Texas 2019 - 86th Regular

Texas House Bill HB4584 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 4584
	1	+	By: Hefner (Senate Sponsor - Hughes) H.B. No. 4584
	2	+	(In the Senate - Received from the House May 6, 2019;
	3	+	May 6, 2019, read first time and referred to Committee on Business &
	4	+	Commerce; May 20, 2019, reported favorably by the following vote:
	5	+	Yeas 9, Nays 0; May 20, 2019, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to sale of returnable containers; creating a criminal
6	12		offense.
7	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	14		SECTION 1. The heading to Chapter 204, Business & Commerce
9	15		Code, is amended to read as follows:
10	16		CHAPTER 204. SALE OF RETURNABLE [PLASTIC BULK MERCHANDISE]
11	17		CONTAINER
12	18		SECTION 2. Section 204.001, Business & Commerce Code, is
13	19		amended to read as follows:
14	20		Sec. 204.001. DEFINITIONS. In this chapter:
15	21		(1) ["Plastic bulk merchandise container" means a
16	22		plastic crate or shell used by a product producer, distributor, or
17	23		retailer for the bulk transportation or storage of retail
18	24		containers of milk, eggs, or bottled beverage products.
19	25		[(2)] "Proof of ownership" includes a bill of
20	26		sale or other evidence showing that an item has been sold to the
21	27		person possessing the item.
22	28		(2) "Returnable container" means a device made of any
23	29		material that is used to hold, contain, or convert goods into a
24	30		package and is suitable for repeated use. The term includes
25	31		baskets, trays, or other containers used by a product producer,
26	32		distributor, or retailer for the transportation or storage of
27	33		goods.
28	34		SECTION 3. The heading to Section 204.002, Business &
29	35		Commerce Code, is amended to read as follows:
30	36		Sec. 204.002. REQUIREMENTS APPLICABLE TO SALE OF RETURNABLE
31	37		[PLASTIC BULK MERCHANDISE] CONTAINER.
32	38		SECTION 4. Sections 204.002(a) and (c), Business & Commerce
33	39		Code, are amended to read as follows:
34	40		(a) A person who is in the business of recycling, shredding,
35	41		or destroying returnable [plastic bulk merchandise] containers,
36	42		before purchasing five or more returnable [plastic bulk
37	43		merchandise] containers from the same person, shall:
38	44		(1) obtain from that person:
39	45		(A) proof of ownership for the containers; and
40	46		(B) a record that contains:
41	47		(i) the name, address, and telephone number
42	48		of the person or the person's authorized representative;
43	49		(ii) the name and address of the buyer of
44	50		the containers or any consignee of the containers;
45	51		(iii) a description of the containers,
46	52		including the number of the containers to be sold; and
47	53		(iv) the date of the transaction; and
48	54		(2) verify:
49	55		(A) the identity of the individual selling the
50	56		containers or representing the seller from a driver's license or
51	57		other government-issued identification card that includes the
52	58		individual's photograph, and record the verification; or
53	59		(B) in a manner determined by the purchaser that
54	60		the individual is acting on behalf of a corporation, business,
55	61		government, or governmental subdivision or agency.
56	62		(c) A person who is in the business of recycling, shredding,
57	63		or destroying returnable [plastic bulk merchandise] containers and
58	64		who purchases a returnable [plastic bulk merchandise] container
59	65		from an individual, unless the person verifies in a manner
60	66		determined by the purchaser that the individual is acting on behalf
61	67		of a corporation, business, government, or governmental
62	68		subdivision or agency:
63	69		(1) may not pay for the purchase of any returnable
64	70		[plastic bulk merchandise] container with cash; and
65	71		(2) shall, for each transaction in which the person
66	72		purchases one or more returnable [plastic bulk merchandise]
67	73		containers, record the method of payment used to purchase the
68	74		containers.
69	75		SECTION 5. Section 204.003(a), Business & Commerce Code, is
70	76		amended to read as follows:
71	77		(a) A person who is in the business of recycling, shredding,
72	78		or destroying returnable [plastic bulk merchandise] containers may
73	79		not use an artifice to avoid the application of Section 204.002,
74	80		including documenting purchases from the same person on the same
75	81		day as multiple transactions.
76	82		SECTION 6. Sections 204.005(a) and (b), Business & Commerce
77	83		Code, are amended to read as follows:
78	84		(a) A person who is in the business of recycling, shredding,
79	85		or destroying returnable [plastic bulk merchandise] containers who
80	86		violates this chapter commits an offense.
81	87		(b) Except as provided by Subsection (c), an offense under
82	88		this section is a Class C misdemeanor punishable by:
83	89		(1) a fine not to exceed $350, if the total purchase
84	90		price of the returnable [plastic bulk merchandise] containers to
85	91		which the offense relates is less than $1,000; or
86	92		(2) a fine not to exceed $700, if the total purchase
87	93		price of the returnable [plastic bulk merchandise] containers to
88	94		which the offense relates is $1,000 or more.
89	95		SECTION 7. The changes in law made by this Act apply only to
90	96		an offense committed on or after the effective date of this Act. An
91	97		offense committed before the effective date of this Act is governed
92	98		by the law in effect on the date the offense was committed, and the
93	99		former law is continued in effect for that purpose. For purposes of
94	100		this section, an offense was committed before the effective date of
95	101		this Act if any element of the offense occurred before that date.
96	102		SECTION 8. This Act takes effect September 1, 2019.
97		-	______________________________ ______________________________
98		-	President of the Senate Speaker of the House
99		-	I certify that H.B. No. 4584 was passed by the House on May 3,
100		-	2019, by the following vote: Yeas 137, Nays 3, 2 present, not
101		-	voting.
102		-	______________________________
103		-	Chief Clerk of the House
104		-	I certify that H.B. No. 4584 was passed by the Senate on May
105		-	22, 2019, by the following vote: Yeas 31, Nays 0.
106		-	______________________________
107		-	Secretary of the Senate
108		-	APPROVED: _____________________
109		-	Date
110		-	_____________________
111		-	Governor
	103	+	* * * * *