84R12249 TSR-D
By: Huffman S.B. No. 1700
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of crafted precious metal dealers;
creating a criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1956.001(8), Occupations Code, is
amended to read as follows:
(8) "Personal identification document" means:
(A) a valid driver's license issued by a state in
the United States;
(B) a United States military identification
card; [or]
(C) a personal identification certificate issued
by the department under Section 521.101, Transportation Code, or a
corresponding card or certificate issued by another state;
(D) a passport; or
(E) documentation issued by the United States
agency responsible for citizenship and immigration that authorizes
the person to be in the United States.
SECTION 2. Section 1956.062, Occupations Code, is amended
by amending Subsection (c) and adding Subsection (c-1) to read as
follows:
(c) The dealer shall:
(1) record the identification [proposed seller's
driver's license] number [or department personal identification
certificate number on physical presentation] of the seller's
personal identification document;
(2) visually verify the accuracy of the seller's
personal identification document and make a copy of the document;
(3) obtain a digital photograph that accurately
depicts each item of crafted precious metal purchased; and
(4) obtain a digital photograph that accurately
depicts [license or personal identification certificate by] the
seller.
(c-1) The copy of the seller's personal identification
document and the photographs described by Subsections (c)(3) and
(4) [record] must accompany the list.
SECTION 3. Section 1956.064(a), Occupations Code, is
amended to read as follows:
(a) A dealer may not melt, deface, alter, or dispose of
crafted precious metal that is the subject of a report required by
this subchapter before the 11th day after the date the report is
filed unless:
(1) the peace officer to whom the report is submitted,
for good cause, authorizes disposition of the metal; or
(2) [the dealer obtains the name, address, and
description of the buyer and retains a record of that information;
or
[(3)] the dealer is a pawnbroker and the disposition
is the redemption of pledged property by the pledgor.
SECTION 4. Section 1956.066, Occupations Code, is amended
to read as follows:
Sec. 1956.066. PURCHASE FROM MINOR PROHIBITED. [(a)] A
dealer may not purchase crafted precious metal from a person
younger than 18 years of age [unless the seller delivers to the
dealer before the purchase a written statement from the seller's
parent or legal guardian consenting to the transaction].
[(b) The dealer shall retain the statement with the records
required to be kept under this subchapter. The dealer may destroy
the statement after the later of:
[(1) the date the item is sold; or
[(2) the first anniversary of the date the dealer
purchased the item.]
SECTION 5. Section 1956.069, Occupations Code, is amended
to read as follows:
Sec. 1956.069. CRIMINAL PENALTY. (a) A person commits an
offense if the person:
(1) [fails to make or permit inspection of a report as
required by Section 1956.062 or 1956.063;
[(2)] violates Section 1956.0612, 1956.062, 1956.063,
[or] 1956.064, or 1956.065;
(2) [(3) fails to obtain or retain a statement as
required by Section 1956.066;
[(4)] fails to file a registration statement as
required by Section 1956.067; or
(3) [(5)] purchases an object in violation of Section
1956.066 or 1956.068.
(b) An offense under this section is a Class B misdemeanor,
except that the offense is:
(1) a Class A misdemeanor if it is shown on the trial
of the offense that the defendant has been previously convicted of
an offense under this section; and
(2) a state jail felony if it is shown on the trial of
the offense that the defendant has previously been convicted two or
more times of an offense under this section.
SECTION 6. The changes in law made by this Act apply 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 7. (a) Except as provided by Subsection (b) of this
section, this Act takes effect September 1, 2015.
(b) Section 1956.069, Occupations Code, as amended by this
Act, takes effect December 1, 2015.