Texas 2011 - 82nd Regular

Texas House Bill HB1648 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	82R13110 ATP-F
2	2	By: Smith of Harris H.B. No. 1648
3	3	Substitute the following for H.B. No. 1648:
4	4	By: Chisum C.S.H.B. No. 1648
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the purchase of plastic bulk merchandise containers by
10	10	certain businesses; providing a civil penalty.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 204.002, Business & Commerce Code, is
13	13	amended by amending Subsections (a) and (c) and adding Subsections
14	14	(d), (e), and (f) to read as follows:
15	15	(a) A person who is in the business of recycling, shredding,
16	16	or destroying plastic bulk merchandise containers, before
17	17	purchasing five or more plastic bulk merchandise containers from
18	18	the same person, shall:
19	19	(1) obtain from that person:
20	20	(A) proof of ownership for the containers; and
21	21	(B) a record that contains:
22	22	(i) the name, address, and telephone number
23	23	of the person or the person's authorized representative;
24	24	(ii) the name and address of the buyer of
25	25	the containers or any consignee of the containers;
26	26	(iii) a description of the containers,
27	27	including the number of the containers to be sold; and
28	28	(iv) the date of the transaction; and
29	29	(2) verify:
30	30	(A) the identity of the individual selling the
31	31	containers or representing the seller from a driver's license or
32	32	other government-issued identification card that includes the
33	33	individual's photograph, and record the verification; or
34	34	(B) in a manner determined by the purchaser that
35	35	the individual is acting on behalf of a corporation, business,
36	36	government, or governmental subdivision or agency.
37	37	(c) A person who is in the business of recycling, shredding,
38	38	or destroying plastic bulk merchandise containers and who purchases
39	39	a plastic bulk merchandise container from an individual, unless the
40	40	person verifies in a manner determined by the purchaser that the
41	41	individual is acting on behalf of a corporation, business,
42	42	government, or governmental subdivision or agency:
43	43	(1) may not pay for the purchase of any plastic bulk
44	44	merchandise container with cash; and
45	45	(2) shall, for each transaction in which the person
46	46	purchases one or more plastic bulk merchandise containers, record
47	47	the method of payment used to purchase the containers.
48	48	(d) A record made under Subsection (c)(2) shall be attached
49	49	to a record made or obtained under Subsection (a) if a record is
50	50	required under that subsection.
51	51	(e) A person who violates Subsection (a) or (b) is liable to
52	52	this state for a civil penalty of $10,000 for each violation.
53	53	(f) A person who violates Subsection (c) is liable to this
54	54	state for a civil penalty in an amount not to exceed $10,000 for
55	55	each violation. Each cash transaction made in violation of
56	56	Subsection (c)(1) is a separate violation for purposes of imposing
57	57	a penalty under this subsection. In determining the amount of the
58	58	civil penalty imposed under this subsection, the court shall
59	59	consider the amount necessary to deter future violations.
60	60	SECTION 2. Section 204.004(a), Business & Commerce Code, is
61	61	amended to read as follows:
62	62	(a) The attorney general or appropriate prosecuting
63	63	attorney may:
64	64	(1) inspect a record retained by a person under
65	65	Section 204.002;
66	66	(2) investigate an alleged violation of this chapter;
67	67	and
68	68	(3) [(2)] sue to collect a civil penalty under this
69	69	chapter.
70	70	SECTION 3. This Act takes effect September 1, 2011.