Texas 2015 - 84th Regular

Texas House Bill HB2210 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R6291 TSR-F
2	2	By: Guillen H.B. No. 2210
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the regulation of metal recycling entities; imposing an
8	8	administrative penalty.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 1956.032, Occupations Code, is amended
11	11	by adding Subsection (a-1) to read as follows:
12	12	(a-1) A person attempting to sell regulated material to a
13	13	metal recycling entity shall sign a written statement provided by
14	14	the metal recycling entity certifying that the person has not
15	15	previously been convicted of an offense:
16	16	(1) under Section 31.03, Penal Code, if the property
17	17	stolen was regulated material; or
18	18	(2) under another law of this state or of another
19	19	jurisdiction involving the sale of regulated material.
20	20	SECTION 2. Section 1956.033(b), Occupations Code, is
21	21	amended to read as follows:
22	22	(b) The record must be in English and include:
23	23	(1) the place and date of the purchase;
24	24	(2) the name and address of the seller in possession of
25	25	the regulated material purchased;
26	26	(3) the identifying number of the seller's personal
27	27	identification document;
28	28	(4) a description made in accordance with the custom
29	29	of the trade of the commodity type and quantity of regulated
30	30	material purchased;
31	31	(5) the information required by Sections
32	32	1956.032(a)(2) and (3) and (a-1);
33	33	(6) as applicable:
34	34	(A) the identifying number of the seller's air
35	35	conditioning and refrigeration contractor license displayed under
36	36	Section 1956.032(a)(4)(A);
37	37	(B) a copy of the seller's air conditioning and
38	38	refrigeration technician registration displayed under Section
39	39	1956.032(a)(4)(B);
40	40	(C) a copy of the documentation described by
41	41	Section 1956.032(a)(4)(C); or
42	42	(D) a copy of the documentation described by
43	43	Section 1956.032(a)(4)(D);
44	44	(7) if applicable, a copy of the documentation
45	45	described by Section 1956.032(a)(5); and
46	46	(8) a copy of the documentation described by Section
47	47	1956.032(g).
48	48	SECTION 3. Section 1956.038, Occupations Code, is amended
49	49	by amending Subsections (a), (b), and (c) and adding Subsection
50	50	(b-1) to read as follows:
51	51	(a) A person may not, with the intent to deceive:
52	52	(1) display to a metal recycling entity a false or
53	53	invalid personal identification document in connection with the
54	54	person's attempted sale of regulated material;
55	55	(2) make a false, material statement or representation
56	56	to a metal recycling entity in connection with:
57	57	(A) that person's execution of a written
58	58	statement required by Sections [Section] 1956.032(a)(3) and (a-1);
59	59	or
60	60	(B) the entity's efforts to obtain the
61	61	information required under Section 1956.033(b);
62	62	(3) display or provide to a metal recycling entity any
63	63	information required under Section 1956.032 that the person knows
64	64	is false or invalid; or
65	65	(4) display another individual's personal
66	66	identification document in connection with the sale of regulated
67	67	material.
68	68	(b) A metal recycling entity may only [not] pay for a
69	69	purchase of regulated material in the manner provided by Section
70	70	1956.0381 [in cash if:
71	71	[(1) the entity does not hold a certificate of
72	72	registration under Subchapter A-2 and, if applicable, a license or
73	73	permit required by a county, municipality, or other political
74	74	subdivision as authorized under Section 1956.003(b); or
75	75	[(2) the entity has been prohibited by the department
76	76	from paying cash under Section 1956.036(e)].
77	77	(b-1) A metal recycling entity may not enter into more than
78	78	one transaction for the purchase of regulated material from the
79	79	same seller in a business day.
80	80	(c) A person may not sell or attempt to sell regulated
81	81	material to a metal recycling entity if the person has been
82	82	previously convicted of an offense:
83	83	(1) under Section 31.03, Penal Code, if the property
84	84	stolen was regulated material; or
85	85	(2) under another law of this state or of another
86	86	jurisdiction involving the sale of regulated material
87	87	[Notwithstanding Section 1956.003(a) or any other law, a county,
88	88	municipality, or other political subdivision may not adopt or
89	89	enforce a rule, charter, or ordinance or issue an order or impose
90	90	standards that limit the use of cash by a metal recycling entity in
91	91	a manner more restrictive than that provided by Subsection (b)].
92	92	SECTION 4. Subchapter A-3, Chapter 1956, Occupations Code,
93	93	is amended by adding Sections 1956.0381 and 1956.041 to read as
94	94	follows:
95	95	Sec. 1956.0381. PAYMENT BY METAL RECYCLING ENTITY. (a)
96	96	Except as provided by Subsection (c), a metal recycling entity may
97	97	only pay for a purchase of regulated material by:
98	98	(1) check;
99	99	(2) money order; or
100	100	(3) direct deposit by electronic funds transfer.
101	101	(b) A metal recycling entity that pays for a purchase of
102	102	regulated material by check or money order shall obtain a digital
103	103	photograph or video recording that accurately depicts:
104	104	(1) the seller's entire face; and
105	105	(2) each type of regulated material purchased.
106	106	(c) For any sale of regulated material to a metal recycling
107	107	entity in which the amount of the transaction is equal to or exceeds
108	108	$25, the metal recycling entity must pay the seller by mailing to
109	109	the address located on the personal identification document
110	110	provided by the seller under Section 1956.032:
111	111	(1) a check or money order made payable to the seller;
112	112	or
113	113	(2) a notice to the seller stating the time after which
114	114	the seller may pick up at the metal recycling entity a check or
115	115	money order made payable to the seller.
116	116	Sec. 1956.041. ADMINISTRATIVE PENALTY. (a) The
117	117	commission, after notice and an opportunity for a hearing, may
118	118	impose an administrative penalty on a person who violates Section
119	119	1956.036.
120	120	(b) The amount of the administrative penalty may not exceed
121	121	$1,000. Each day a violation occurs or continues to occur is a
122	122	separate violation for the purpose of imposing a penalty. In
123	123	determining the amount of the administrative penalty, the
124	124	commission shall consider:
125	125	(1) the seriousness of the violation, including the
126	126	nature, circumstances, extent, and gravity of the violation;
127	127	(2) the economic harm caused by the violation;
128	128	(3) the history of previous violations;
129	129	(4) the amount necessary to deter a future violation;
130	130	(5) efforts to correct the violation; and
131	131	(6) any other matter that justice may require.
132	132	(c) The enforcement of the administrative penalty may be
133	133	stayed during the time the order is under judicial review if the
134	134	person pays the penalty to the clerk of the court or files a
135	135	supersedeas bond with the court in the amount of the penalty. A
136	136	person who cannot afford to pay the penalty or file the bond may
137	137	stay the enforcement by filing an affidavit in the manner required
138	138	by the Texas Rules of Civil Procedure for a party who cannot afford
139	139	to file security for costs, subject to the right of the commission
140	140	to contest the affidavit as provided by those rules.
141	141	(d) The attorney general may sue to collect the
142	142	administrative penalty.
143	143	(e) A proceeding to impose an administrative penalty is
144	144	considered to be a contested case under Chapter 2001, Government
145	145	Code.
146	146	SECTION 5. The following provisions of the Occupations Code
147	147	are repealed:
148	148	(1) Section 1956.036(e); and
149	149	(2) Section 1956.038(d).
150	150	SECTION 6. Section 1956.041, Occupations Code, as added by
151	151	this Act, applies only to a violation of Section 1956.036,
152	152	Occupations Code, as amended by this Act, committed on or after the
153	153	effective date of this Act. A violation committed before the
154	154	effective date of this Act is governed by the law in effect on the
155	155	date the violation was committed, and the former law is continued in
156	156	effect for that purpose.
157	157	SECTION 7. This Act takes effect September 1, 2015.