Texas 2013 - 83rd Regular

Texas House Bill HB1769 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	83R15346 MAW-F
2	2	By: Geren, Bohac, Raymond H.B. No. 1769
3	3	Substitute the following for H.B. No. 1769:
4	4	By: Marquez C.S.H.B. No. 1769
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the regulation of certain metal dealers; providing a
10	10	criminal penalty.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 1956.001(8), Occupations Code, is
13	13	amended to read as follows:
14	14	(8) "Personal identification document" means:
15	15	(A) a valid driver's license issued by a state in
16	16	the United States;
17	17	(B) a United States military identification
18	18	card; [or]
19	19	(C) a personal identification certificate issued
20	20	by the department under Section 521.101, Transportation Code, or a
21	21	corresponding card or certificate issued by another state;
22	22	(D) a passport; or
23	23	(E) documentation issued by the United States
24	24	agency responsible for citizenship and immigration that authorizes
25	25	the person to be in the United States.
26	26	SECTION 2. Section 1956.0612, Occupations Code, is amended
27	27	by adding Subsection (h) to read as follows:
28	28	(h) The commissioner may not register a person as a dealer
29	29	if the person, in the calendar year preceding the calendar year for
30	30	which the person seeks to act as a dealer, fails to comply with any
31	31	requirement of Section 1956.062.
32	32	SECTION 3. Section 1956.062, Occupations Code, is amended
33	33	to read as follows:
34	34	Sec. 1956.062. RECORD [REPORT] OF PURCHASE OR EXCHANGE
35	35	REQUIRED. (a) A dealer shall maintain an accurate record of[, as
36	36	required by Section 1956.063, report] all identifiable crafted
37	37	precious metal that the dealer purchases, takes in trade, accepts
38	38	for sale on consignment, or accepts for auction.
39	39	(b) The record [Before crafted precious metal is offered for
40	40	sale or exchange, a dealer must notify each person intending to sell
41	41	or exchange the metal that, before the dealer may accept any of the
42	42	person's property, the person must file with the dealer a list
43	43	describing all of the person's crafted precious metal to be
44	44	accepted by the dealer. The list] must include [contain]:
45	45	(1) the date of the transaction;
46	46	(2) the name and physical address of the dealer;
47	47	(3) the [proposed] seller's name as listed on the
48	48	seller's personal identification document;
49	49	(4) the identifying number of the seller's personal
50	50	identification document;
51	51	(5) the physical [and] address at which the seller is
52	52	residing at the time of the transaction;
53	53	(6) the seller's sex, height, date of birth, and eye
54	54	color;
55	55	(7) [(2)] a complete and accurate description of the
56	56	crafted precious metal that includes:
57	57	(A) the number of items accepted;
58	58	(B) for each item accepted, the size, weight, and
59	59	length of the item, and the material from which the item is made;
60	60	(C) for each item accepted that contains a
61	61	precious metal, the color, weight, purity, and type of each
62	62	precious metal;
63	63	(D) the color, number, size, and approximate
64	64	weight of any stone included in the items accepted; and
65	65	(E) other identifying characteristics of the
66	66	items accepted;
67	67	(8) a digital or video photograph that accurately
68	68	depicts each item accepted; and
69	69	(9) [(3)] the [proposed] seller's certification that:
70	70	(A) the information in the record is true and
71	71	complete; and
72	72	(B) the seller is the legal owner of or is
73	73	lawfully entitled to transfer the crafted precious metal.
74	74	(c) [The dealer shall record the proposed seller's driver's
75	75	license number or department personal identification certificate
76	76	number on physical presentation of the license or personal
77	77	identification certificate by the seller. The record must
78	78	accompany the list.
79	79	[(d)] The dealer shall:
80	80	(1) provide to a peace officer, on demand, the record
81	81	[list] required by this section [Subsection (b)]; and
82	82	(2) except as provided by Subsection (d), mail or
83	83	deliver a complete copy of the record [list] to the chief of police
84	84	or the sheriff as provided by Section 1956.063 not later than 48
85	85	hours after the time the transaction occurs [list is filed with the
86	86	dealer].
87	87	(d) The chief of police or the sheriff may provide for
88	88	electronic submission of a record under Subsection (c)(2).
89	89	(e) In addition to the report required by Subsection (c)(2),
90	90	the commissioner shall by rule require a dealer to report all
91	91	crafted precious metal described by Subsection (a) to the Internet
92	92	database designated under Subsection (f) not later than the end of
93	93	the business day in which the transaction occurred.
94	94	(f) For purposes of Subsection (e), the commissioner shall
95	95	designate an Internet database that is designed to collect
96	96	information from businesses regarding certain transactions and to
97	97	make that information available to law enforcement agencies to
98	98	assist the agencies in solving crimes.
99	99	(g) In this section, "seller" includes a transferor who
100	100	exchanges, or offers to exchange, crafted precious metal with a
101	101	dealer.
102	102	SECTION 4. Section 1956.063(c), Occupations Code, is
103	103	amended to read as follows:
104	104	(c) For each transaction for which the dealer is required by
105	105	Section 1956.062 to maintain a record [regulated by this
106	106	subchapter], the dealer shall submit a report on a preprinted and
107	107	prenumbered form prescribed by the commissioner. The form must
108	108	include the information required to be included in the record
109	109	[following:
110	110	[(1) the date of the transaction;
111	111	[(2) a description of the crafted precious metal
112	112	purchased by the dealer;
113	113	[(3) the name and physical address of the dealer; and
114	114	[(4) the name, physical description, and physical
115	115	address of the seller or transferor].
116	116	SECTION 5. Subchapter B, Chapter 1956, Occupations Code, is
117	117	amended by adding Section 1956.0631 to read as follows:
118	118	Sec. 1956.0631. PAYMENT FOR CRAFTED PRECIOUS METAL
119	119	PURCHASED. A dealer may pay for a purchase of crafted precious
120	120	metal only by check or prepaid debit card. If payment is by check,
121	121	the names of the dealer and seller must be printed on the check. If
122	122	payment is by prepaid debit card, the seller may not be liable for
123	123	any fees charged by the issuer of the card.
124	124	SECTION 6. Section 1956.064(a), Occupations Code, is
125	125	amended to read as follows:
126	126	(a) A dealer may not melt, deface, alter, or dispose of
127	127	crafted precious metal that is the subject of a report required by
128	128	this subchapter before the 11th day after the date the report is
129	129	filed unless:
130	130	(1) the peace officer to whom the report is submitted,
131	131	for good cause, authorizes disposition of the metal; or
132	132	(2) [the dealer obtains the name, address, and
133	133	description of the buyer and retains a record of that information;
134	134	or
135	135	[(3)] the dealer is a pawnbroker and the disposition
136	136	is the redemption of pledged property by the pledgor.
137	137	SECTION 7. Section 1956.069(a), Occupations Code, is
138	138	amended to read as follows:
139	139	(a) A person commits an offense if the person:
140	140	(1) fails to make or permit inspection of a report as
141	141	required by Section 1956.062 or 1956.063;
142	142	(2) violates Section 1956.0612, 1956.0631, or
143	143	1956.064;
144	144	(3) fails to obtain or retain a statement as required
145	145	by Section 1956.066;
146	146	(4) fails to file a registration statement as required
147	147	by Section 1956.067; or
148	148	(5) purchases an object in violation of Section
149	149	1956.068.
150	150	SECTION 8. The change in law made by this Act applies only
151	151	to an offense committed on or after the effective date of this Act.
152	152	An offense committed before the effective date of this Act is
153	153	governed by the law in effect on the date the offense was committed,
154	154	and the former law is continued in effect for that purpose. For
155	155	purposes of this section, an offense was committed before the
156	156	effective date of this Act if any element of the offense occurred
157	157	before that date.
158	158	SECTION 9. Not later than November 1, 2013, the consumer
159	159	credit commissioner shall prescribe the form required by Section
160	160	1956.063, Occupations Code, as amended by this Act.
161	161	SECTION 10. (a) Except as provided by Subsection (b) of
162	162	this section, this Act takes effect September 1, 2013.
163	163	(b) Section 1956.063(c), Occupations Code, as amended by
164	164	this Act, takes effect December 1, 2013.