H.B. No. 2127
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 amending Subsections (b), (c),
(d), and (e) and adding Subsections (g) and (h) to read as follows:
(b) A person who is in the business of recycling, shredding,
or destroying plastic bulk merchandise containers, before
purchasing 10 [five] or more plastic bulk merchandise containers
from an individual at one time, [the same person,] shall:
(1) obtain from an individual [that person]:
(A) proof of ownership for the containers; and
(B) a record that contains:
(i) the name, address, and telephone number
of the person or the person's authorized representative;
(ii) the name and address of the buyer of
the containers or any consignee of the containers;
(iii) a description of the containers,
including the number of the containers to be sold; and
(iv) the date of the transaction; and
(2) verify the identity of the individual selling the
containers or representing the seller from a driver's license or
other government-issued identification card that includes the
individual's photograph, and record the verification.
(c) A person who is in the business of recycling, shredding,
or destroying plastic bulk merchandise containers shall retain a
record obtained or made under this section until the first
anniversary of the later of the date the containers are purchased or
delivered.
(d) A person who is in the business of recycling, shredding,
or destroying plastic bulk merchandise containers who violates
Subsection (b) or (c) is liable to this state for a civil penalty of
$10,000 for each violation.
(e) A person who is in the business of recycling, shredding,
or destroying plastic bulk merchandise containers may not use an
artifice to avoid the application of this section, including
documenting purchases from the same person on the same day as
multiple transactions. A person who is in the business of
recycling, shredding, or destroying plastic bulk merchandise
containers who violates this subsection is liable to this state for
a civil penalty of $30,000 for each violation.
(g) A person who is in the business of recycling, shredding,
or destroying plastic bulk merchandise containers 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 is in the
business of recycling, shredding, or destroying plastic bulk
merchandise containers 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.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2127 was passed by the House on May 1,
2009, by the following vote: Yeas 142, Nays 0, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 2127 on May 29, 2009, by the following vote: Yeas 142, Nays 0,
1 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2127 was passed by the Senate, with
amendments, on May 27, 2009, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor