82R12254 MAW-F
By: Geren H.B. No. 1242
Substitute the following for H.B. No. 1242:
By: Farrar C.S.H.B. No. 1242
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of certain metal dealers; providing
criminal penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1956.001(8), Occupations Code, is
amended to read as follows:
(8) "Personal identification document" means:
(A) a valid driver's license issued by a state in
the United States;
(B) a United States military identification
card; [or]
(C) a personal identification certificate issued
by the department under Section 521.101, Transportation Code, or a
corresponding card or certificate issued by another state;
(D) a passport; or
(E) documentation issued by the United States
agency responsible for citizenship and immigration that authorizes
the person to be in the United States.
SECTION 2. Section 1956.060, Occupations Code, is amended
to read as follows:
Sec. 1956.060. EXCEPTION: CRAFTED PRECIOUS METAL ACQUIRED
BY PERSON LICENSED UNDER TEXAS PAWNSHOP ACT. This subchapter does
not apply to crafted precious metal acquired by a person or an
employee of a person licensed under Chapter 371, Finance Code.
SECTION 3. Section 1956.062, Occupations Code, is amended
by amending Subsection (c) and adding Subsection (c-1) to read as
follows:
(c) The dealer shall:
(1) record the identification [proposed seller's
driver's license] number [or department personal identification
certificate number on physical presentation] of the seller's
personal identification document;
(2) visually verify the accuracy of the seller's
personal identification document and make a copy of the document;
and
(3) obtain a digital or video photograph that
accurately depicts each item of crafted precious metal purchased
[license or personal identification certificate by the seller].
(c-1) The copy of the document and photograph described by
Subsection (c) [record] must accompany the list.
SECTION 4. Subchapter B, Chapter 1956, Occupations Code, is
amended by adding Section 1956.0631 to read as follows:
Sec. 1956.0631. PAYMENT FOR CRAFTED PRECIOUS METAL
PURCHASED. A dealer may pay for a purchase of crafted precious
metal only by check or prepaid debit card. If payment is by check,
the names of the dealer and seller must be printed on the check. If
payment is by prepaid debit card, the seller may not be liable for
any fees charged by the issuer of the card.
SECTION 5. Section 1956.064, Occupations Code, is amended
to read as follows:
Sec. 1956.064. REQUIRED RETENTION OF CRAFTED PRECIOUS
METAL. (a) A dealer may not melt, deface, alter, or dispose of
crafted precious metal that is the subject of a report required by
this subchapter before the 21st [11th] day after the date the report
is filed unless:
(1) the peace officer to whom the report is submitted,
for good cause, authorizes disposition of the metal; or
(2) [the dealer obtains the name, address, and
description of the buyer and retains a record of that information;
or
[(3)] the dealer is a pawnbroker and the disposition
is the redemption of pledged property by the pledgor.
(b) A peace officer who has reasonable suspicion to believe
that an item of crafted precious metal in the possession of a dealer
is stolen may place the item on hold by issuing to the dealer a
written notice that:
(1) specifically identifies the item alleged to be
stolen and subject to the hold; and
(2) informs the dealer of the requirements of
Subsection (c).
(c) On receiving the notice, the dealer may not melt,
deface, alter, or dispose of the identified crafted precious metal
until the hold is released in writing by a peace officer of this
state or a court order. [A dealer who retains information under
Subsection (a)(2) shall make that information available for
inspection by any peace officer.]
SECTION 6. Section 1956.069(a), Occupations Code, is
amended to read as follows:
(a) A dealer commits an offense if the dealer:
(1) fails to make or permit inspection of a report as
required by Section 1956.062 or 1956.063;
(2) violates [disposes of crafted precious metal or
fails to make a record available for inspection by a peace officer
as required by] Section 1956.0631 or 1956.064;
(3) fails to obtain or retain a statement as required
by Section 1956.066;
(4) fails to file a registration statement as required
by Section 1956.067; or
(5) purchases an object in violation of Section
1956.068.
SECTION 7. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
SECTION 8. This Act takes effect September 1, 2011.