81R3493 JAM-D
By: Anderson H.B. No. 2769
A BILL TO BE ENTITLED
AN ACT
relating to the requirement that a seller of regulated material to a
metal recycling entity present evidence of an occupational license.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1956.001, Occupations Code, is amended
by adding Subdivision (7-a) to read as follows:
(7-a) "Occupational license" means a license,
certificate, registration, permit, or other form of authorization
required by law or rule that must be obtained by an individual to
engage in a particular business or occupation.
SECTION 2. Section 1956.032(a), Occupations Code, is
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) display to the metal recycling entity the person's
occupational license or, if the person does not have an
occupational license, the occupational license of the person's
employer.
SECTION 3. 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 and of the occupational license presented
by the seller;
(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 Section
1956.032(a)(3).
SECTION 4. This Act takes effect September 1, 2009.