Texas 2019 - 86th Regular

Texas Senate Bill SB2382 Compare Versions

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

Old	New	Differences
1	1	86R13830 GRM-D
2	2	By: Hughes S.B. No. 2382
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to sale of returnable containers; creating a criminal
8	8	offense.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. The heading to Chapter 204, Business & Commerce
11	11	Code, is amended to read as follows:
12	12	CHAPTER 204. SALE OF RETURNABLE [PLASTIC BULK MERCHANDISE]
13	13	CONTAINER
14	14	SECTION 2. Section 204.001, Business & Commerce Code, is
15	15	amended to read as follows:
16	16	Sec. 204.001. DEFINITIONS. In this chapter:
17	17	(1) ["Plastic bulk merchandise container" means a
18	18	plastic crate or shell used by a product producer, distributor, or
19	19	retailer for the bulk transportation or storage of retail
20	20	containers of milk, eggs, or bottled beverage products.
21	21	[(2)] "Proof of ownership" includes a bill of
22	22	sale or other evidence showing that an item has been sold to the
23	23	person possessing the item.
24	24	(2) "Returnable container" means a device made of any
25	25	material that is used to hold, contain, or convert goods into a
26	26	package and is suitable for repeated use. The term includes
27	27	baskets, trays, or other containers used by a product producer,
28	28	distributor, or retailer for the transportation or storage of
29	29	goods.
30	30	SECTION 3. The heading to Section 204.002, Business &
31	31	Commerce Code, is amended to read as follows:
32	32	Sec. 204.002. REQUIREMENTS APPLICABLE TO SALE OF RETURNABLE
33	33	[PLASTIC BULK MERCHANDISE] CONTAINER.
34	34	SECTION 4. Sections 204.002(a) and (c), Business & Commerce
35	35	Code, are amended to read as follows:
36	36	(a) A person who is in the business of recycling, shredding,
37	37	or destroying returnable [plastic bulk merchandise] containers,
38	38	before purchasing five or more returnable [plastic bulk
39	39	merchandise] containers from the same person, shall:
40	40	(1) obtain from that person:
41	41	(A) proof of ownership for the containers; and
42	42	(B) a record that contains:
43	43	(i) the name, address, and telephone number
44	44	of the person or the person's authorized representative;
45	45	(ii) the name and address of the buyer of
46	46	the containers or any consignee of the containers;
47	47	(iii) a description of the containers,
48	48	including the number of the containers to be sold; and
49	49	(iv) the date of the transaction; and
50	50	(2) verify:
51	51	(A) the identity of the individual selling the
52	52	containers or representing the seller from a driver's license or
53	53	other government-issued identification card that includes the
54	54	individual's photograph, and record the verification; or
55	55	(B) in a manner determined by the purchaser that
56	56	the individual is acting on behalf of a corporation, business,
57	57	government, or governmental subdivision or agency.
58	58	(c) A person who is in the business of recycling, shredding,
59	59	or destroying returnable [plastic bulk merchandise] containers and
60	60	who purchases a returnable [plastic bulk merchandise] container
61	61	from an individual, unless the person verifies in a manner
62	62	determined by the purchaser that the individual is acting on behalf
63	63	of a corporation, business, government, or governmental
64	64	subdivision or agency:
65	65	(1) may not pay for the purchase of any returnable
66	66	[plastic bulk merchandise] container with cash; and
67	67	(2) shall, for each transaction in which the person
68	68	purchases one or more returnable [plastic bulk merchandise]
69	69	containers, record the method of payment used to purchase the
70	70	containers.
71	71	SECTION 5. Section 204.003(a), Business & Commerce Code, is
72	72	amended to read as follows:
73	73	(a) A person who is in the business of recycling, shredding,
74	74	or destroying returnable [plastic bulk merchandise] containers may
75	75	not use an artifice to avoid the application of Section 204.002,
76	76	including documenting purchases from the same person on the same
77	77	day as multiple transactions.
78	78	SECTION 6. Sections 204.005(a) and (b), Business & Commerce
79	79	Code, are amended to read as follows:
80	80	(a) A person who is in the business of recycling, shredding,
81	81	or destroying returnable [plastic bulk merchandise] containers who
82	82	violates this chapter commits an offense.
83	83	(b) Except as provided by Subsection (c), an offense under
84	84	this section is a Class C misdemeanor punishable by:
85	85	(1) a fine not to exceed $350, if the total purchase
86	86	price of the returnable [plastic bulk merchandise] containers to
87	87	which the offense relates is less than $1,000; or
88	88	(2) a fine not to exceed $700, if the total purchase
89	89	price of the returnable [plastic bulk merchandise] containers to
90	90	which the offense relates is $1,000 or more.
91	91	SECTION 7. The changes in law made by this Act apply only to
92	92	an offense committed on or after the effective date of this Act. An
93	93	offense committed before the effective date of this Act is governed
94	94	by the law in effect on the date the offense was committed, and the
95	95	former law is continued in effect for that purpose. For purposes of
96	96	this section, an offense was committed before the effective date of
97	97	this Act if any element of the offense occurred before that date.
98	98	SECTION 8. This Act takes effect September 1, 2019.