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