| 1 | 1 | | By: Callegari (Senate Sponsor - West) H.B. No. 555 |
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| 2 | 2 | | (In the Senate - Received from the House May 8, 2013; |
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| 3 | 3 | | May 9, 2013, read first time and referred to Committee on Criminal |
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| 4 | 4 | | Justice; May 17, 2013, reported favorably by the following vote: |
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| 5 | 5 | | Yeas 7, Nays 0; May 17, 2013, sent to printer.) |
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| 6 | 6 | | |
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| 7 | 7 | | |
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| 8 | 8 | | A BILL TO BE ENTITLED |
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| 9 | 9 | | AN ACT |
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| 10 | 10 | | relating to certain criminal offenses for violations of the law |
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| 11 | 11 | | regulating metal recycling entities. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Section 1956.040(a-2), Occupations Code, is |
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| 14 | 14 | | amended to read as follows: |
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| 15 | 15 | | (a-2) An offense under Subsection (a-1) is a Class A |
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| 16 | 16 | | misdemeanor, except that any [punishable by a] fine imposed may not |
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| 17 | 17 | | [to] exceed $10,000. If [, unless] it is shown on trial of an [the] |
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| 18 | 18 | | offense under Subsection (a-1) that the person has previously been |
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| 19 | 19 | | convicted of a violation of that subsection, [Subsection (a-1), in |
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| 20 | 20 | | which event] the offense is a state jail felony. |
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| 21 | 21 | | SECTION 2. Subchapter E, Chapter 1956, Occupations Code, is |
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| 22 | 22 | | amended by adding Section 1956.204 to read as follows: |
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| 23 | 23 | | Sec. 1956.204. GENERAL CRIMINAL PENALTY. (a) A person |
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| 24 | 24 | | commits an offense if the person violates this chapter or a rule |
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| 25 | 25 | | adopted under this chapter, including a rule, charter, or ordinance |
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| 26 | 26 | | adopted, an order issued, or a standard imposed by a county, |
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| 27 | 27 | | municipality, or political subdivision under Section 1956.003. |
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| 28 | 28 | | (b) An offense under this section is a Class C misdemeanor. |
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| 29 | 29 | | (c) If conduct that constitutes an offense under this |
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| 30 | 30 | | section also constitutes an offense under another section in this |
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| 31 | 31 | | chapter, the person may be prosecuted only under that other |
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| 32 | 32 | | section. |
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| 33 | 33 | | SECTION 3. The change in law made by this Act applies only |
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| 34 | 34 | | to an offense committed on or after the effective date of this Act. |
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| 35 | 35 | | An offense committed before the effective date of this Act is |
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| 36 | 36 | | governed by the law in effect on the date the offense was committed, |
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| 37 | 37 | | and the former law is continued in effect for that purpose. For |
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| 38 | 38 | | purposes of this section, an offense was committed before the |
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| 39 | 39 | | effective date of this Act if any element of the offense occurred |
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| 40 | 40 | | before that date. |
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| 41 | 41 | | SECTION 4. This Act takes effect September 1, 2013. |
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| 42 | 42 | | * * * * * |
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