Texas 2009 - 81st Regular

Texas House Bill HB4524 Compare Versions

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1	1	81R31374 E
2	2	By: Phillips, Driver, Truitt, Bolton H.B. No. 4524
3	3	Substitute the following for H.B. No. 4524:
4	4	By: Hancock C.S.H.B. No. 4524
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the regulation of metal recycling entities; providing
10	10	penalties.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 1956.001(10), Occupations Code, is
13	13	amended to read as follows:
14	14	(10) "Regulated metal" means:
15	15	(A) manhole covers;
16	16	(B) guardrails;
17	17	(C) metal cylinders designed to contain
18	18	compressed air, oxygen, gases, or liquids;
19	19	(D) beer kegs made from metal other than
20	20	aluminum;
21	21	(E) historical markers or cemetery vases,
22	22	receptacles, or memorials made from metal other than aluminum;
23	23	(F) unused rebar;
24	24	(G) street signs;
25	25	(H) drain gates;
26	26	(I) safes;
27	27	(J) communication, transmission, and service
28	28	wire or cable;
29	29	(K) condensing or evaporator coils, tubing, or
30	30	rods for central heating or air conditioning units;
31	31	(L) utility structures, including the fixtures
32	32	and hardware;
33	33	(M) aluminum or stainless steel containers
34	34	designed to hold propane for fueling forklifts; [and]
35	35	(N) metal railroad equipment, including tie
36	36	plates, signal houses, control boxes, signs, signals, traffic
37	37	devices, traffic control devices, traffic control signals, switch
38	38	plates, e-clips, and rail tie functions;
39	39	(O) catalytic converters not attached to a
40	40	vehicle;
41	41	(P) fire hydrants;
42	42	(Q) metal bleachers or other seating facilities
43	43	used in recreational areas or sporting arenas;
44	44	(R) any metal item clearly and conspicuously
45	45	marked with any form of the name, initials, or logo of a
46	46	governmental entity, utility, cemetery, or railroad;
47	47	(S) insulated utility, communications, or
48	48	electrical wire that has been burned in whole or in part to remove
49	49	the insulation;
50	50	(T) backflow valves; and
51	51	(U) metal in the form of commonly recognized
52	52	products of the industrial metals recycling process, including
53	53	bales, briquettes, billets, sows, ingots, pucks, and chopped or
54	54	shredded metals.
55	55	SECTION 2. The heading to Section 1956.003, Occupations
56	56	Code, is amended to read as follows:
57	57	Sec. 1956.003. LOCAL LAW; CRIMINAL PENALTY.
58	58	SECTION 3. Section 1956.003, Occupations Code, is amended
59	59	by adding Subsections (a-1), (f), (g), and (h) to read as follows:
60	60	(a-1) A county, municipality, or political subdivision may
61	61	require the record of purchase described under Section 1956.033 to
62	62	contain a clear and legible thumbprint of a seller of regulated
63	63	material.
64	64	(f) A county, municipality, or political subdivision that
65	65	issues a license or permit authorized under Subsection (b) shall
66	66	issue a notice to an owner or operator of a metal recycling entity
67	67	operating without the license or permit informing the owner or
68	68	operator that the entity is operating without the required license
69	69	or permit and that the owner or operator may be subject to criminal
70	70	penalties if the owner or operator does not submit an application
71	71	for the appropriate license or permit before the 15th day after the
72	72	date the notice is received.
73	73	(g) A person commits an offense if the person owns or
74	74	operates a metal recycling entity and does not submit an
75	75	application for the appropriate license or permit before the 15th
76	76	day after the date of receiving a notice under Subsection (f).
77	77	(h) An offense under Subsection (g) is a Class A misdemeanor
78	78	unless it is shown on the trial of the offense that the person has
79	79	been previously convicted under Subsection (g), in which event the
80	80	offense is a state jail felony.
81	81	SECTION 4. Section 1956.015(d), Occupations Code, is
82	82	amended to read as follows:
83	83	(d) Information provided under this section is not subject
84	84	to disclosure under Chapter 552, Government Code. Except as
85	85	provided by Subsection (b), the [The] department shall:
86	86	(1) maintain the confidentiality of information
87	87	provided under this section; and
88	88	(2) require that any contractor, subcontractor, or
89	89	third party that has access to, comes into possession of, or
90	90	otherwise obtains information provided under this section shall
91	91	maintain the confidentiality of the information provided under this
92	92	section [that relates to the financial condition or business
93	93	affairs of a metal recycling entity or that is otherwise
94	94	commercially sensitive. The confidential information is not
95	95	subject to disclosure under Chapter 552, Government Code].
96	96	SECTION 5. Subchapter A-1, Chapter 1956, Occupations Code,
97	97	is amended by adding Section 1956.016 to read as follows:
98	98	Sec. 1956.016. REGISTRATION DATABASE. The department shall
99	99	make available on its Internet website a publicly accessible list
100	100	of all registered metal recycling entities.
101	101	SECTION 6. Section 1956.032, Occupations Code, is amended
102	102	by amending Subsection (a) and adding Subsection (g) to read as
103	103	follows:
104	104	(a) Except as provided by Subsection (f), a person
105	105	attempting to sell regulated material to a metal recycling entity
106	106	shall:
107	107	(1) display to the metal recycling entity the person's
108	108	personal identification document;
109	109	(2) provide to the metal recycling entity the make,
110	110	model, and license plate number of the motor vehicle used to
111	111	transport the regulated material and the name of the state issuing
112	112	the license plate; and
113	113	(3) either:
114	114	(A) present written documentation evidencing
115	115	that the person is the legal owner or is lawfully entitled to sell
116	116	the regulated material; or
117	117	(B) sign a written statement provided by the
118	118	metal recycling entity that the person is the legal owner of or is
119	119	lawfully entitled to sell the regulated material offered for sale.
120	120	(g) Notwithstanding Section 1956.002, a person attempting
121	121	to sell regulated material who represents that they are a metal
122	122	recycling entity shall provide a copy of the certificate of
123	123	registration issued under Section 1956.022 in addition to the
124	124	information required under Subsection (a).
125	125	SECTION 7. Section 1956.033(b), Occupations Code, is
126	126	amended to read as follows:
127	127	(b) The record must be in English and include:
128	128	(1) the place and date of the purchase;
129	129	(2) the name and address of each individual from whom
130	130	the regulated material is purchased or obtained;
131	131	(3) the identifying number of the seller's personal
132	132	identification document;
133	133	(4) a description made in accordance with the custom
134	134	of the trade of the type and quantity of regulated material
135	135	purchased; and
136	136	(5) the information required by Sections
137	137	1956.032(a)(2) and (3) [Section 1956.032(a)(3)].
138	138	SECTION 8. Section 1956.034, Occupations Code, is amended
139	139	to read as follows:
140	140	Sec. 1956.034. PRESERVATION OF RECORDS. A metal recycling
141	141	entity shall preserve each record required by Sections 1956.032 and
142	142	1956.033 until the third anniversary of the date the record was
143	143	made. The records must be kept in an easily retrievable format.
144	144	SECTION 9. Section 1956.036, Occupations Code, is amended
145	145	by amending Subsections (a) and (b) and adding Subsection (d) to
146	146	read as follows:
147	147	(a) Except as provided by Subsections [Subsection] (b) and
148	148	(d), not later than 48 hours [the seventh day] after the [date of
149	149	the] purchase or other acquisition of material for which a record is
150	150	required under Section 1956.033, a metal recycling entity shall
151	151	send an electronic transaction report to the department via the
152	152	department's Internet website. The [by facsimile or electronic
153	153	mail to or file with the department a] report must contain
154	154	[containing] the information required to be recorded under Section
155	155	1956.033 [that section].
156	156	(b) If a metal recycling entity purchases bronze material
157	157	that is a cemetery vase, receptacle, memorial, or statuary or a pipe
158	158	that can reasonably be identified as aluminum irrigation pipe, the
159	159	entity shall:
160	160	(1) not later than the close of business on the
161	161	entity's first working day after the purchase date, notify the
162	162	department by telephone; and
163	163	(2) not later than 48 hours [the fifth day] after the
164	164	purchase [date], submit to the department electronically via the
165	165	department's Internet website [mail to] or file with the department
166	166	a report containing the information required to be recorded under
167	167	Section 1956.033.
168	168	(d) A metal recycling entity may submit the transaction
169	169	report required under Subsection (a) by facsimile if:
170	170	(1) the entity submits to the department annually:
171	171	(A) an application requesting an exception to the
172	172	electronic reporting requirement; and
173	173	(B) an affidavit stating that the entity does not
174	174	have an available and reliable means of submitting the transaction
175	175	report electronically; and
176	176	(2) the department approves the entity's application
177	177	under this subsection.
178	178	SECTION 10. Section 1956.037(a), Occupations Code, is
179	179	amended to read as follows:
180	180	(a) A metal recycling entity may not dispose of, process,
181	181	sell, or remove from the premises an item of regulated metal unless:
182	182	(1) the entity acquired the item more than five days
183	183	[72 hours], excluding weekends and holidays, before the disposal,
184	184	processing, sale, or removal; [or]
185	185	(2) the entity purchased the item from a
186	186	manufacturing, industrial, commercial, retail, or other seller
187	187	that sells regulated material in the ordinary course of its
188	188	business; or
189	189	(3) the entity:
190	190	(A) acquired the item more than 72 hours,
191	191	excluding weekends and holidays, before the disposal, processing,
192	192	sale, or removal; and
193	193	(B) obtained a digital or video photograph of the
194	194	seller of the regulated material and the regulated material
195	195	purchased.
196	196	SECTION 11. Section 1956.038, Occupations Code, is amended
197	197	to read as follows:
198	198	Sec. 1956.038. PROHIBITED ACTS. (a) A person may not,
199	199	with the intent to deceive:
200	200	(1) display to a metal recycling entity a false or
201	201	invalid personal identification document in connection with the
202	202	person's attempted sale of regulated material;
203	203	(2) make a false, material statement or representation
204	204	to a metal recycling entity in connection with:
205	205	(A) that person's execution of a written
206	206	statement required by Section 1956.032(a)(3); or
207	207	(B) the entity's efforts to obtain the
208	208	information required under Section 1956.033(b); [or]
209	209	(3) display or provide to a metal recycling entity any
210	210	information required under Section 1956.032 that the person knows
211	211	is false or invalid; or
212	212	(4) display another individual's personal
213	213	identification document in connection with the sale of regulated
214	214	material.
215	215	(b) A metal recycling entity may not, unless otherwise
216	216	prohibited under this section, pay more than:
217	217	(1) $150 in cash for a purchase of regulated metal; or
218	218	(2) $1,000 in cash for a purchase of regulated
219	219	material, other than regulated metal.
220	220	(c) Notwithstanding Section 1956.003(a) or any other law, a
221	221	county, municipality, or political subdivision may not adopt a
222	222	rule, charter, or ordinance or issue an order or impose standards
223	223	that limit the use of cash by a metal recycling entity in a manner
224	224	more restrictive than that provided by Subsection (b).
225	225	SECTION 12. Section 1956.040(a), Occupations Code, is
226	226	amended to read as follows:
227	227	(a) A person commits an offense if the person knowingly
228	228	violates Section 1956.021, Section 1956.023(d), Section
229	229	1956.036(a), or Section 1956.038. An offense under this subsection
230	230	is a Class A misdemeanor unless it is shown on trial of the offense
231	231	that the person has previously been convicted of a violation of this
232	232	subchapter, in which event the offense is a state jail felony.
233	233	SECTION 13. Section 1956.103(a), Occupations Code, is
234	234	amended to read as follows:
235	235	(a) A person may not sell or otherwise transfer to a metal
236	236	recycling entity:
237	237	(1) a lead-acid battery, fuel tank, or PCB-containing
238	238	capacitor that is included with another type of scrap, used, or
239	239	obsolete metal without first obtaining from the metal recycling
240	240	entity a written and signed acknowledgment that the scrap, used, or
241	241	obsolete metal includes one or more lead-acid batteries, fuel
242	242	tanks, or PCB-containing capacitors;
243	243	(2) any of the following items that contain or enclose
244	244	a lead-acid battery, fuel tank, or PCB-containing capacitor or of
245	245	which a lead-acid battery, fuel tank, or PCB-containing capacitor
246	246	is a part:
247	247	(A) a motor vehicle;
248	248	(B) a motor vehicle that has been junked,
249	249	flattened, dismantled, or changed so that it has lost its character
250	250	as a motor vehicle;
251	251	(C) an appliance; or
252	252	(D) any other item of scrap, used, or obsolete
253	253	metal; [or]
254	254	(3) a motor vehicle or a motor vehicle that has been
255	255	junked, flattened, dismantled, or changed so that it has lost its
256	256	character as a motor vehicle if the motor vehicle includes,
257	257	contains, or encloses a tire or scrap tire; or
258	258	(4) a metal alcoholic beverage keg, regardless of
259	259	condition, unless the seller is the manufacturer of the keg, the
260	260	brewer or distiller of the beverage that was contained in the keg,
261	261	or an authorized representative of the manufacturer, brewer, or
262	262	distiller.
263	263	SECTION 14. Section 1956.151, Occupations Code, is amended
264	264	to read as follows:
265	265	Sec. 1956.151. DENIAL OF CERTIFICATE; DISCIPLINARY ACTION.
266	266	The department shall deny an application for a certificate of
267	267	registration, suspend or revoke a certificate of registration, or
268	268	reprimand a person who is registered under this chapter if the
269	269	person:
270	270	(1) obtains a certificate of registration by means of
271	271	fraud, misrepresentation, or concealment of a material fact;
272	272	(2) sells, barters, or offers to sell or barter a
273	273	certificate of registration;
274	274	(3) violates a provision of this chapter or a rule
275	275	adopted under this chapter; or
276	276	(4) violates Section 1956.021.
277	277	SECTION 15. Section 1956.202(d), Occupations Code, is
278	278	amended to read as follows:
279	279	(d) A civil penalty may not be assessed under this section
280	280	for conduct described by Section 1956.021, Section 1956.023(d),
281	281	Section 1956.036(a), or Section 1956.038.
282	282	SECTION 16. Section 31.03(e), Penal Code, is amended to
283	283	read as follows:
284	284	(e) Except as provided by Subsection (f), an offense under
285	285	this section is:
286	286	(1) a Class C misdemeanor if the value of the property
287	287	stolen is less than:
288	288	(A) $50; or
289	289	(B) $20 and the defendant obtained the property
290	290	by issuing or passing a check or similar sight order in a manner
291	291	described by Section 31.06;
292	292	(2) a Class B misdemeanor if:
293	293	(A) the value of the property stolen is:
294	294	(i) $50 or more but less than $500; or
295	295	(ii) $20 or more but less than $500 and the
296	296	defendant obtained the property by issuing or passing a check or
297	297	similar sight order in a manner described by Section 31.06; or
298	298	(B) the value of the property stolen is less
299	299	than:
300	300	(i) $50 and the defendant has previously
301	301	been convicted of any grade of theft; or
302	302	(ii) $20, the defendant has previously been
303	303	convicted of any grade of theft, and the defendant obtained the
304	304	property by issuing or passing a check or similar sight order in a
305	305	manner described by Section 31.06;
306	306	(3) a Class A misdemeanor if the value of the property
307	307	stolen is $500 or more but less than $1,500;
308	308	(4) a state jail felony if:
309	309	(A) the value of the property stolen is $1,500 or
310	310	more but less than $20,000, or the property is less than 10 head of
311	311	cattle, horses, or exotic livestock or exotic fowl as defined by
312	312	Section 142.001, Agriculture Code, or any part thereof under the
313	313	value of $20,000, or less than 100 head of sheep, swine, or goats or
314	314	any part thereof under the value of $20,000;
315	315	(B) regardless of value, the property is stolen
316	316	from the person of another or from a human corpse or grave;
317	317	(C) the property stolen is a firearm, as defined
318	318	by Section 46.01;
319	319	(D) the value of the property stolen is less than
320	320	$1,500 and the defendant has been previously convicted two or more
321	321	times of any grade of theft;
322	322	(E) the property stolen is an official ballot or
323	323	official carrier envelope for an election; or
324	324	(F) the value of the property stolen is less than
325	325	$20,000 and the property stolen is [insulated or noninsulated wire
326	326	or cable that consists of at least 50 percent]:
327	327	(i) aluminum;
328	328	(ii) bronze; [or]
329	329	(iii) copper; or
330	330	(iv) brass;
331	331	(5) a felony of the third degree if the value of the
332	332	property stolen is $20,000 or more but less than $100,000, or the
333	333	property is:
334	334	(A) 10 or more head of cattle, horses, or exotic
335	335	livestock or exotic fowl as defined by Section 142.001, Agriculture
336	336	Code, stolen during a single transaction and having an aggregate
337	337	value of less than $100,000; or
338	338	(B) 100 or more head of sheep, swine, or goats
339	339	stolen during a single transaction and having an aggregate value of
340	340	less than $100,000;
341	341	(6) a felony of the second degree if the value of the
342	342	property stolen is $100,000 or more but less than $200,000; or
343	343	(7) a felony of the first degree if the value of the
344	344	property stolen is $200,000 or more.
345	345	SECTION 17. Section 1956.014(d), Occupations Code, is
346	346	repealed.
347	347	SECTION 18. (a) Notwithstanding Subsection (c) of this
348	348	section, the change in law made by this Act applies only to an
349	349	offense committed on or after the effective date of this Act. For
350	350	purposes of this section, an offense is committed before the
351	351	effective date of this Act if any element of the offense occurs
352	352	before that date.
353	353	(b) An offense committed before the effective date of this
354	354	Act is covered by the law in effect when the offense was committed,
355	355	and the former law is continued in effect for that purpose.
356	356	(c) The enhancement of the punishment of an offense provided
357	357	under Section 1956.003(h), Occupations Code, as added by this Act,
358	358	applies only to an offense committed on or after January 1, 2010.
359	359	For purposes of this subsection, an offense is committed before
360	360	January 1, 2010, if any element of the offense occurs before that
361	361	date. An offense committed before January 1, 2010, is covered by
362	362	the law in effect when the offense was committed, and the former law
363	363	is continued in effect for that purpose.
364	364	SECTION 19. This Act takes effect September 1, 2009.