Texas 2011 - 82nd Regular

Texas House Bill HB1933 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	82R9149 MAW-D
2	2	By: Smith of Harris, Cook, Dutton, et al. H.B. No. 1933
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the regulation of metal recycling entities; providing
8	8	penalties.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 1956.001, Occupations Code, is amended
11	11	by amending Subdivisions (1), (4), and (10) and adding Subdivision
12	12	(1-a) to read as follows:
13	13	(1) "Air conditioning and refrigeration contracting
14	14	company" has the meaning assigned by Section 1302.002.
15	15	(1-a) "Aluminum material" means a product made from
16	16	aluminum, an aluminum alloy, or an aluminum by-product. The term
17	17	includes aluminum wiring and an aluminum beer keg but does not
18	18	include another type of aluminum can used to contain a food or
19	19	beverage.
20	20	(4) "Copper or brass material" means:
21	21	(A) insulated or noninsulated copper wire or
22	22	cable of the type used by a public utility or common carrier that
23	23	contains copper or an alloy of copper or zinc; or
24	24	(B) a copper or brass item of a type commonly used
25	25	in construction or by a public utility[; or
26	26	[(C) copper pipe or copper tubing].
27	27	(10) "Regulated metal" means:
28	28	(A) manhole covers;
29	29	(B) guardrails;
30	30	(C) metal cylinders designed to contain
31	31	compressed air, oxygen, gases, or liquids;
32	32	(D) beer kegs made from metal other than
33	33	aluminum;
34	34	(E) historical markers or cemetery vases,
35	35	receptacles, or memorials made from metal other than aluminum;
36	36	(F) unused rebar;
37	37	(G) street signs;
38	38	(H) drain gates;
39	39	(I) safes;
40	40	(J) communication, transmission, and service
41	41	wire or cable;
42	42	(K) condensing or evaporator coils for central
43	43	heating or air conditioning units;
44	44	(L) utility structures, including the fixtures
45	45	and hardware;
46	46	(M) aluminum or stainless steel containers
47	47	designed to hold propane for fueling forklifts; [and]
48	48	(N) metal railroad equipment, including tie
49	49	plates, signal houses, control boxes, signs, signals, traffic
50	50	devices, traffic control devices, traffic control signals, switch
51	51	plates, e-clips, and rail tie functions;
52	52	(O) catalytic converters not attached to a
53	53	vehicle;
54	54	(P) fire hydrants;
55	55	(Q) metal bleachers or other seating facilities
56	56	used in recreational areas or sporting arenas;
57	57	(R) any metal item clearly and conspicuously
58	58	marked with any form of the name, initials, or logo of a
59	59	governmental entity, utility, cemetery, or railroad;
60	60	(S) insulated utility, communications, or
61	61	electrical wire that has been burned wholly or partly to remove the
62	62	insulation;
63	63	(T) backflow valves;
64	64	(U) metal in the form of commonly recognized
65	65	products of the industrial metals recycling process, including
66	66	bales, briquettes, billets, sows, ingots, pucks, and chopped or
67	67	shredded metals;
68	68	(V) copper pipe or tubing; and
69	69	(W) any metal item readily identifiable as being
70	70	used in an aircraft engine.
71	71	SECTION 2. The heading to Section 1956.003, Occupations
72	72	Code, is amended to read as follows:
73	73	Sec. 1956.003. LOCAL LAW; CRIMINAL PENALTY.
74	74	SECTION 3. Section 1956.003, Occupations Code, is amended
75	75	by adding Subsections (a-1), (a-2), (f), and (g) to read as follows:
76	76	(a-1) A county, municipality, or other political
77	77	subdivision may require the record of purchase described under
78	78	Section 1956.033 to contain a clear and legible thumbprint of a
79	79	seller of regulated material.
80	80	(a-2) A county, municipality, or other political
81	81	subdivision that, as authorized under Subsection (a), requires a
82	82	metal recycling entity to report to the county, municipality, or
83	83	political subdivision information relating to a sale of regulated
84	84	material shall include in any contract entered into by the county,
85	85	municipality, or political subdivision relating to the reporting of
86	86	the information a provision that:
87	87	(1) requires any contractor, subcontractor, or third
88	88	party that has access to, comes into possession of, or otherwise
89	89	obtains information relating to a sale of regulated material to
90	90	maintain the confidentiality of the information received; and
91	91	(2) allows the county, municipality, or political
92	92	subdivision to terminate the contract of any contractor,
93	93	subcontractor, or third party that violates the confidentiality
94	94	provision required by Subdivision (1).
95	95	(f) A person commits an offense if the person operates a
96	96	metal recycling entity and does not hold a valid license or permit
97	97	required by a county, municipality, or other political subdivision
98	98	as authorized under Subsection (b). An offense under this
99	99	subsection is a Class C misdemeanor unless it is shown on the trial
100	100	of the offense that the person has been previously convicted under
101	101	this subsection, in which event the offense is a Class A
102	102	misdemeanor.
103	103	(g) A county, municipality, or other political subdivision
104	104	shall provide a written notice to a metal recycling entity issued a
105	105	citation for an offense described by Subsection (f). The notice
106	106	must state that the metal recycling entity must cease operation
107	107	until the person holds the appropriate license or permit issued by a
108	108	county, municipality, or other political subdivision as authorized
109	109	under Subsection (b).
110	110	SECTION 4. Section 1956.015, Occupations Code, is amended
111	111	by amending Subsection (d) and adding Subsection (e) to read as
112	112	follows:
113	113	(d) Information provided under this section is not subject
114	114	to disclosure under Chapter 552, Government Code. The department
115	115	shall maintain the confidentiality of information provided under
116	116	this section [that relates to the financial condition or business
117	117	affairs of a metal recycling entity or that is otherwise
118	118	commercially sensitive. The confidential information is not
119	119	subject to disclosure under Chapter 552, Government Code].
120	120	(e) The department may enter into contracts relating to the
121	121	operation of the statewide electronic reporting system established
122	122	by this section. A contract under this subsection must:
123	123	(1) require that any contractor, subcontractor, or
124	124	third party that has access to, comes into possession of, or
125	125	otherwise obtains information provided under this section maintain
126	126	the confidentiality of the information provided under this section;
127	127	and
128	128	(2) provide that the department may terminate the
129	129	contract of any contractor, subcontractor, or third party that
130	130	violates the confidentiality provision required by Subdivision
131	131	(1).
132	132	SECTION 5. Subchapter A-1, Chapter 1956, Occupations Code,
133	133	is amended by adding Section 1956.016 to read as follows:
134	134	Sec. 1956.016. REGISTRATION DATABASE. The department shall
135	135	make available on its Internet website a publicly accessible list
136	136	of all registered metal recycling entities.
137	137	SECTION 6. Section 1956.032, Occupations Code, is amended
138	138	to read as follows:
139	139	Sec. 1956.032. INFORMATION PROVIDED BY SELLER. (a) Except
140	140	as provided by Subsection (f), a person attempting to sell
141	141	regulated material to a metal recycling entity shall:
142	142	(1) display to the metal recycling entity the person's
143	143	personal identification document;
144	144	(2) provide to the metal recycling entity:
145	145	(A) the make, model, color, and license plate
146	146	number, and the state of issuance, of the motor vehicle used to
147	147	transport the regulated material; and
148	148	(B) a description and any license plate number of
149	149	any trailer used to transport the regulated material; [and]
150	150	(3) if the regulated material includes condensing or
151	151	evaporator coils, tubing, or pipes for central heating or air
152	152	conditioning units, display to the metal recycling entity:
153	153	(A) the person's air conditioning and
154	154	refrigeration contractor license issued under Subchapter F or G,
155	155	Chapter 1302;
156	156	(B) the person's air conditioning and
157	157	refrigeration technician registration issued under Subchapter K,
158	158	Chapter 1302;
159	159	(C) a receipt, bill of sale, or other
160	160	documentation showing that the seller purchased the heating or air
161	161	conditioning unit components the seller is attempting to sell; or
162	162	(D) a receipt, bill of sale, or other
163	163	documentation showing that the seller has purchased a replacement
164	164	heating or air conditioning unit;
165	165	(4) if the regulated material includes insulated
166	166	utility, communications, or electrical wire that has been burned
167	167	wholly or partly to remove the insulation, display to the metal
168	168	recycling entity documentation from the fire department of a
169	169	county, municipality, or other political subdivision stating that
170	170	the material was salvaged from a fire in that county, municipality,
171	171	or political subdivision; and
172	172	(5) either:
173	173	(A) present written documentation evidencing
174	174	that the person is the legal owner or is lawfully entitled to sell
175	175	the regulated material; or
176	176	(B) sign a written statement provided by the
177	177	metal recycling entity that the person is the legal owner of or is
178	178	lawfully entitled to sell the regulated material offered for sale.
179	179	(b) A person required by a municipality to prepare a signed
180	180	statement consisting of the information required by Subsection
181	181	(a)(5) [(a)(3)] may use the statement required by the municipality
182	182	to comply with Subsection (a)(5) [(a)(3)].
183	183	(c) The metal recycling entity [or the entity's agent] shall
184	184	visually verify the accuracy of the personal identification
185	185	document presented by the seller at the time of the purchase of
186	186	regulated material and make a copy of the document [identification]
187	187	to be maintained by the entity in the entity's records, except as
188	188	otherwise provided by Subsection (f).
189	189	(d) Unless exempt as provided by Section 1956.0335, the
190	190	[The] metal recycling entity shall obtain a digital or video [or the
191	191	entity's agent for recordkeeping purposes may] photograph that
192	192	accurately depicts the seller's entire face, not including any hat,
193	193	and obtain the name of the seller's employer.
194	194	(e) Unless exempt as provided by Section 1956.0335, the
195	195	[The] metal recycling entity shall obtain a digital or video [or the
196	196	entity's agent for recordkeeping purposes may take a] photograph
197	197	that accurately depicts:
198	198	(1) [of] the motor vehicle of the seller in which the
199	199	make, model, color, and license plate number of the motor vehicle
200	200	are identifiable; and
201	201	(2) the model and any license plate number of any
202	202	trailer attached to the seller's motor vehicle [in lieu of the
203	203	information required under Subsection (a)(3)].
204	204	(f) The metal recycling entity is not required to make a
205	205	copy of the identification as required under Subsection (c) or
206	206	collect the information required under Subsection (a)(5) [(a)(3)]
207	207	if:
208	208	(1) the seller signs the written statement as required
209	209	under Subsection (a)(5) [(a)(3)];
210	210	(2) the seller has previously provided the information
211	211	required under Subsections [Subsection] (a) and (c); and
212	212	(3) the previously provided information has not
213	213	changed.
214	214	(g) Notwithstanding Section 1956.002, a person attempting
215	215	to sell regulated material who represents that the person is a metal
216	216	recycling entity shall provide a copy of the certificate of
217	217	registration issued under Section 1956.022 in addition to the
218	218	information required under Subsection (a).
219	219	SECTION 7. Section 1956.033, Occupations Code, is amended
220	220	to read as follows:
221	221	Sec. 1956.033. RECORD OF PURCHASE. (a) Each metal
222	222	recycling entity in this state shall keep an accurate electronic
223	223	record or an accurate and legible written record of each purchase of
224	224	regulated material made in the course of the entity's business from
225	225	an individual [of:
226	226	[(1) copper or brass material;
227	227	[(2) bronze material;
228	228	[(3) aluminum material; or
229	229	[(4) regulated metal].
230	230	(b) The record must be in English and include:
231	231	(1) the name and address of the metal recycling
232	232	entity;
233	233	(2) the [place and] date of the purchase;
234	234	(3) [(2)] the name, [and] address, and [of each
235	235	individual from whom the regulated material is purchased or
236	236	obtained;
237	237	[(3) the] identifying number displayed on [of] the
238	238	seller's personal identification document and a copy of the
239	239	seller's personal identification document as required under
240	240	Section 1956.032;
241	241	(4) as applicable:
242	242	(A) the identifying number of the seller's air
243	243	conditioning and refrigeration contractor license displayed under
244	244	Section 1956.032(a)(3)(A);
245	245	(B) a copy of the seller's air conditioning and
246	246	refrigeration technician registration displayed under Section
247	247	1956.032(a)(3)(B);
248	248	(C) a copy of the documentation described by
249	249	Section 1956.032(a)(3)(C);
250	250	(D) a copy of the documentation described by
251	251	Section 1956.032(a)(3)(D); or
252	252	(E) a copy of the documentation described by
253	253	Section 1956.032(a)(4);
254	254	(5) a digital or video photograph that accurately
255	255	depicts each item of regulated material purchased unless the metal
256	256	recycling entity is exempt as provided by Section 1956.0335;
257	257	(6) a description made in accordance with the custom
258	258	of the trade of the type and quantity of regulated material
259	259	purchased;
260	260	(7) copies of the photographs described by Sections
261	261	1956.032(d) and (e) unless the metal recycling entity is exempt as
262	262	provided by Section 1956.0335;
263	263	(8) a copy of the seller's thumbprint if required by a
264	264	county, municipality, or other political subdivision as provided by
265	265	Section 1956.003(a-1); and
266	266	(9) [(5)] the information required by Section
267	267	1956.032(a)(5) [1956.032(a)(3)].
268	268	SECTION 8. Subchapter A-3, Chapter 1956, Occupations Code,
269	269	is amended by adding Section 1956.0335 to read as follows:
270	270	Sec. 1956.0335. EXEMPTION FROM PHOTOGRAPH REQUIREMENT. A
271	271	metal recycling entity is exempt from the requirements of Sections
272	272	1956.032(d) and (e) and 1956.033(b)(5) and (7) if:
273	273	(1) the entity annually submits to the department:
274	274	(A) an application requesting an exception to the
275	275	requirements; and
276	276	(B) an affidavit stating that the entity does not
277	277	have an available means of obtaining a digital or video photograph;
278	278	and
279	279	(2) the department approves the entity's application
280	280	under this section.
281	281	SECTION 9. Section 1956.034, Occupations Code, is amended
282	282	to read as follows:
283	283	Sec. 1956.034. PRESERVATION OF RECORDS; UNAUTHORIZED USE OF
284	284	INFORMATION. (a) A metal recycling entity shall preserve each
285	285	record required by Sections 1956.032 and 1956.033 until the third
286	286	anniversary of the date the record was made.
287	287	(b) The records may be maintained in an electronic medium or
288	288	through other recordkeeping technology. If a record is not
289	289	maintained in a hard copy format, the metal recycling entity must
290	290	provide a legible hard copy of the record on request of a peace
291	291	officer under Section 1956.035.
292	292	(c) The records must be kept in the office or place of
293	293	business where the purchase was made until the first anniversary of
294	294	the date of purchase.
295	295	(d) Except as authorized by this chapter, a person commits
296	296	an offense if the person knowingly releases or discloses
297	297	information regarding a seller of regulated material that is
298	298	contained in a record required by Section 1956.032 or 1956.033.
299	299	(e) An offense under Subsection (d) is a Class A misdemeanor
300	300	unless it is shown on trial of the offense that the person has
301	301	previously been convicted under Subsection (d), in which event the
302	302	offense is a state jail felony.
303	303	SECTION 10. Section 1956.036, Occupations Code, is amended
304	304	by amending Subsections (a) and (b) and adding Subsection (d) to
305	305	read as follows:
306	306	(a) Except as provided by Subsections [Subsection] (b) and
307	307	(d), not later than 48 hours [the seventh day] after the [date of
308	308	the] purchase or other acquisition of material for which a record is
309	309	required under Section 1956.033, a metal recycling entity shall
310	310	send an electronic transaction report to the department via the
311	311	department's Internet website. The [by facsimile or electronic
312	312	mail to or file with the department a] report must contain
313	313	[containing] the information required to be recorded under Section
314	314	1956.033, other than the photographs described by Sections
315	315	1956.033(b)(5) and (7) [that section].
316	316	(b) If a metal recycling entity purchases bronze material
317	317	that is a cemetery vase, receptacle, memorial, or statuary or a pipe
318	318	that can reasonably be identified as aluminum irrigation pipe, the
319	319	entity shall:
320	320	(1) not later than the close of business on the
321	321	entity's first working day after the purchase date:
322	322	(A) by telephone[,] notify the department of the
323	323	purchase; or
324	324	(B) submit to the department electronically via
325	325	the department's Internet website or file with the department a
326	326	report containing the information required to be recorded under
327	327	Section 1956.033, other than the photographs described by Sections
328	328	1956.033(b)(5) and (7); and
329	329	(2) if not already submitted or filed under
330	330	Subdivision (1)(B), not later than 48 hours [the fifth day] after
331	331	the purchase [date], submit to the department electronically via
332	332	the department's Internet website [mail to] or file with the
333	333	department a report containing the information required to be
334	334	recorded under Section 1956.033, other than the photographs
335	335	described by Sections 1956.033(b)(5) and (7).
336	336	(d) A metal recycling entity may submit the transaction
337	337	report required under Subsection (a) by facsimile if:
338	338	(1) the entity annually submits to the department:
339	339	(A) an application requesting an exception to the
340	340	electronic reporting requirement; and
341	341	(B) an affidavit stating that the entity does not
342	342	have an available and reliable means of submitting the transaction
343	343	report electronically; and
344	344	(2) the department approves the entity's application
345	345	under this subsection.
346	346	SECTION 11. Section 1956.037(a), Occupations Code, is
347	347	amended to read as follows:
348	348	(a) A metal recycling entity may not dispose of, process,
349	349	sell, or remove from the premises an item of regulated metal unless:
350	350	(1) the entity acquired the item more than five days
351	351	[72 hours], excluding weekends and holidays, before the disposal,
352	352	processing, sale, or removal; or
353	353	(2) the entity purchased the item from a
354	354	manufacturing, industrial, commercial, retail, or other seller
355	355	that sells regulated material in the ordinary course of its
356	356	business.
357	357	SECTION 12. Section 1956.038, Occupations Code, is amended
358	358	to read as follows:
359	359	Sec. 1956.038. PROHIBITED ACTS. (a) A person may not,
360	360	with the intent to deceive:
361	361	(1) display to a metal recycling entity a false or
362	362	invalid personal identification document in connection with the
363	363	person's attempted sale of regulated material;
364	364	(2) make a false, material statement or representation
365	365	to a metal recycling entity in connection with:
366	366	(A) that person's execution of a written
367	367	statement required by Section 1956.032(a)(5) [1956.032(a)(3)]; or
368	368	(B) the entity's efforts to obtain the
369	369	information required under Section 1956.033(b); [or]
370	370	(3) display or provide to a metal recycling entity any
371	371	information required under Section 1956.032 that the person knows
372	372	is false or invalid; or
373	373	(4) display another individual's personal
374	374	identification document in connection with the sale of regulated
375	375	material.
376	376	(b) A metal recycling entity may pay for a purchase of
377	377	regulated metal only as follows:
378	378	(1) by check issued to the seller not earlier than the
379	379	fifth day after the date of the purchase; or
380	380	(2) by cash not earlier than the 10th day after the
381	381	date of the purchase.
382	382	(c) A metal recycling entity may not pay cash for a purchase
383	383	of regulated material unless the metal recycling entity is
384	384	registered under Subchapter A-2.
385	385	(d) Notwithstanding Section 1956.003(a) or any other law, a
386	386	county, municipality, or other political subdivision may not adopt
387	387	a rule, charter, or ordinance or issue an order or impose standards
388	388	that limit the use of cash by a metal recycling entity in a manner
389	389	more restrictive than that provided by Subsections (b) and (c).
390	390	(e) A metal recycling entity that purchases regulated
391	391	material with cash in violation of Subsection (c) may not pay cash
392	392	for a purchase of regulated material before the second anniversary
393	393	of the date the entity registers under Subchapter A-2.
394	394	SECTION 13. Section 1956.040, Occupations Code, is amended
395	395	by adding Subsections (a-1), (a-2), (a-3), and (b-1) and amending
396	396	Subsection (b) to read as follows:
397	397	(a-1) A person commits an offense if the person knowingly
398	398	violates Section 1956.021, 1956.023(d), 1956.036(a), or 1956.039.
399	399	An offense under this subsection is a misdemeanor punishable by a
400	400	fine not to exceed $10,000, unless it is shown on trial of the
401	401	offense that the person has previously been convicted of a
402	402	violation of this subsection, in which event the offense is a state
403	403	jail felony.
404	404	(a-2) It is an affirmative defense to prosecution of a
405	405	violation of Section 1956.021 or 1956.023(d) that the person made a
406	406	diligent effort to obtain or renew a certificate of registration at
407	407	the time of the violation.
408	408	(a-3) The clerk of the court shall remit a fine collected
409	409	for conviction of an offense under Subsection (a-1) to the
410	410	comptroller in the manner provided for the remission of fees to the
411	411	comptroller under Subchapter B, Chapter 133, Local Government Code.
412	412	The comptroller shall deposit proceeds received under this
413	413	subsection to the credit of an account in the general revenue fund,
414	414	and those proceeds may be appropriated only to the department and
415	415	used to:
416	416	(1) finance the department's administration of
417	417	Subchapters A, A-1, A-2, and A-3; and
418	418	(2) fund grants distributed under the prevention of
419	419	scrap metal theft grant program established under Subchapter N,
420	420	Chapter 411, Government Code.
421	421	(b) A person commits an offense if the person knowingly
422	422	buys:
423	423	(1) stolen regulated material;
424	424	(2) insulated utility, communications, or electrical
425	425	wire that has been burned wholly or partly to remove the insulation,
426	426	unless the wire is accompanied by documentation from the fire
427	427	department of a county, municipality, or other political
428	428	subdivision stating that the material was salvaged from a fire in
429	429	that county, municipality, or political subdivision; or
430	430	(3) condensing or evaporator coils, tubing, rods, or
431	431	other components of a central air conditioning unit that have been
432	432	altered to resemble components of a portable or self-contained
433	433	ductless air conditioning product that has a cooling capacity of
434	434	three tons or less.
435	435	(b-1) An offense under Subsection (b) [this subsection] is a
436	436	Class A misdemeanor unless it is shown on trial of the offense that
437	437	the person has previously been convicted under Subsection (b) [this
438	438	subsection], in which event the offense is a state jail felony.
439	439	SECTION 14. Section 1956.103(a), Occupations Code, is
440	440	amended to read as follows:
441	441	(a) A person may not sell or otherwise transfer to a metal
442	442	recycling entity:
443	443	(1) a lead-acid battery, fuel tank, or PCB-containing
444	444	capacitor that is included with another type of scrap, used, or
445	445	obsolete metal without first obtaining from the metal recycling
446	446	entity a written and signed acknowledgment that the scrap, used, or
447	447	obsolete metal includes one or more lead-acid batteries, fuel
448	448	tanks, or PCB-containing capacitors;
449	449	(2) any of the following items that contain or enclose
450	450	a lead-acid battery, fuel tank, or PCB-containing capacitor or of
451	451	which a lead-acid battery, fuel tank, or PCB-containing capacitor
452	452	is a part:
453	453	(A) a motor vehicle;
454	454	(B) a motor vehicle that has been junked,
455	455	flattened, dismantled, or changed so that it has lost its character
456	456	as a motor vehicle;
457	457	(C) an appliance; or
458	458	(D) any other item of scrap, used, or obsolete
459	459	metal; [or]
460	460	(3) a motor vehicle or a motor vehicle that has been
461	461	junked, flattened, dismantled, or changed so that it has lost its
462	462	character as a motor vehicle if the motor vehicle includes,
463	463	contains, or encloses a tire or scrap tire; or
464	464	(4) a metal alcoholic beverage keg, regardless of
465	465	condition, unless the seller is the manufacturer of the keg, the
466	466	brewer or distiller of the beverage that was contained in the keg,
467	467	or an authorized representative of the manufacturer, brewer, or
468	468	distiller.
469	469	SECTION 15. Section 1956.151, Occupations Code, is amended
470	470	to read as follows:
471	471	Sec. 1956.151. DENIAL OF CERTIFICATE; DISCIPLINARY ACTION.
472	472	The department shall deny an application for a certificate of
473	473	registration, suspend or revoke a certificate of registration, or
474	474	reprimand a person who is registered under this chapter if the
475	475	person:
476	476	(1) obtains a certificate of registration by means of
477	477	fraud, misrepresentation, or concealment of a material fact;
478	478	(2) sells, barters, or offers to sell or barter a
479	479	certificate of registration;
480	480	(3) violates a provision of this chapter or a rule
481	481	adopted under this chapter; or
482	482	(4) violates Section 1956.021.
483	483	SECTION 16. Section 1956.202(d), Occupations Code, is
484	484	amended to read as follows:
485	485	(d) A civil penalty may not be assessed under this section
486	486	for conduct described by Section 1956.021, 1956.023(d),
487	487	1956.036(a), 1956.038, or 1956.039.
488	488	SECTION 17. Chapter 411, Government Code, is amended by
489	489	adding Subchapter N to read as follows:
490	490	SUBCHAPTER N. PREVENTION OF SCRAP METAL THEFT GRANT PROGRAM
491	491	Sec. 411.421. DEFINITION. In this subchapter, "regulated
492	492	material" has the meaning assigned by Section 1956.001, Occupations
493	493	Code.
494	494	Sec. 411.422. GRANTS TO FUND SCRAP METAL THEFT PREVENTION.
495	495	(a) From fines collected and distributed to the department under
496	496	Sections 1956.040(a-1) and (a-3), Occupations Code, the commission
497	497	by rule shall establish and implement a grant program to provide
498	498	funding to assist local law enforcement agencies in preventing the
499	499	theft of regulated material.
500	500	(b) To be eligible for a grant, a recipient must be a local
501	501	law enforcement agency that has established a program designed to
502	502	prevent the theft of regulated material.
503	503	(c) Rules adopted under this section must:
504	504	(1) include accountability measures for grant
505	505	recipients and provisions for loss of eligibility for grant
506	506	recipients that fail to comply with the measures; and
507	507	(2) require grant recipients to provide to the
508	508	department information on program outcomes.
509	509	SECTION 18. Section 31.03(e), Penal Code, is amended to
510	510	read as follows:
511	511	(e) Except as provided by Subsection (f), an offense under
512	512	this section is:
513	513	(1) a Class C misdemeanor if the value of the property
514	514	stolen is less than:
515	515	(A) $50; or
516	516	(B) $20 and the defendant obtained the property
517	517	by issuing or passing a check or similar sight order in a manner
518	518	described by Section 31.06;
519	519	(2) a Class B misdemeanor if:
520	520	(A) the value of the property stolen is:
521	521	(i) $50 or more but less than $500; or
522	522	(ii) $20 or more but less than $500 and the
523	523	defendant obtained the property by issuing or passing a check or
524	524	similar sight order in a manner described by Section 31.06;
525	525	(B) the value of the property stolen is less
526	526	than:
527	527	(i) $50 and the defendant has previously
528	528	been convicted of any grade of theft; or
529	529	(ii) $20, the defendant has previously been
530	530	convicted of any grade of theft, and the defendant obtained the
531	531	property by issuing or passing a check or similar sight order in a
532	532	manner described by Section 31.06; or
533	533	(C) the property stolen is a driver's license,
534	534	commercial driver's license, or personal identification
535	535	certificate issued by this state or another state;
536	536	(3) a Class A misdemeanor if the value of the property
537	537	stolen is $500 or more but less than $1,500;
538	538	(4) a state jail felony if:
539	539	(A) the value of the property stolen is $1,500 or
540	540	more but less than $20,000, or the property is less than 10 head of
541	541	sheep, swine, or goats or any part thereof under the value of
542	542	$20,000;
543	543	(B) regardless of value, the property is stolen
544	544	from the person of another or from a human corpse or grave,
545	545	including property that is a military grave marker;
546	546	(C) the property stolen is a firearm, as defined
547	547	by Section 46.01;
548	548	(D) the value of the property stolen is less than
549	549	$1,500 and the defendant has been previously convicted two or more
550	550	times of any grade of theft;
551	551	(E) the property stolen is an official ballot or
552	552	official carrier envelope for an election; or
553	553	(F) the value of the property stolen is less than
554	554	$20,000 and the property stolen is [insulated or noninsulated
555	555	tubing, rods, water gate stems, wire, or cable that consists of at
556	556	least 50 percent]:
557	557	(i) aluminum;
558	558	(ii) bronze; [or]
559	559	(iii) copper; or
560	560	(iv) brass;
561	561	(5) a felony of the third degree if the value of the
562	562	property stolen is $20,000 or more but less than $100,000, or the
563	563	property is:
564	564	(A) cattle, horses, or exotic livestock or exotic
565	565	fowl as defined by Section 142.001, Agriculture Code, stolen during
566	566	a single transaction and having an aggregate value of less than
567	567	$100,000; or
568	568	(B) 10 or more head of sheep, swine, or goats
569	569	stolen during a single transaction and having an aggregate value of
570	570	less than $100,000;
571	571	(6) a felony of the second degree if the value of the
572	572	property stolen is $100,000 or more but less than $200,000; or
573	573	(7) a felony of the first degree if the value of the
574	574	property stolen is $200,000 or more.
575	575	SECTION 19. Sections 1956.015(b) and (c), Occupations Code,
576	576	are repealed.
577	577	SECTION 20. (a) The change in law made by this Act applies
578	578	only to an offense committed on or after the effective date of this
579	579	Act. An offense committed before the effective date of this Act is
580	580	governed by the law in effect when the offense was committed, and
581	581	the former law is continued in effect for that purpose. For
582	582	purposes of this subsection, an offense was committed before the
583	583	effective date of this Act if any element of the offense occurred
584	584	before that date.
585	585	(b) The enhancement of the punishment of an offense provided
586	586	under Section 1956.003(f) or 1956.040(a-1), Occupations Code, as
587	587	added by this Act, applies only to an offense committed on or after
588	588	January 1, 2012. An offense committed before January 1, 2012, is
589	589	governed by the law in effect when the offense was committed, and
590	590	the former law is continued in effect for that purpose. For
591	591	purposes of this subsection, an offense was committed before
592	592	January 1, 2012, if any element of the offense occurred before that
593	593	date.
594	594	SECTION 21. This Act takes effect September 1, 2011.