84R9330 TSR-F
By: Smith H.B. No. 2187
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of metal recycling entities; imposing an
administrative penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1956.001, Occupations Code, is amended
by amending Subdivisions (4), (9), and (10) and adding Subdivision
(6-a) to read as follows:
(4) "Copper or brass material" means:
(A) a power inverter or insulated or
noninsulated copper wire or cable that contains copper or an alloy
of copper or zinc and is of the type used by:
(i) a public utility or common carrier;
(ii) a telecommunications provider as
defined by Section 51.002, Utilities Code;
(iii) a cable service provider as defined
by Section 66.002, Utilities Code; or
(iv) a video service provider as defined by
Section 66.002, Utilities Code [that contains copper or an alloy of
copper or zinc];
(B) a copper or brass item of a type commonly used
in construction or by:
(i) a public utility;
(ii) a telecommunications provider as
defined by Section 51.002, Utilities Code;
(iii) a cable service provider as defined
by Section 66.002, Utilities Code; or
(iv) a video service provider as defined by
Section 66.002, Utilities Code; or
(C) copper pipe or copper tubing.
(6-a) "Lead material" means:
(A) a commercial grade lead battery, lead-acid
battery, or spiral cell battery; or
(B) a material or an item readily identifiable as
being made of or containing lead.
(9) "Regulated material" means:
(A) aluminum material;
(B) bronze material;
(C) copper or brass material; [or]
(D) lead material; or
(E) regulated metal.
(10) "Regulated metal" means:
(A) manhole covers;
(B) guardrails;
(C) metal cylinders designed to contain
compressed air, oxygen, gases, or liquids;
(D) beer kegs made from metal other than
aluminum;
(E) historical markers or cemetery vases,
receptacles, or memorials made from metal other than aluminum;
(F) unused rebar;
(G) street signs;
(H) drain gates;
(I) safes;
(J) communication, transmission, and service
wire or cable;
(K) condensing or evaporator coils for central
heating or air conditioning units;
(L) utility structures, including the fixtures
and hardware;
(M) aluminum or stainless steel containers
designed to hold propane for fueling forklifts;
(N) metal railroad equipment, including tie
plates, signal houses, control boxes, signs, signals, traffic
devices, traffic control devices, traffic control signals, switch
plates, e-clips, and rail tie functions;
(O) catalytic converters not attached to a
vehicle;
(P) fire hydrants;
(Q) metal bleachers or other seating facilities
used in recreational areas or sporting arenas;
(R) any metal item clearly and conspicuously
marked with any form of the name, initials, or logo of a
governmental entity, utility, cemetery, or railroad;
(S) insulated utility, communications, or
electrical wire that has been burned in whole or in part to remove
the insulation;
(T) backflow valves; [and]
(U) metal in the form of commonly recognized
products of the industrial metals recycling process, including
bales, briquettes, billets, sows, ingots, pucks, and chopped or
shredded metals; and
(V) commercial grade lead batteries or lead-acid
batteries.
SECTION 2. Section 1956.002, Occupations Code, is amended
to read as follows:
Sec. 1956.002. EXCEPTION. This chapter does not apply to:
(1) a purchase of regulated material from a public
utility, a telecommunications provider as defined by Section
51.002, Utilities Code, a cable service provider as defined by
Section 66.002, Utilities Code, a video service provider as defined
by Section 66.002, Utilities Code, or a manufacturing, industrial,
commercial, retail, or other seller that sells regulated material
in the ordinary course of the seller's business;
(2) a purchase of regulated material by a manufacturer
whose primary business is the manufacture of iron and steel
products made from melting scrap iron and scrap steel; or
(3) the transport or hauling of recyclable materials
to or from the metal recycling entity.
SECTION 3. Section 1956.032, Occupations Code, is amended
by adding Subsection (a-1) to read as follows:
(a-1) A person attempting to sell regulated material to a
metal recycling entity shall sign a written statement provided by
the metal recycling entity certifying that the person has not
previously been convicted of an offense:
(1) under Section 31.03, Penal Code, if the property
stolen was regulated material; or
(2) under another law of this state or of another
jurisdiction involving the sale of regulated material.
SECTION 4. Section 1956.033(b), Occupations Code, is
amended to read as follows:
(b) The record must be in English and include:
(1) the place and date of the purchase;
(2) the name and address of the seller in possession of
the regulated material purchased;
(3) the identifying number of the seller's personal
identification document;
(4) a description made in accordance with the custom
of the trade of the commodity type and quantity of regulated
material purchased;
(5) the information required by Sections
1956.032(a)(2) and (3) and (a-1);
(6) as applicable:
(A) the identifying number of the seller's air
conditioning and refrigeration contractor license displayed under
Section 1956.032(a)(4)(A);
(B) a copy of the seller's air conditioning and
refrigeration technician registration displayed under Section
1956.032(a)(4)(B);
(C) a copy of the documentation described by
Section 1956.032(a)(4)(C); or
(D) a copy of the documentation described by
Section 1956.032(a)(4)(D);
(7) if applicable, a copy of the documentation
described by Section 1956.032(a)(5); and
(8) a copy of the documentation described by Section
1956.032(g).
SECTION 5. Section 1956.038, Occupations Code, is amended
by amending Subsections (a), (b), and (c) and adding Subsection
(b-1) to read as follows:
(a) A person may not, with the intent to deceive:
(1) display to a metal recycling entity a false or
invalid personal identification document in connection with the
person's attempted sale of regulated material;
(2) make a false, material statement or representation
to a metal recycling entity in connection with:
(A) that person's execution of a written
statement required by Sections [Section] 1956.032(a)(3) and (a-1);
or
(B) the entity's efforts to obtain the
information required under Section 1956.033(b);
(3) display or provide to a metal recycling entity any
information required under Section 1956.032 that the person knows
is false or invalid; or
(4) display another individual's personal
identification document in connection with the sale of regulated
material.
(b) A metal recycling entity may only [not] pay for a
purchase of regulated material in the manner provided by Section
1956.0381 [in cash if:
[(1) the entity does not hold a certificate of
registration under Subchapter A-2 and, if applicable, a license or
permit required by a county, municipality, or other political
subdivision as authorized under Section 1956.003(b); or
[(2) the entity has been prohibited by the department
from paying cash under Section 1956.036(e)].
(b-1) A metal recycling entity may not enter into more than
one transaction for the purchase of regulated material from the
same seller in a business day.
(c) A person may not sell or attempt to sell regulated
material to a metal recycling entity if the person has been
previously convicted of an offense:
(1) under Section 31.03, Penal Code, if the property
stolen was regulated material; or
(2) under another law of this state or of another
jurisdiction involving the sale of regulated material
[Notwithstanding Section 1956.003(a) or any other law, a county,
municipality, or other political subdivision may not adopt or
enforce a rule, charter, or ordinance or issue an order or impose
standards that limit the use of cash by a metal recycling entity in
a manner more restrictive than that provided by Subsection (b)].
SECTION 6. Subchapter A-3, Chapter 1956, Occupations Code,
is amended by adding Sections 1956.0381 and 1956.041 to read as
follows:
Sec. 1956.0381. PAYMENT BY METAL RECYCLING ENTITY. (a)
Except as provided by Subsection (c), a metal recycling entity may
only pay for a purchase of regulated material by:
(1) check;
(2) money order; or
(3) direct deposit by electronic funds transfer.
(b) A metal recycling entity that pays for a purchase of
regulated material by check or money order shall obtain a digital
photograph or video recording that accurately depicts:
(1) the seller's entire face; and
(2) each type of regulated material purchased.
(c) For any sale of regulated material to a metal recycling
entity in which the amount of the transaction is equal to or exceeds
$25, the metal recycling entity must pay the seller by mailing to
the address located on the personal identification document
provided by the seller under Section 1956.032:
(1) a check or money order made payable to the seller;
or
(2) a notice to the seller stating the time after which
the seller may pick up at the metal recycling entity a check or
money order made payable to the seller.
Sec. 1956.041. ADMINISTRATIVE PENALTY. (a) The
commission, after notice and an opportunity for a hearing, may
impose an administrative penalty on a person who violates Section
1956.036.
(b) The amount of the administrative penalty may not exceed
$1,000. Each day a violation occurs or continues to occur is a
separate violation for the purpose of imposing a penalty. In
determining the amount of the administrative penalty, the
commission shall consider:
(1) the seriousness of the violation, including the
nature, circumstances, extent, and gravity of the violation;
(2) the economic harm caused by the violation;
(3) the history of previous violations;
(4) the amount necessary to deter a future violation;
(5) efforts to correct the violation; and
(6) any other matter that justice may require.
(c) The enforcement of the administrative penalty may be
stayed during the time the order is under judicial review if the
person pays the penalty to the clerk of the court or files a
supersedeas bond with the court in the amount of the penalty. A
person who cannot afford to pay the penalty or file the bond may
stay the enforcement by filing an affidavit in the manner required
by the Texas Rules of Civil Procedure for a party who cannot afford
to file security for costs, subject to the right of the commission
to contest the affidavit as provided by those rules.
(d) The attorney general may sue to collect the
administrative penalty.
(e) A proceeding to impose an administrative penalty is
considered to be a contested case under Chapter 2001, Government
Code.
SECTION 7. The following provisions of the Occupations Code
are repealed:
(1) Section 1956.036(e); and
(2) Section 1956.038(d).
SECTION 8. Section 1956.041, Occupations Code, as added by
this Act, applies only to a violation of Section 1956.036,
Occupations Code, as amended by this Act, committed on or after the
effective date of this Act. A violation committed before the
effective date of this Act is governed by the law in effect on the
date the violation was committed, and the former law is continued in
effect for that purpose.
SECTION 9. This Act takes effect September 1, 2015.