Texas 2015 - 84th Regular

Texas House Bill HB3505 Compare Versions

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

Old	New	Differences
1	1	By: Longoria H.B. No. 3505
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the regulation of crafted precious metal dealers.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 1956.051(3), Occupations Code, is
9	9	amended to read as follows:
10	10	(3) "Crafted precious metal" means jewelry,
11	11	silverware, an art object, or another object, made wholly or partly
12	12	from precious metal, that is selling at less than 105 percent of the
13	13	scrap value of the object, other than a coin, a bar, or a
14	14	commemorative medallion[, or scrap or a broken item selling at five
15	15	percent or more than the scrap value of the item].
16	16	SECTION 2. Section 1956.0613, Occupations Code, is amended
17	17	to read as follows:
18	18	Sec. 1956.0613. INVESTIGATION BY COMMISSIONER; INSPECTION
19	19	OF RECORDS. (a) The commissioner shall:
20	20	(1) monitor the operations of a dealer to ensure
21	21	compliance with this subchapter [chapter]; and
22	22	(2) receive and investigate complaints against a
23	23	dealer or a person acting as a dealer.
24	24	(b) If the commissioner receives a written complaint
25	25	regarding a violation of this subchapter by a person, or has
26	26	reasonable cause to believe that a person is violating this
27	27	subchapter, the commissioner or the commissioner's authorized
28	28	representative may inspect any record, account, paper, book, or
29	29	correspondence of the person, regardless of whether the person is
30	30	registered as a dealer.
31	31	(c) The commissioner or the commissioner's authorized
32	32	representative may take statements under oath in an investigation
33	33	of a matter under this subchapter.
34	34	SECTION 3. Section 1956.063, Occupations Code, is amended
35	35	by amending Subsections (c) and (d) and adding Subsection (c-1) to
36	36	read as follows:
37	37	(c) For each transaction regulated by this subchapter, the
38	38	dealer shall submit a report on a preprinted and prenumbered form
39	39	prescribed by the commissioner or in the manner described by
40	40	Subsection (c-1). The form must include the following:
41	41	(1) the date of the transaction;
42	42	(2) a description of the crafted precious metal
43	43	purchased by the dealer;
44	44	(3) the name and physical address of the dealer; and
45	45	(4) the name, physical description, and physical
46	46	address of the seller or transferor.
47	47	(c-1) A dealer may submit a list required by Section
48	48	1956.062(b) in satisfaction of the reporting requirement of this
49	49	section if the list contains the information described by
50	50	Subsection (c).
51	51	(d) The dealer shall retain a copy of the report until the
52	52	later of:
53	53	(1) the second anniversary of the date the dealer
54	54	sells or otherwise disposes of the crafted precious metal purchased
55	55	by the dealer; or
56	56	(2) the third anniversary of the date the report is
57	57	filed.
58	58	SECTION 4. Sections 1956.064(b) and (c), Occupations Code,
59	59	are amended to read as follows:
60	60	(b) A peace officer who has reasonable suspicion to believe
61	61	that an item of crafted precious metal in the possession of a
62	62	dealer, or in the possession of another person on behalf of the
63	63	dealer, is stolen may place the item on hold for a period not to
64	64	exceed 60 days by issuing to the dealer or other person a written
65	65	notice that:
66	66	(1) specifically identifies the item alleged to be
67	67	stolen and subject to the hold; and
68	68	(2) informs the dealer or other person of the
69	69	requirements of Subsection (c).
70	70	(c) On receiving the notice, the dealer or other person may
71	71	not melt, deface, alter, or dispose of the identified crafted
72	72	precious metal until the hold is released in writing by a peace
73	73	officer of this state or a court order.
74	74	SECTION 5. Section 14.201, Finance Code, is amended to read
75	75	as follows:
76	76	Sec. 14.201. INVESTIGATION AND ENFORCEMENT AUTHORITY.
77	77	Investigative and enforcement authority under this subchapter
78	78	applies only to:
79	79	(1) Section 339.001;
80	80	(2) [,] this chapter;
81	81	(3) [,] Subtitles B and C, [of] Title 4;
82	82	(4) [,] Chapter 393 with respect to a credit access
83	83	business;
84	84	(5) [, and] Chapter 394; and
85	85	(6) Subchapter B, Chapter 1956, Occupations Code.
86	86	SECTION 6. Section 1956.063(d), Occupations Code, as
87	87	amended by this Act, applies to a report filed under Section
88	88	1956.063, Occupa
89	89	tions Code, on or after the effective date of this
90	90	Act.
91	91	SECTION 7. This Act takes effect September 1, 2015.