81R10055 JAM-F
By: Phillips H.B. No. 4524
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of metal recycling entities; providing
penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1956.001(10), Occupations Code, is
amended to read as follows:
(10) "Regulated metal" means:
(A) manhole covers;
(B) guardrails;
(C) metal cylinders designed to contain
compressed air, oxygen, gases, or liquids;
(D) beer kegs made from metal other than
aluminum;
(E) historical markers or cemetery vases,
receptacles, or memorials made from metal other than aluminum;
(F) unused rebar;
(G) street signs;
(H) drain gates;
(I) safes;
(J) communication, transmission, and service
wire or cable;
(K) condensing or evaporator coils for heating or
air conditioning units;
(L) utility structures, including the fixtures
and hardware;
(M) aluminum or stainless steel containers
designed to hold propane for fueling forklifts; [and]
(N) metal railroad equipment, including tie
plates, signal houses, control boxes, signs, signals, traffic
devices, traffic control devices, traffic control signals, switch
plates, e-clips, and rail tie functions;
(O) catalytic converters;
(P) back flow valves; and
(Q) fire hydrant operating nuts.
SECTION 2. Section 1956.002, Occupations Code, is amended
to read as follows:
Sec. 1956.002. EXCEPTION; REPORTING REQUIREMENTS. (a)
This chapter does not apply to[:
[(1) a purchase of regulated material from a public
utility or a manufacturing, industrial, commercial, retail, or
other seller that sells regulated material in the ordinary course
of the seller's business;
[(2) a purchase of regulated material by a
manufacturer whose primary business is the manufacture of iron and
steel products made from melting scrap iron and scrap steel; or
[(3)] the transport or hauling of recyclable materials
to or from the metal recycling entity.
(b) The reporting requirements under Section 1956.036 do
not apply to a purchase of regulated material:
(1) from a public utility or a manufacturing,
industrial, commercial, retail, or other seller that sells
regulated material in the ordinary course of the seller's business;
or
(2) by a manufacturer whose primary business is the
manufacture of iron and steel products made from melting scrap iron
and scrap steel.
SECTION 3. 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 the name of the state issuing
the license plate; 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.
SECTION 4. 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;
(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 Sections
1956.032(a)(2) and (3) [Section 1956.032(a)(3)].
SECTION 5. Section 1956.034, Occupations Code, is amended
to read as follows:
Sec. 1956.034. PRESERVATION OF RECORDS. A metal recycling
entity shall preserve each record required by Sections 1956.032 and
1956.033 until the third anniversary of the date the record was
made. The records must be kept in an easily retrievable format.
SECTION 6. Section 1956.036, Occupations Code, is amended
to read as follows:
Sec. 1956.036. FURNISHING OF REPORT TO DEPARTMENT. (a)
Except as provided by Subsections [Subsection] (b) and (d), not
later than the fifth [seventh] day after the date of the purchase or
other acquisition of material for which a record is required under
Section 1956.033, a metal recycling entity shall send an electronic
transaction report to the department via the department's Internet
website. [by facsimile or electronic mail to or file with the
department a] The report must contain [containing] the information
required to be recorded under Section 1956.033 [that section].
(b) If a metal recycling entity purchases bronze material
that is a cemetery vase, receptacle, memorial, or statuary or a pipe
that can reasonably be identified as aluminum irrigation pipe, the
entity shall:
(1) not later than the close of business on the
entity's first working day after the purchase date, notify the
department by telephone; and
(2) not later than the fifth day after the purchase
date, submit to the department electronically via the department's
Internet website [mail to] or file with the department a report
containing the information required to be recorded under Section
1956.033.
(c) Subsection (b) does not apply to a purchase from:
(1) the manufacturer or fabricator of the material or
pipe; or
(2) a seller bearing a bill of sale for the material or
pipe[; or
[(3) the owner of the material or pipe].
(d) A metal recycling entity may submit the transaction
report required under Subsection (a) by facsimile if:
(1) the entity submits to the department:
(A) an application requesting an exception to the
electronic reporting requirement; and
(B) an affidavit stating that the entity does not
have an available and reliable means of submitting the transaction
report electronically; and
(2) the department approves the entity's application
under this subsection.
SECTION 7. Section 1956.037(a), Occupations Code, is
amended to read as follows:
(a) A metal recycling entity may not dispose of, process,
sell, or remove from the premises an item of regulated material
[metal] unless:
(1) the entity acquired the item more than five days
[72 hours], excluding weekends and holidays, before the disposal,
processing, sale, or removal; or
(2) the entity purchased the item from a
manufacturing, industrial, commercial, retail, or other seller
that sells regulated material in the ordinary course of its
business.
SECTION 8. Subchapter A-3, Chapter 1956, Occupations Code,
is amended by adding Section 1956.0391 to read as follows:
Sec. 1956.0391. INSULATED WIRE. (a) A metal recycling
entity may not purchase or otherwise receive wire that has been
burned in whole or in part to remove the insulation.
(b) A metal recycling entity may not remove the insulation
from wire unless the entity acquired the wire more than five days,
excluding weekends and holidays, before the removal.
SECTION 9. Section 1956.040(a), Occupations Code, is
amended to read as follows:
(a) A person commits an offense if the person knowingly
violates Section 1956.021, Section 1956.023(d), or Section
1956.038. An offense under this subsection is a Class A misdemeanor
unless it is shown on trial of the offense that the person has
previously been convicted of a violation of this subchapter, in
which event the offense is a state jail felony.
SECTION 10. Section 1956.151, Occupations Code, is amended
to read as follows:
Sec. 1956.151. DENIAL OF CERTIFICATE; DISCIPLINARY ACTION.
The department shall deny an application for a certificate of
registration, suspend or revoke a certificate of registration, or
reprimand a person who is registered under this chapter if the
person:
(1) obtains a certificate of registration by means of
fraud, misrepresentation, or concealment of a material fact;
(2) sells, barters, or offers to sell or barter a
certificate of registration;
(3) violates a provision of this chapter or a rule
adopted under this chapter; or
(4) violates Section 1956.021.
SECTION 11. Section 1956.202(d), Occupations Code, is
amended to read as follows:
(d) A civil penalty may not be assessed under this section
for conduct described by Section 1956.021, Section 1956.023(d), or
Section 1956.038.
SECTION 12. Section 31.03(e), Penal Code, is amended to
read as follows:
(e) Except as provided by Subsection (f), an offense under
this section is:
(1) a Class C misdemeanor if the value of the property
stolen is less than:
(A) $50; or
(B) $20 and the defendant obtained the property
by issuing or passing a check or similar sight order in a manner
described by Section 31.06;
(2) a Class B misdemeanor if:
(A) the value of the property stolen is:
(i) $50 or more but less than $500; or
(ii) $20 or more but less than $500 and the
defendant obtained the property by issuing or passing a check or
similar sight order in a manner described by Section 31.06; or
(B) the value of the property stolen is less
than:
(i) $50 and the defendant has previously
been convicted of any grade of theft; or
(ii) $20, the defendant has previously been
convicted of any grade of theft, and the defendant obtained the
property by issuing or passing a check or similar sight order in a
manner described by Section 31.06;
(3) a Class A misdemeanor if the value of the property
stolen is $500 or more but less than $1,500;
(4) a state jail felony if:
(A) the value of the property stolen is $1,500 or
more but less than $20,000, or the property is less than 10 head of
cattle, horses, or exotic livestock or exotic fowl as defined by
Section 142.001, Agriculture Code, or any part thereof under the
value of $20,000, or less than 100 head of sheep, swine, or goats or
any part thereof under the value of $20,000;
(B) regardless of value, the property is stolen
from the person of another or from a human corpse or grave;
(C) the property stolen is a firearm, as defined
by Section 46.01;
(D) the value of the property stolen is less than
$1,500 and the defendant has been previously convicted two or more
times of any grade of theft;
(E) the property stolen is an official ballot or
official carrier envelope for an election; or
(F) the value of the property stolen is less than
$20,000 and the property stolen [is insulated or noninsulated wire
or cable that] consists of at least 50 percent:
(i) aluminum;
(ii) bronze; [or]
(iii) copper; or
(iv) brass;
(5) a felony of the third degree if the value of the
property stolen is $20,000 or more but less than $100,000, or the
property is:
(A) 10 or more head of cattle, horses, or exotic
livestock or exotic fowl as defined by Section 142.001, Agriculture
Code, stolen during a single transaction and having an aggregate
value of less than $100,000; or
(B) 100 or more head of sheep, swine, or goats
stolen during a single transaction and having an aggregate value of
less than $100,000;
(6) a felony of the second degree if the value of the
property stolen is $100,000 or more but less than $200,000; or
(7) a felony of the first degree if the value of the
property stolen is $200,000 or more.
SECTION 13. Section 1956.014(d), Occupations Code, is
repealed.
SECTION 14. (a) The change in law made by this Act applies
only to an offense committed on or after the effective date of this
Act. For purposes of this section, an offense is committed before
the effective date of this Act if any element of the offense occurs
before that date.
(b) An offense committed before the effective date of this
Act is covered by the law in effect when the offense was committed,
and the former law is continued in effect for that purpose.
SECTION 15. This Act takes effect September 1, 2009.