Texas 2017 - 85th Regular

Texas Senate Bill SB208 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: West S.B. No. 208
2		-	(Rodriguez of Travis)
	1	+	S.B. No. 208
3	2
4	3
5		-	A BILL TO BE ENTITLED
6	4		AN ACT
7	5		relating to the regulation of metal recycling entities; providing
8	6		an administrative penalty; creating a criminal offense.
9	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	8		SECTION 1. Section 1956.001, Occupations Code, is amended
11	9		by amending Subdivision (6-a) and adding Subdivision (6-b) to read
12	10		as follows:
13	11		(6-a) "Explosive device" means a device or material
14	12		that contains explosive powder, primer, fluid, or gas or a
15	13		detonator. The term does not include:
16	14		(A) a device that is designed, made, or adapted
17	15		for delivering or shooting ammunition of .50 caliber or less and
18	16		that is purchased for personal or security reasons recognized under
19	17		state or federal law;
20	18		(B) a component of a motor vehicle or mechanical
21	19		equipment, including equipment that is used in the exploration or
22	20		production of minerals;
23	21		(C) any type of compressed cylinder that is
24	22		commonly used in a residence or commercial business; or
25	23		(D) any type of scrap metal that is routinely
26	24		purchased in the metal recycling industry and that is not
27	25		associated with military weaponry.
28	26		(6-b) "Lead material" means:
29	27		(A) a commercial grade lead battery, lead-acid
30	28		battery, or spiral cell battery; or
31	29		(B) a material or an item readily identifiable as
32	30		being made of or containing lead.
33	31		SECTION 2. Section 1956.003(c), Occupations Code, is
34	32		amended to read as follows:
35	33		(c) A county, municipality, or political subdivision of
36	34		this state that issues a license or permit to a business as
37	35		authorized under Subsection (b) shall submit to the department in
38	36		the manner required by the department information on each business
39	37		that is issued a license or permit, including inspection reports
40	38		for the business, information regarding violations of this chapter
41	39		by the business, and information regarding disciplinary actions
42	40		initiated against the business.
43	41		SECTION 3. Section 1956.036, Occupations Code, is amended
44	42		by adding Subsection (f) to read as follows:
45	43		(f) A metal recycling entity shall report to the department
46	44		by telephone, by e-mail, or through the department's Internet
47	45		website the entity's possession of an explosive device unknowingly
48	46		purchased or otherwise obtained by the entity not later than the
49	47		close of business on the entity's first working day after the date
50	48		the possession of the device is discovered. A metal recycling
51	49		entity may also report to an appropriate law enforcement authority
52	50		or the nearest military installation the possession of an explosive
53	51		device that the entity unknowingly purchased or otherwise obtained
54	52		so that the explosive device may be removed from the entity or
55	53		disposed of as soon as possible.
56	54		SECTION 4. Section 1956.040, Occupations Code, is amended
57	55		by adding Subsections (c-1), (c-2), (c-3), (c-4), (c-5), and (d-1)
58	56		to read as follows:
59	57		(c-1) A person commits an offense if the person knowingly
60	58		sells an explosive device to a metal recycling entity.
61	59		(c-2) A metal recycling entity commits an offense if the
62	60		entity knowingly buys an explosive device.
63	61		(c-3) Except as provided by Subsection (c-5), an offense
64	62		under Subsection (c-1) or (c-2) is a Class A misdemeanor.
65	63		(c-4) A metal recycling entity commits an offense if the
66	64		entity knowingly stores or allows to be stored on the entity's
67	65		premises an explosive device. Except as provided by Subsection
68	66		(c-5), an offense under this subsection is a Class A misdemeanor.
69	67		For purposes of this subsection, a metal recycling entity is
70	68		considered to store an explosive device on the entity's premises
71	69		beginning not earlier than 72 hours after the time a person presents
72	70		the explosive device to the entity for sale or an attempted sale and
73	71		ending at the time the entity reports the presence of the explosive
74	72		device on the entity's premises to the department. A metal
75	73		recycling entity is not liable under this section for the time it
76	74		takes for the department, a law enforcement agency, or a military
77	75		installation to respond to the entity's report that the entity
78	76		possesses an explosive device.
79	77		(c-5) An offense under Subsection (c-1), (c-2), or (c-4) is
80	78		a felony of the second degree if it is shown at the trial of the
81	79		offense that a person suffered death or serious bodily injury, as
82	80		defined by Section 1.07, Penal Code, as a result of the detonation
83	81		of an explosive device.
84	82		(d-1) On conviction of an offense under Subsection (c-1),
85	83		(c-2), or (c-4), the court may order the defendant to make
86	84		restitution to:
87	85		(1) the state or a political subdivision of the state
88	86		for the costs incurred by the state or subdivision for responding to
89	87		the offense and any removal, cleaning, sanitizing, demolition,
90	88		reconstruction, or other treatment required as a result of the
91	89		offense; and
92	90		(2) the owner of any property damaged as a result of
93	91		the offense.
94	92		SECTION 5. Section 1956.041, Occupations Code, is amended
95	93		by amending Subsections (a) and (b) and adding Subsections (b-1),
96	94		(b-2), and (f) to read as follows:
97	95		(a) The commission, after notice and an opportunity for a
98	96		hearing, may impose an administrative penalty on a person who:
99	97		(1) violates this subchapter or Subchapter A-2 or a
100	98		rule or order of the commission under this chapter; or
101	99		(2) engages in conduct that would constitute an
102	100		offense under Section 1956.040(c-2) or (c-4) [Section 1956.036].
103	101		(b) Except as provided by Subsection (b-1), the [The] amount
104	102		of the administrative penalty may not exceed $1,000. Each day a
105	103		violation occurs or continues to occur is a separate violation for
106	104		the purpose of imposing a penalty under this section. In
107	105		determining the amount of the administrative penalty under this
108	106		section, the commission shall consider:
109	107		(1) the seriousness of the violation, including the
110	108		nature, circumstances, extent, and gravity of the violation;
111	109		(2) the economic harm caused by the violation;
112	110		(3) the history of previous violations;
113	111		(4) the amount necessary to deter a future violation;
114	112		(5) efforts to correct the violation; and
115	113		(6) any other matter that justice may require.
116	114		(b-1) The amount of an administrative penalty for engaging
117	115		in conduct described by Subsection (a)(2) or for a violation of
118	116		Section 1956.036(f) may not exceed $1,000 for each violation. The
119	117		aggregate penalty under this subsection for multiple violations may
120	118		not exceed $10,000.
121	119		(b-2) The commission by rule shall adopt a standardized
122	120		penalty schedule for a violation based on the criteria listed in
123	121		Subsection (b).
124	122		(f) An administrative penalty collected under this section
125	123		shall be deposited in a special account in the general revenue fund
126	124		and may be appropriated only to the department.
127	125		SECTION 6. Section 1956.041, Occupations Code, as amended
128	126		by this Act, applies only to a violation committed on or after the
129	127		effective date of this Act. A violation committed before the
130	128		effective date of this Act is governed by the law in effect on the
131	129		date the violation was committed, and the former law is continued in
132	130		effect for that purpose.
133	131		SECTION 7. This Act takes effect September 1, 2017.
	132	+	______________________________ ______________________________
	133	+	President of the Senate Speaker of the House
	134	+	I hereby certify that S.B. No. 208 passed the Senate on
	135	+	April 18, 2017, by the following vote: Yeas 30, Nays 1.
	136	+	______________________________
	137	+	Secretary of the Senate
	138	+	I hereby certify that S.B. No. 208 passed the House on
	139	+	May 19, 2017, by the following vote: Yeas 141, Nays 3, two
	140	+	present not voting.
	141	+	______________________________
	142	+	Chief Clerk of the House
	143	+	Approved:
	144	+	______________________________
	145	+	Date
	146	+	______________________________
	147	+	Governor