Texas 2015 - 84th Regular

Texas House Bill HB4090 Compare Versions

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

Old	New	Differences
1	1	84R11878 TSR-F
2	2	By: Johnson H.B. No. 4090
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; creating a criminal offense.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 1956.001, Occupations Code, is amended
11	11	by adding Subdivisions (6-a) and (6-b) to read as follows:
12	12	(6-a) "Explosive component" means any component of an
13	13	explosive weapon containing or consisting of regulated material,
14	14	including exploded or disassembled ammunition, munitions, shell
15	15	casings, spin or fin stabilized projectiles, and shrapnel. The
16	16	term does not include pellet ammunition, shotgun ammunition, or
17	17	ammunition of .50 caliber or less that does not contain explosive
18	18	powder.
19	19	(6-b) "Explosive weapon" means any explosive or
20	20	incendiary device that is designed, made, or adapted for the
21	21	purpose of inflicting serious bodily injury, death, or substantial
22	22	property damage, or for the principal purpose of causing such a loud
23	23	report as to cause undue public alarm or terror, including an
24	24	explosive or incendiary bomb, grenade, rocket, or mine, or a device
25	25	designed, made, or adapted for delivering or shooting an explosive
26	26	or incendiary device or starting a fire in a time-delayed manner.
27	27	The term includes exploded or unexploded ammunition, munition,
28	28	blasting caps, anti-tank rounds, ordnances, or projectiles. The
29	29	term does not include pellet ammunition, shotgun ammunition, or
30	30	ammunition of .50 caliber or less that does not contain explosive
31	31	powder.
32	32	SECTION 2. Section 1956.015(a), Occupations Code, is
33	33	amended to read as follows:
34	34	(a) The department shall establish a statewide electronic
35	35	reporting system to track the sales of regulated metal reported to
36	36	the department under Section 1956.036. The department shall use
37	37	the system to track the sale or attempted sale of an explosive
38	38	weapon or an explosive component reported to the department under
39	39	Section 1956.036(f).
40	40	SECTION 3. Section 1956.036, Occupations Code, is amended
41	41	by adding Subsection (f) to read as follows:
42	42	(f) A metal recycling entity shall report to the department
43	43	by telephone, by e-mail, or through the department's Internet
44	44	website each sale or attempted sale to the entity of an explosive
45	45	weapon or explosive component as soon as possible after the sale or
46	46	attempted sale, but not later than the close of business on the
47	47	entity's first working day after the date of the sale or attempted
48	48	sale.
49	49	SECTION 4. Section 1956.040, Occupations Code, is amended
50	50	by adding Subsections (c-1), (c-2), (c-3), (c-4), (c-5), and (d-1)
51	51	to read as follows:
52	52	(c-1) A person commits an offense if the person knowingly
53	53	sells to a metal recycling entity:
54	54	(1) an explosive component; or
55	55	(2) an explosive weapon.
56	56	(c-2) A metal recycling entity commits an offense if the
57	57	entity knowingly buys:
58	58	(1) an explosive component; or
59	59	(2) an explosive weapon.
60	60	(c-3) Except as provided by Subsection (c-5), an offense
61	61	under Subsection (c-1)(1) or (c-2)(1) is a Class A misdemeanor.
62	62	Except as provided by Subsection (c-5), an offense under Subsection
63	63	(c-1)(2) or (c-2)(2) is a felony of the third degree.
64	64	(c-4) A metal recycling entity commits an offense if the
65	65	entity knowingly stores or allows to be stored on the entity's
66	66	premises an explosive component or explosive weapon. Except as
67	67	provided by Subsection (c-5), an offense under this subsection is a
68	68	Class A misdemeanor.
69	69	(c-5) An offense under Subsection (c-1), (c-2), or (c-4) is
70	70	a felony of the second degree if it is shown at the trial of the
71	71	offense that a person suffered death or serious bodily injury, as
72	72	defined by Section 1.07, Penal Code, as a result of the detonation
73	73	of an explosive component or explosive weapon.
74	74	(d-1) On conviction of an offense under Subsection (c-1),
75	75	(c-2), or (c-4), the court may order the defendant to make
76	76	restitution to:
77	77	(1) the state or a political subdivision of the state
78	78	for the costs incurred by the state or subdivision for responding to
79	79	an offense and any removal, cleaning, sanitizing, demolition,
80	80	reconstruction, or other treatment required as a result of the
81	81	offense; and
82	82	(2) the owner of any property damaged as a result of
83	83	the offense.
84	84	SECTION 5. Subchapter A-3, Chapter 1956, Occupations Code,
85	85	is amended by adding Section 1956.041 to read as follows:
86	86	Sec. 1956.041. ADMINISTRATIVE PENALTY. (a) The
87	87	commission, after notice and an opportunity for a hearing, may
88	88	impose an administrative penalty on a person who violates this
89	89	subchapter or Subchapter A-2 or a rule or order of the commission
90	90	under this chapter.
91	91	(b) The amount of the administrative penalty may not exceed
92	92	$1,000 for each violation. The aggregate penalty for multiple
93	93	violations may not exceed $10,000. Each day a violation occurs or
94	94	continues to occur is a separate violation for the purpose of
95	95	imposing a penalty. In determining the amount of the
96	96	administrative penalty, the commission shall consider:
97	97	(1) the seriousness of the violation, including the
98	98	nature, circumstances, extent, and gravity of the violation;
99	99	(2) the economic harm caused by the violation;
100	100	(3) the history of previous violations;
101	101	(4) the amount necessary to deter a future violation;
102	102	(5) efforts to correct the violation; and
103	103	(6) any other matter that justice may require.
104	104	(c) The commission by rule shall adopt a standardized
105	105	penalty schedule for a violation based on the criteria listed in
106	106	Subsection (b).
107	107	(d) The enforcement of the administrative penalty may be
108	108	stayed during the time the order is under judicial review if the
109	109	person pays the penalty to the clerk of the court or files a
110	110	supersedeas bond with the court in the amount of the penalty. A
111	111	person who cannot afford to pay the penalty or file the bond may
112	112	stay the enforcement by filing an affidavit in the manner required
113	113	by the Texas Rules of Civil Procedure for a party who cannot afford
114	114	to file security for costs, subject to the right of the commission
115	115	to contest the affidavit as provided by those rules.
116	116	(e) The attorney general may sue to collect the
117	117	administrative penalty.
118	118	(f) A proceeding to impose an administrative penalty is
119	119	considered to be a contested case under Chapter 2001, Government
120	120	Code.
121	121	(g) An administrative penalty collected under this section
122	122	shall be deposited in a special account in the general revenue fund
123	123	and may be appropriated only to the department.
124	124	SECTION 6. Section 1956.041, Occupations Code, as added by
125	125	this Act, applies only to a violation committed on or after the
126	126	effective date of this Act. A violation committed before the
127	127	effective date of this Act is governed by the law in effect on the
128	128	date the violation was committed, and the former law is continued in
129	129	effect for that purpose.
130	130	SECTION 7. This Act takes effect September 1, 2015.