86R13830 GRM-D
By: Hughes S.B. No. 2382
A BILL TO BE ENTITLED
AN ACT
relating to sale of returnable containers; creating a criminal
offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Chapter 204, Business & Commerce
Code, is amended to read as follows:
CHAPTER 204. SALE OF RETURNABLE [PLASTIC BULK MERCHANDISE]
CONTAINER
SECTION 2. Section 204.001, Business & Commerce Code, is
amended to read as follows:
Sec. 204.001. DEFINITIONS. In this chapter:
(1) ["Plastic bulk merchandise container" means a
plastic crate or shell used by a product producer, distributor, or
retailer for the bulk transportation or storage of retail
containers of milk, eggs, or bottled beverage products.
[(2)] "Proof of ownership" includes a bill of
sale or other evidence showing that an item has been sold to the
person possessing the item.
(2) "Returnable container" means a device made of any
material that is used to hold, contain, or convert goods into a
package and is suitable for repeated use. The term includes
baskets, trays, or other containers used by a product producer,
distributor, or retailer for the transportation or storage of
goods.
SECTION 3. The heading to Section 204.002, Business &
Commerce Code, is amended to read as follows:
Sec. 204.002. REQUIREMENTS APPLICABLE TO SALE OF RETURNABLE
[PLASTIC BULK MERCHANDISE] CONTAINER.
SECTION 4. Sections 204.002(a) and (c), Business & Commerce
Code, are amended to read as follows:
(a) A person who is in the business of recycling, shredding,
or destroying returnable [plastic bulk merchandise] containers,
before purchasing five or more returnable [plastic bulk
merchandise] containers from the same person, shall:
(1) obtain from that person:
(A) proof of ownership for the containers; and
(B) a record that contains:
(i) the name, address, and telephone number
of the person or the person's authorized representative;
(ii) the name and address of the buyer of
the containers or any consignee of the containers;
(iii) a description of the containers,
including the number of the containers to be sold; and
(iv) the date of the transaction; and
(2) verify:
(A) the identity of the individual selling the
containers or representing the seller from a driver's license or
other government-issued identification card that includes the
individual's photograph, and record the verification; or
(B) in a manner determined by the purchaser that
the individual is acting on behalf of a corporation, business,
government, or governmental subdivision or agency.
(c) A person who is in the business of recycling, shredding,
or destroying returnable [plastic bulk merchandise] containers and
who purchases a returnable [plastic bulk merchandise] container
from an individual, unless the person verifies in a manner
determined by the purchaser that the individual is acting on behalf
of a corporation, business, government, or governmental
subdivision or agency:
(1) may not pay for the purchase of any returnable
[plastic bulk merchandise] container with cash; and
(2) shall, for each transaction in which the person
purchases one or more returnable [plastic bulk merchandise]
containers, record the method of payment used to purchase the
containers.
SECTION 5. Section 204.003(a), Business & Commerce Code, is
amended to read as follows:
(a) A person who is in the business of recycling, shredding,
or destroying returnable [plastic bulk merchandise] containers may
not use an artifice to avoid the application of Section 204.002,
including documenting purchases from the same person on the same
day as multiple transactions.
SECTION 6. Sections 204.005(a) and (b), Business & Commerce
Code, are amended to read as follows:
(a) A person who is in the business of recycling, shredding,
or destroying returnable [plastic bulk merchandise] containers who
violates this chapter commits an offense.
(b) Except as provided by Subsection (c), an offense under
this section is a Class C misdemeanor punishable by:
(1) a fine not to exceed $350, if the total purchase
price of the returnable [plastic bulk merchandise] containers to
which the offense relates is less than $1,000; or
(2) a fine not to exceed $700, if the total purchase
price of the returnable [plastic bulk merchandise] containers to
which the offense relates is $1,000 or more.
SECTION 7. 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 8. This Act takes effect September 1, 2019.