82R9076 NC-D
By: Zaffirini S.B. No. 1450
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of crafted precious metal dealers;
providing a criminal penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 215.031, Local Government Code, is
amended to read as follows:
Sec. 215.031. HAWKERS; PEDDLERS; PAWNBROKERS;
CASH-FOR-GOLD ESTABLISHMENTS. The governing body of the
municipality may license, tax, suppress, prevent, or otherwise
regulate:
(1) hawkers;
(2) peddlers; [and]
(3) pawnbrokers; and
(4) cash-for-gold establishments.
SECTION 2. Subchapter B, Chapter 1956, Occupations Code, is
amended by adding Section 1956.0611 to read as follows:
Sec. 1956.0611. CRIMINAL BACKGROUND CHECK REQUIRED. (a) A
dealer shall conduct a criminal background check on an applicant
for employment with the dealer.
(b) A dealer may not employ a person who has been convicted
of a felony offense or an offense under Section 31.03, Penal Code.
SECTION 3. Section 1956.064(a), Occupations Code, is
amended to read as follows:
(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 22nd [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;
(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.
SECTION 4. Section 1956.069(a), Occupations Code, is
amended to read as follows:
(a) A dealer commits an offense if the dealer:
(1) violates Section 1956.0611;
(2) fails to make or permit inspection of a report as
required by Section 1956.062 or 1956.063;
(3) [(2)] disposes of crafted precious metal or fails
to make a record available for inspection by a peace officer as
required by Section 1956.064;
(4) [(3)] fails to obtain or retain a statement as
required by Section 1956.066;
(5) [(4)] fails to file a registration statement as
required by Section 1956.067; or
(6) [(5)] purchases an object in violation of Section
1956.068.
SECTION 5. Section 1956.064(a), Occupations Code, as
amended by this Act, applies only to crafted precious metal that is
the subject of a report filed on or after the effective date of this
Act. Crafted precious metal that is the subject of a report filed
before the effective date of this Act is governed by the law in
effect when the report was filed, and the former law is continued in
effect for that purpose.
SECTION 6. This Act takes effect September 1, 2011.