| 1 | 1 | | 87R6490 MAW-F |
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| 2 | 2 | | By: Turner of Dallas H.B. No. 3123 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the regulation of crafted precious metal dealers; |
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| 8 | 8 | | authorizing the change of a fee. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 1956.0612(c), Occupations Code, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | (c) The commissioner shall prescribe the processing fee in |
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| 13 | 13 | | an amount necessary to cover the costs of administering this |
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| 14 | 14 | | subchapter [section]. |
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| 15 | 15 | | SECTION 2. Section 1956.0613, Occupations Code, is amended |
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| 16 | 16 | | to read as follows: |
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| 17 | 17 | | Sec. 1956.0613. INVESTIGATION BY COMMISSIONER. (a) The |
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| 18 | 18 | | commissioner shall: |
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| 19 | 19 | | (1) monitor the operations of a dealer to ensure |
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| 20 | 20 | | compliance with this subchapter [chapter]; and |
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| 21 | 21 | | (2) receive and investigate complaints against a |
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| 22 | 22 | | dealer or a person acting as a dealer. |
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| 23 | 23 | | (b) At the times the commissioner considers necessary, the |
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| 24 | 24 | | commissioner or the commissioner's representative may: |
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| 25 | 25 | | (1) examine each place of business of each dealer; and |
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| 26 | 26 | | (2) investigate the dealer's transactions and records, |
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| 27 | 27 | | including books, accounts, papers, and correspondence, to the |
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| 28 | 28 | | extent the transactions and records pertain to the business |
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| 29 | 29 | | regulated under this subchapter. |
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| 30 | 30 | | (c) A dealer shall: |
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| 31 | 31 | | (1) give the commissioner or the commissioner's |
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| 32 | 32 | | representative free access to the dealer's office, place of |
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| 33 | 33 | | business, files, safes, and vaults; and |
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| 34 | 34 | | (2) allow the commissioner or the representative to |
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| 35 | 35 | | make a copy of an item that may be investigated under Subsection |
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| 36 | 36 | | (b)(2). |
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| 37 | 37 | | (d) The commissioner or the commissioner's representative |
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| 38 | 38 | | shall examine under Subsection (b) at least 10 dealers each |
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| 39 | 39 | | calendar year. |
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| 40 | 40 | | SECTION 3. Subchapter B, Chapter 1956, Occupations Code, is |
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| 41 | 41 | | amended by adding Section 1956.0616 to read as follows: |
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| 42 | 42 | | Sec. 1956.0616. NOTICE OF ENFORCEMENT ORDER. (a) As soon |
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| 43 | 43 | | as practicable after an enforcement order against a dealer for a |
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| 44 | 44 | | violation of this subchapter becomes final, including an order |
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| 45 | 45 | | assessing an administrative penalty or an order to pay restitution |
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| 46 | 46 | | under Section 14.251(b)(3), Finance Code, the commissioner shall |
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| 47 | 47 | | provide notice of the order to: |
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| 48 | 48 | | (1) the chief of police of the municipality in which |
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| 49 | 49 | | the violation occurred; or |
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| 50 | 50 | | (2) the sheriff of the county in which the violation |
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| 51 | 51 | | occurred, if the violation did not occur in a municipality. |
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| 52 | 52 | | (b) The notice must include: |
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| 53 | 53 | | (1) a copy of the enforcement order; |
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| 54 | 54 | | (2) the information on complaint procedures described |
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| 55 | 55 | | by Section 14.062(b), Finance Code; and |
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| 56 | 56 | | (3) any other information the commissioner considers |
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| 57 | 57 | | necessary or proper to the enforcement of this subchapter. |
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| 58 | 58 | | SECTION 4. (a) Except as provided by Subsection (b) of this |
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| 59 | 59 | | section, this Act takes effect September 1, 2021. |
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| 60 | 60 | | (b) Section 1956.0613, Occupations Code, as amended by this |
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| 61 | 61 | | Act, takes effect January 1, 2022. |
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