Texas 2015 - 84th Regular

Texas Senate Bill SB1700 Compare Versions

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

Old	New	Differences
1	1	84R12249 TSR-D
2	2	By: Huffman S.B. No. 1700
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the regulation of crafted precious metal dealers;
8	8	creating a criminal offense.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 1956.001(8), Occupations Code, is
11	11	amended to read as follows:
12	12	(8) "Personal identification document" means:
13	13	(A) a valid driver's license issued by a state in
14	14	the United States;
15	15	(B) a United States military identification
16	16	card; [or]
17	17	(C) a personal identification certificate issued
18	18	by the department under Section 521.101, Transportation Code, or a
19	19	corresponding card or certificate issued by another state;
20	20	(D) a passport; or
21	21	(E) documentation issued by the United States
22	22	agency responsible for citizenship and immigration that authorizes
23	23	the person to be in the United States.
24	24	SECTION 2. Section 1956.062, Occupations Code, is amended
25	25	by amending Subsection (c) and adding Subsection (c-1) to read as
26	26	follows:
27	27	(c) The dealer shall:
28	28	(1) record the identification [proposed seller's
29	29	driver's license] number [or department personal identification
30	30	certificate number on physical presentation] of the seller's
31	31	personal identification document;
32	32	(2) visually verify the accuracy of the seller's
33	33	personal identification document and make a copy of the document;
34	34	(3) obtain a digital photograph that accurately
35	35	depicts each item of crafted precious metal purchased; and
36	36	(4) obtain a digital photograph that accurately
37	37	depicts [license or personal identification certificate by] the
38	38	seller.
39	39	(c-1) The copy of the seller's personal identification
40	40	document and the photographs described by Subsections (c)(3) and
41	41	(4) [record] must accompany the list.
42	42	SECTION 3. Section 1956.064(a), Occupations Code, is
43	43	amended to read as follows:
44	44	(a) A dealer may not melt, deface, alter, or dispose of
45	45	crafted precious metal that is the subject of a report required by
46	46	this subchapter before the 11th day after the date the report is
47	47	filed unless:
48	48	(1) the peace officer to whom the report is submitted,
49	49	for good cause, authorizes disposition of the metal; or
50	50	(2) [the dealer obtains the name, address, and
51	51	description of the buyer and retains a record of that information;
52	52	or
53	53	[(3)] the dealer is a pawnbroker and the disposition
54	54	is the redemption of pledged property by the pledgor.
55	55	SECTION 4. Section 1956.066, Occupations Code, is amended
56	56	to read as follows:
57	57	Sec. 1956.066. PURCHASE FROM MINOR PROHIBITED. [(a)] A
58	58	dealer may not purchase crafted precious metal from a person
59	59	younger than 18 years of age [unless the seller delivers to the
60	60	dealer before the purchase a written statement from the seller's
61	61	parent or legal guardian consenting to the transaction].
62	62	[(b) The dealer shall retain the statement with the records
63	63	required to be kept under this subchapter. The dealer may destroy
64	64	the statement after the later of:
65	65	[(1) the date the item is sold; or
66	66	[(2) the first anniversary of the date the dealer
67	67	purchased the item.]
68	68	SECTION 5. Section 1956.069, Occupations Code, is amended
69	69	to read as follows:
70	70	Sec. 1956.069. CRIMINAL PENALTY. (a) A person commits an
71	71	offense if the person:
72	72	(1) [fails to make or permit inspection of a report as
73	73	required by Section 1956.062 or 1956.063;
74	74	[(2)] violates Section 1956.0612, 1956.062, 1956.063,
75	75	[or] 1956.064, or 1956.065;
76	76	(2) [(3) fails to obtain or retain a statement as
77	77	required by Section 1956.066;
78	78	[(4)] fails to file a registration statement as
79	79	required by Section 1956.067; or
80	80	(3) [(5)] purchases an object in violation of Section
81	81	1956.066 or 1956.068.
82	82	(b) An offense under this section is a Class B misdemeanor,
83	83	except that the offense is:
84	84	(1) a Class A misdemeanor if it is shown on the trial
85	85	of the offense that the defendant has been previously convicted of
86	86	an offense under this section; and
87	87	(2) a state jail felony if it is shown on the trial of
88	88	the offense that the defendant has previously been convicted two or
89	89	more times of an offense under this section.
90	90	SECTION 6. The changes in law made by this Act apply only to
91	91	an offense committed on or after the effective date of this Act. An
92	92	offense committed before the effective date of this Act is governed
93	93	by the law in effect on the date the offense was committed, and the
94	94	former law is continued in effect for that purpose. For purposes of
95	95	this section, an offense was committed before the effective date of
96	96	this Act if any element of the offense occurred before that date.
97	97	SECTION 7. (a) Except as provided by Subsection (b) of this
98	98	section, this Act takes effect September 1, 2015.
99	99	(b) Section 1956.069, Occupations Code, as amended by this
100	100	Act, takes effect December 1, 2015.