offense under this
84	84	section.
85	85	SECTION 3. (a) Section 1 of this Act takes effect only if
86	86	the Act of the 81st Legislature, Regular Session, 2009, relating to
87	87	nonsubstantive additions to and corrections in existing codes does
88	88	not become law.
89	89	(b) Section 2 of this Act takes effect only if the Act of the
90	90	81st Legislature, Regular Session, 2009, relating to
91	91	nonsubstantive additions to and corrections in existing codes
92	92	becomes law.
93	93	SECTION 4. This Act takes effect September 1, 2009.
94	94	______________________________ ______________________________
95	95	President of the Senate Speaker of the House
96	96	I certify that H.B. No. 2127 was passed by the House on May 1,
97	97	2009, by the following vote: Yeas 142, Nays 0, 1 present, not
98	98	voting; and that the House concurred in Senate amendments to H.B.
99	99	No. 2127 on May 29, 2009, by the following vote: Yeas 142, Nays 0,
100	100	1 present, not voting.
101	101	______________________________
102	102	Chief Clerk of the House
103	103	I certify that H.B. No. 2127 was passed by the Senate, with
104	104	amendments, on May 27, 2009, by the following vote: Yeas 31, Nays
105	105	0.
106	106	______________________________
107	107	Secretary of the Senate
108	108	APPROVED: __________________
109	109	Date
110	110	__________________
111	111	Governor