| 1 | 1 | | 81R3493 JAM-D |
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| 2 | 2 | | By: Anderson H.B. No. 2769 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the requirement that a seller of regulated material to a |
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| 8 | 8 | | metal recycling entity present evidence of an occupational license. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 1956.001, Occupations Code, is amended |
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| 11 | 11 | | by adding Subdivision (7-a) to read as follows: |
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| 12 | 12 | | (7-a) "Occupational license" means a license, |
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| 13 | 13 | | certificate, registration, permit, or other form of authorization |
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| 14 | 14 | | required by law or rule that must be obtained by an individual to |
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| 15 | 15 | | engage in a particular business or occupation. |
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| 16 | 16 | | SECTION 2. Section 1956.032(a), Occupations Code, is |
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| 17 | 17 | | amended to read as follows: |
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| 18 | 18 | | (a) Except as provided by Subsection (f), a person |
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| 19 | 19 | | attempting to sell regulated material to a metal recycling entity |
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| 20 | 20 | | shall: |
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| 21 | 21 | | (1) display to the metal recycling entity the person's |
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| 22 | 22 | | personal identification document; |
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| 23 | 23 | | (2) provide to the metal recycling entity the make, |
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| 24 | 24 | | model, and license plate number of the motor vehicle used to |
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| 25 | 25 | | transport the regulated material; [and] |
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| 26 | 26 | | (3) either: |
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| 27 | 27 | | (A) present written documentation evidencing |
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| 28 | 28 | | that the person is the legal owner or is lawfully entitled to sell |
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| 29 | 29 | | the regulated material; or |
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| 30 | 30 | | (B) sign a written statement provided by the |
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| 31 | 31 | | metal recycling entity that the person is the legal owner of or is |
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| 32 | 32 | | lawfully entitled to sell the regulated material offered for sale; |
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| 33 | 33 | | and |
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| 34 | 34 | | (4) display to the metal recycling entity the person's |
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| 35 | 35 | | occupational license or, if the person does not have an |
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| 36 | 36 | | occupational license, the occupational license of the person's |
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| 37 | 37 | | employer. |
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| 38 | 38 | | SECTION 3. Section 1956.033(b), Occupations Code, is |
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| 39 | 39 | | amended to read as follows: |
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| 40 | 40 | | (b) The record must be in English and include: |
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| 41 | 41 | | (1) the place and date of the purchase; |
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| 42 | 42 | | (2) the name and address of each individual from whom |
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| 43 | 43 | | the regulated material is purchased or obtained; |
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| 44 | 44 | | (3) the identifying number of the seller's personal |
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| 45 | 45 | | identification document and of the occupational license presented |
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| 46 | 46 | | by the seller; |
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| 47 | 47 | | (4) a description made in accordance with the custom |
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| 48 | 48 | | of the trade of the type and quantity of regulated material |
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| 49 | 49 | | purchased; and |
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| 50 | 50 | | (5) the information required by Section |
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| 51 | 51 | | 1956.032(a)(3). |
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| 52 | 52 | | SECTION 4. This Act takes effect September 1, 2009. |
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