By: West S.B. No. 208
(Rodriguez of Travis)
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of metal recycling entities; providing
an administrative penalty; creating a criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1956.001, Occupations Code, is amended
by amending Subdivision (6-a) and adding Subdivision (6-b) to read
as follows:
(6-a) "Explosive device" means a device or material
that contains explosive powder, primer, fluid, or gas or a
detonator. The term does not include:
(A) a device that is designed, made, or adapted
for delivering or shooting ammunition of .50 caliber or less and
that is purchased for personal or security reasons recognized under
state or federal law;
(B) a component of a motor vehicle or mechanical
equipment, including equipment that is used in the exploration or
production of minerals;
(C) any type of compressed cylinder that is
commonly used in a residence or commercial business; or
(D) any type of scrap metal that is routinely
purchased in the metal recycling industry and that is not
associated with military weaponry.
(6-b) "Lead material" means:
(A) a commercial grade lead battery, lead-acid
battery, or spiral cell battery; or
(B) a material or an item readily identifiable as
being made of or containing lead.
SECTION 2. Section 1956.003(c), Occupations Code, is
amended to read as follows:
(c) A county, municipality, or political subdivision of
this state that issues a license or permit to a business as
authorized under Subsection (b) shall submit to the department in
the manner required by the department information on each business
that is issued a license or permit, including inspection reports
for the business, information regarding violations of this chapter
by the business, and information regarding disciplinary actions
initiated against the business.
SECTION 3. Section 1956.036, Occupations Code, is amended
by adding Subsection (f) to read as follows:
(f) A metal recycling entity shall report to the department
by telephone, by e-mail, or through the department's Internet
website the entity's possession of an explosive device unknowingly
purchased or otherwise obtained by the entity not later than the
close of business on the entity's first working day after the date
the possession of the device is discovered. A metal recycling
entity may also report to an appropriate law enforcement authority
or the nearest military installation the possession of an explosive
device that the entity unknowingly purchased or otherwise obtained
so that the explosive device may be removed from the entity or
disposed of as soon as possible.
SECTION 4. Section 1956.040, Occupations Code, is amended
by adding Subsections (c-1), (c-2), (c-3), (c-4), (c-5), and (d-1)
to read as follows:
(c-1) A person commits an offense if the person knowingly
sells an explosive device to a metal recycling entity.
(c-2) A metal recycling entity commits an offense if the
entity knowingly buys an explosive device.
(c-3) Except as provided by Subsection (c-5), an offense
under Subsection (c-1) or (c-2) is a Class A misdemeanor.
(c-4) A metal recycling entity commits an offense if the
entity knowingly stores or allows to be stored on the entity's
premises an explosive device. Except as provided by Subsection
(c-5), an offense under this subsection is a Class A misdemeanor.
For purposes of this subsection, a metal recycling entity is
considered to store an explosive device on the entity's premises
beginning not earlier than 72 hours after the time a person presents
the explosive device to the entity for sale or an attempted sale and
ending at the time the entity reports the presence of the explosive
device on the entity's premises to the department. A metal
recycling entity is not liable under this section for the time it
takes for the department, a law enforcement agency, or a military
installation to respond to the entity's report that the entity
possesses an explosive device.
(c-5) An offense under Subsection (c-1), (c-2), or (c-4) is
a felony of the second degree if it is shown at the trial of the
offense that a person suffered death or serious bodily injury, as
defined by Section 1.07, Penal Code, as a result of the detonation
of an explosive device.
(d-1) On conviction of an offense under Subsection (c-1),
(c-2), or (c-4), the court may order the defendant to make
restitution to:
(1) the state or a political subdivision of the state
for the costs incurred by the state or subdivision for responding to
the offense and any removal, cleaning, sanitizing, demolition,
reconstruction, or other treatment required as a result of the
offense; and
(2) the owner of any property damaged as a result of
the offense.
SECTION 5. Section 1956.041, Occupations Code, is amended
by amending Subsections (a) and (b) and adding Subsections (b-1),
(b-2), and (f) to read as follows:
(a) The commission, after notice and an opportunity for a
hearing, may impose an administrative penalty on a person who:
(1) violates this subchapter or Subchapter A-2 or a
rule or order of the commission under this chapter; or
(2) engages in conduct that would constitute an
offense under Section 1956.040(c-2) or (c-4) [Section 1956.036].
(b) Except as provided by Subsection (b-1), the [The] amount
of the administrative penalty may not exceed $1,000. Each day a
violation occurs or continues to occur is a separate violation for
the purpose of imposing a penalty under this section. In
determining the amount of the administrative penalty under this
section, the commission shall consider:
(1) the seriousness of the violation, including the
nature, circumstances, extent, and gravity of the violation;
(2) the economic harm caused by the violation;
(3) the history of previous violations;
(4) the amount necessary to deter a future violation;
(5) efforts to correct the violation; and
(6) any other matter that justice may require.
(b-1) The amount of an administrative penalty for engaging
in conduct described by Subsection (a)(2) or for a violation of
Section 1956.036(f) may not exceed $1,000 for each violation. The
aggregate penalty under this subsection for multiple violations may
not exceed $10,000.
(b-2) The commission by rule shall adopt a standardized
penalty schedule for a violation based on the criteria listed in
Subsection (b).
(f) An administrative penalty collected under this section
shall be deposited in a special account in the general revenue fund
and may be appropriated only to the department.
SECTION 6. Section 1956.041, Occupations Code, as amended
by this Act, applies only to a violation committed on or after the
effective date of this Act. A violation committed before the
effective date of this Act is governed by the law in effect on the
date the violation was committed, and the former law is continued in
effect for that purpose.
SECTION 7. This Act takes effect September 1, 2017.