82R13110 ATP-F
By: Smith of Harris H.B. No. 1648
Substitute the following for H.B. No. 1648:
By: Chisum C.S.H.B. No. 1648
A BILL TO BE ENTITLED
AN ACT
relating to the purchase of plastic bulk merchandise containers by
certain businesses; providing a civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 204.002, Business & Commerce Code, is
amended by amending Subsections (a) and (c) and adding Subsections
(d), (e), and (f) to read as follows:
(a) A person who is in the business of recycling, shredding,
or destroying plastic bulk merchandise containers, before
purchasing five or more plastic bulk merchandise containers from
the same person, shall:
(1) obtain from that person:
(A) proof of ownership for the containers; and
(B) a record that contains:
(i) the name, address, and telephone number
of the person or the person's authorized representative;
(ii) the name and address of the buyer of
the containers or any consignee of the containers;
(iii) a description of the containers,
including the number of the containers to be sold; and
(iv) the date of the transaction; and
(2) verify:
(A) the identity of the individual selling the
containers or representing the seller from a driver's license or
other government-issued identification card that includes the
individual's photograph, and record the verification; or
(B) in a manner determined by the purchaser that
the individual is acting on behalf of a corporation, business,
government, or governmental subdivision or agency.
(c) A person who is in the business of recycling, shredding,
or destroying plastic bulk merchandise containers and who purchases
a plastic bulk merchandise container from an individual, unless the
person verifies in a manner determined by the purchaser that the
individual is acting on behalf of a corporation, business,
government, or governmental subdivision or agency:
(1) may not pay for the purchase of any plastic bulk
merchandise container with cash; and
(2) shall, for each transaction in which the person
purchases one or more plastic bulk merchandise containers, record
the method of payment used to purchase the containers.
(d) A record made under Subsection (c)(2) shall be attached
to a record made or obtained under Subsection (a) if a record is
required under that subsection.
(e) A person who violates Subsection (a) or (b) is liable to
this state for a civil penalty of $10,000 for each violation.
(f) A person who violates Subsection (c) is liable to this
state for a civil penalty in an amount not to exceed $10,000 for
each violation. Each cash transaction made in violation of
Subsection (c)(1) is a separate violation for purposes of imposing
a penalty under this subsection. In determining the amount of the
civil penalty imposed under this subsection, the court shall
consider the amount necessary to deter future violations.
SECTION 2. Section 204.004(a), Business & Commerce Code, is
amended to read as follows:
(a) The attorney general or appropriate prosecuting
attorney may:
(1) inspect a record retained by a person under
Section 204.002;
(2) investigate an alleged violation of this chapter;
and
(3) [(2)] sue to collect a civil penalty under this
chapter.
SECTION 3. This Act takes effect September 1, 2011.