Texas 2009 - 81st Regular

Texas House Bill HB3681 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R8014 YDB-F
2	2	By: Riddle H.B. No. 3681
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the regulation of metal recycling entities; providing
8	8	penalties.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. The heading to Section 1956.003, Occupations
11	11	Code, is amended to read as follows:
12	12	Sec. 1956.003. LOCAL LAW; CRIMINAL PENALTY.
13	13	SECTION 2. Section 1956.003, Occupations Code, is amended
14	14	by adding Subsection (f) to read as follows:
15	15	(f) A person commits an offense if the person owns or
16	16	operates a metal recycling entity without holding a license or
17	17	permit issued by the governing body of the county, municipality, or
18	18	political subdivision of this state that has jurisdiction under
19	19	this section to issue a permit or license to the entity. An offense
20	20	under this subsection is a state jail felony.
21	21	SECTION 3. Section 1956.032(e), Occupations Code, is
22	22	amended to read as follows:
23	23	(e) The metal recycling entity or the entity's agent for
24	24	recordkeeping purposes may take a photograph of the motor vehicle
25	25	of the seller in which the make, model, and license plate number of
26	26	the motor vehicle are identifiable in lieu of the information
27	27	required under Subsection (a)(2) [(a)(3)].
28	28	SECTION 4. Section 1956.033, Occupations Code, is amended
29	29	to read as follows:
30	30	Sec. 1956.033. RECORD OF PURCHASE. (a) Each metal
31	31	recycling entity in this state shall make a digital photographic or
32	32	video record of the seller and the materials involved in each
33	33	regulated material transaction and keep an accurate electronic
34	34	record and [or] an accurate and legible written record of each
35	35	purchase made in the course of the entity's business from an
36	36	individual of:
37	37	(1) copper or brass material;
38	38	(2) bronze material;
39	39	(3) aluminum material; or
40	40	(4) regulated metal.
41	41	(b) The record must be in English and include:
42	42	(1) the place and date of the purchase;
43	43	(2) the name and address of each individual from whom
44	44	the regulated material is purchased or obtained;
45	45	(3) the identifying number of the seller's personal
46	46	identification document;
47	47	(4) a clear and legible thumbprint of the seller;
48	48	(5) a description made in accordance with the custom
49	49	of the trade of the type and quantity of regulated material
50	50	purchased; and
51	51	(6) [(5)] the information required by Section
52	52	1956.032(a)(3).
53	53	SECTION 5. Section 1956.038, Occupations Code, is amended
54	54	to read as follows:
55	55	Sec. 1956.038. PROHIBITED ACTS. A person may not, with the
56	56	intent to deceive:
57	57	(1) display to a metal recycling entity a false or
58	58	invalid personal identification document in connection with the
59	59	person's attempted sale of regulated material;
60	60	(2) make a false, material statement or representation
61	61	to a metal recycling entity in connection with:
62	62	(A) that person's execution of a written
63	63	statement required by Section 1956.032(a)(3); or
64	64	(B) the entity's efforts to obtain the
65	65	information required under Section 1956.033(b); [or]
66	66	(3) display or provide to a metal recycling entity any
67	67	information required under Section 1956.032 that the person knows
68	68	is false or invalid; or
69	69	(4) display another individual's personal
70	70	identification document in connection with an attempted sale of
71	71	regulated material.
72	72	SECTION 6. Section 1956.040(a), Occupations Code, is
73	73	amended to read as follows:
74	74	(a) A person commits an offense if the person knowingly
75	75	violates Section 1956.038. An offense for a violation of Section
76	76	1956.038(1), (2), or (3) [under this subsection] is a Class A
77	77	misdemeanor unless it is shown on trial of the offense that the
78	78	person has previously been convicted of a violation of this
79	79	subchapter, in which event the offense is a state jail felony. An
80	80	offense for a violation of Section 1956.038(4) is a Class B
81	81	misdemeanor.
82	82	SECTION 7. Subchapter A-3, Chapter 1956, Occupations Code,
83	83	is amended by adding Sections 1956.041 and 1956.042 to read as
84	84	follows:
85	85	Sec. 1956.041. PAYMENT REQUIREMENTS; CRIMINAL PENALTY. (a)
86	86	A metal recycling entity may not make an on-site payment to the
87	87	seller of an item of regulated material at the time of the regulated
88	88	material transaction.
89	89	(b) A metal recycling entity shall pay the seller of an item
90	90	of regulated material purchased by the entity by mailing a check or
91	91	money order to a physical address provided by the seller or to the
92	92	physical address listed on the seller's personal identification
93	93	document.
94	94	(c) A metal recycling entity shall, at the time of a
95	95	regulated material transaction, provide a receipt to the seller of
96	96	an item of regulated material received or purchased by the entity.
97	97	The receipt must include:
98	98	(1) the date, time, and physical address of the
99	99	transaction;
100	100	(2) an identifying description and weight of the items
101	101	of regulated material received or purchased; and
102	102	(3) the total dollar amount of the transaction.
103	103	(d) A person commits an offense if the person violates this
104	104	section. An offense under this section is a Class B misdemeanor.
105	105	Sec. 1956.042. RECORDS AND COMPLIANCE; CRIMINAL PENALTY.
106	106	(a) A person commits an offense if the person owns or operates a
107	107	metal recycling entity and the person:
108	108	(1) fails to keep a book or record required under this
109	109	chapter or rules adopted under this chapter;
110	110	(2) refuses, on demand of a peace officer of this
111	111	state, to exhibit a book, record, business record, receipt, or
112	112	transaction record required under this chapter or rules adopted
113	113	under this chapter;
114	114	(3) knowingly destroys a book or record required under
115	115	this chapter or rules adopted under this chapter before the second
116	116	anniversary of the date of the final entry of any regulated material
117	117	transaction; or
118	118	(4) fails to comply with this chapter or rules adopted
119	119	under this chapter.
120	120	(b) An offense under this section is a Class B misdemeanor.
121	121	SECTION 8. Subchapter C, Chapter 1956, Occupations Code, is
122	122	amended by adding Section 1956.106 to read as follows:
123	123	Sec. 1956.106. PURCHASE OF AIR CONDITIONING COMPONENTS.
124	124	(a) A person may not sell or otherwise transfer to a metal
125	125	recycling entity and a metal recycling entity may not accept or
126	126	purchase from any person an item of regulated material that is an
127	127	air conditioning component, unless the person displays to the
128	128	entity the person's air conditioning and refrigeration license or
129	129	certificate of registration issued under Chapter 1302.
130	130	(b) A metal recycling entity shall make a photocopy of each
131	131	seller's air conditioning and refrigeration license or certificate
132	132	of registration issued under Chapter 1302 and keep the photocopy
133	133	with the entity's other records required under Section 1956.033 and
134	134	preserve the photocopy as required under Section 1956.034.
135	135	(c) A person commits an offense if the person violates this
136	136	section. An offense under this subsection is a Class A misdemeanor.
137	137	SECTION 9. Section 31.03(e), Penal Code, is amended to read
138	138	as follows:
139	139	(e) Except as provided by Subsection (f), an offense under
140	140	this section is:
141	141	(1) a Class C misdemeanor if the value of the property
142	142	stolen is less than:
143	143	(A) $50; or
144	144	(B) $20 and the defendant obtained the property
145	145	by issuing or passing a check or similar sight order in a manner
146	146	described by Section 31.06;
147	147	(2) a Class B misdemeanor if:
148	148	(A) the value of the property stolen is:
149	149	(i) $50 or more but less than $500; or
150	150	(ii) $20 or more but less than $500 and the
151	151	defendant obtained the property by issuing or passing a check or
152	152	similar sight order in a manner described by Section 31.06; or
153	153	(B) the value of the property stolen is less
154	154	than:
155	155	(i) $50 and the defendant has previously
156	156	been convicted of any grade of theft; or
157	157	(ii) $20, the defendant has previously been
158	158	convicted of any grade of theft, and the defendant obtained the
159	159	property by issuing or passing a check or similar sight order in a
160	160	manner described by Section 31.06;
161	161	(3) a Class A misdemeanor if the value of the property
162	162	stolen is $500 or more but less than $1,500;
163	163	(4) a state jail felony if:
164	164	(A) the value of the property stolen is $1,500 or
165	165	more but less than $20,000, or the property is less than 10 head of
166	166	cattle, horses, or exotic livestock or exotic fowl as defined by
167	167	Section 142.001, Agriculture Code, or any part thereof under the
168	168	value of $20,000, or less than 100 head of sheep, swine, or goats or
169	169	any part thereof under the value of $20,000;
170	170	(B) regardless of value, the property is stolen
171	171	from the person of another or from a human corpse or grave;
172	172	(C) the property stolen is a firearm, as defined
173	173	by Section 46.01;
174	174	(D) the value of the property stolen is less than
175	175	$1,500 and the defendant has been previously convicted two or more
176	176	times of any grade of theft;
177	177	(E) the property stolen is an official ballot or
178	178	official carrier envelope for an election; or
179	179	(F) the value of the property stolen is less than
180	180	$20,000 and the property stolen is an item of regulated material as
181	181	defined by Section 1956.001, Occupations Code [insulated or
182	182	noninsulated wire or cable that consists of at least 50 percent:
183	183	[(i) aluminum;
184	184	[(ii) bronze; or
185	185	[(iii) copper];
186	186	(5) a felony of the third degree if the value of the
187	187	property stolen is $20,000 or more but less than $100,000, or the
188	188	property is:
189	189	(A) 10 or more head of cattle, horses, or exotic
190	190	livestock or exotic fowl as defined by Section 142.001, Agriculture
191	191	Code, stolen during a single transaction and having an aggregate
192	192	value of less than $100,000; or
193	193	(B) 100 or more head of sheep, swine, or goats
194	194	stolen during a single transaction and having an aggregate value of
195	195	less than $100,000;
196	196	(6) a felony of the second degree if the value of the
197	197	property stolen is $100,000 or more but less than $200,000; or
198	198	(7) a felony of the first degree if the value of the
199	199	property stolen is $200,000 or more.
200	200	SECTION 10. (a) The change in law made by this Act applies
201	201	only to an offense committed on or after the effective date of this
202	202	Act. For purposes of this section, an offense is committed before
203	203	the effective date of this Act if any element of the offense occurs
204	204	before that date.
205	205	(b) An offense committed before the effective date of this
206	206	Act is covered by the law in effect when the offense was committed,
207	207	and the former law is continued in effect for that purpose.
208	208	SECTION 11. This Act takes effect September 1, 2009.