Texas 2021 - 87th Regular

Texas House Bill HB4110 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 4110
	1	+	By: Leach, et al. (Senate Sponsor - Alvarado) H.B. No. 4110
	2	+	(In the Senate - Received from the House May 17, 2021;
	3	+	May 17, 2021, read first time and referred to Committee on Natural
	4	+	Resources & Economic Development; May 22, 2021, reported
	5	+	adversely, with favorable Committee Substitute by the following
	6	+	vote: Yeas 9, Nays 0; May 22, 2021, sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR H.B. No. 4110 By: Alvarado
2	9
3	10
	11	+	A BILL TO BE ENTITLED
4	12		AN ACT
5	13		relating to the regulation of metal recycling; increasing a
6	14		criminal penalty.
7	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	16		SECTION 1. Section 1956.001, Occupations Code, is amended
9	17		by adding Subdivision (2-a) to read as follows:
10		-	(2-a) "Catalytic converter" includes any material
11		-	~~removed~~ from a catalytic converter.
	18	+	(2-a) "Catalytic converter" includes any material removed
	19	+	from a catalytic converter.
12	20		SECTION 2. Subchapter A-3, Chapter 1956, Occupations Code,
13	21		is amended by adding Section 1956.0321 to read as follows:
14	22		Sec. 1956.0321. ADDITIONAL REQUIREMENTS REGARDING PURCHASE
15	23		OF CATALYTIC CONVERTER. (a) In addition to the requirements of
16	24		Section 1956.032, a person attempting to sell a catalytic converter
17	25		to a metal recycling entity shall provide to the metal recycling
18	26		entity:
19	27		(1) the year, make, model, and vehicle identification
20	28		number for the vehicle from which the catalytic converter was
21	29		removed; and
22	30		(2) a copy of the certificate of title or other
23	31		documentation indicating that the person has an ownership interest
24	32		in the vehicle described by Subdivision (1).
25	33		(b) A metal recycling entity may not purchase a catalytic
26	34		converter from a seller who does not comply with the requirements of
27	35		Subsection (a).
28	36		(c) A metal recycling entity may not purchase a catalytic
29	37		converter unless the entity determines that the catalytic converter
30	38		is consistent with the manufacturer's specifications for a
31	39		catalytic converter from the vehicle for which the seller provided
32	40		information under Subsection (a)(1).
33	41		(d) A metal recycling entity shall mark, in the manner
34	42		prescribed by the commission by rule, each catalytic converter
35	43		purchased by the entity with a unique number.
36	44		(e) A metal recycling entity shall keep an accurate
37	45		electronic record or an accurate and legible written record of each
38	46		purchase of a catalytic converter made in the course of the entity's
39	47		business. The record must be in English and include:
40	48		(1) the information required by Section 1956.033;
41	49		(2) the vehicle information provided under Subsection
42	50		(a)(1);
43	51		(3) a copy of the documentation described by
44	52		Subsection (a)(2); and
45	53		(4) the unique number marked on the catalytic
46	54		converter under Subsection (d).
47	55		SECTION 3. Section 1956.033(b), Occupations Code, is
48	56		amended to read as follows:
49	57		(b) The record must be in English and include:
50	58		(1) the place, date, and amount of the purchase;
51	59		(2) the name and address of the seller in possession of
52	60		the regulated material purchased;
53	61		(3) the identifying number of the seller's personal
54	62		identification document;
55	63		(4) a description made in accordance with the custom
56	64		of the trade of the commodity type and quantity of regulated
57	65		material purchased;
58	66		(5) the information required by Sections
59	67		1956.032(a)(2) and (3);
60	68		(6) as applicable:
61	69		(A) the identifying number of the seller's air
62	70		conditioning and refrigeration contractor license displayed under
63	71		Section 1956.032(a)(4)(A);
64	72		(B) a copy of the seller's air conditioning and
65	73		refrigeration technician registration displayed under Section
66	74		1956.032(a)(4)(B);
67	75		(C) a copy of the documentation described by
68	76		Section 1956.032(a)(4)(C); or
69	77		(D) a copy of the documentation described by
70	78		Section 1956.032(a)(4)(D);
71	79		(7) if applicable, a copy of the documentation
72	80		described by Section 1956.032(a)(5);
73	81		(8) a copy of the documentation described by Section
74	82		1956.032(g); [and]
75	83		(9) a copy of the documentation described by Section
76	84		1956.0381(b); and
77	85		(10) if the regulated material purchased is a
78	86		catalytic converter, a clear and legible thumbprint of the seller
79	87		unless the seller presents to the metal recycling entity a valid
80	88		cash transaction card issued under Section 1956.0382.
81	89		SECTION 4. Section 1956.034, Occupations Code, is amended
82	90		to read as follows:
83	91		Sec. 1956.034. PRESERVATION OF RECORDS. A metal recycling
84	92		entity shall preserve each record required by Sections 1956.032,
85	93		1956.0321, and 1956.033 until the second anniversary of the date
86	94		the record was made. The records must be kept in an easily
87	95		retrievable format and must be available for inspection as provided
88	96		by Section 1956.035 not later than 72 hours after the time of
89	97		purchase.
90	98		SECTION 5. Section 1956.035(a), Occupations Code, is
91	99		amended to read as follows:
92	100		(a) On request, a metal recycling entity shall permit a
93	101		peace officer of this state, a representative of the department, or
94	102		a representative of a county, municipality, or other political
95	103		subdivision that issues a license or permit under Section
96	104		1956.003(b) to inspect, during the entity's usual business hours:
97	105		(1) a record required by Section 1956.0321 or
98	106		1956.033;
99	107		(2) a digital photograph or video recording required
100	108		by Section 1956.0331;
101	109		(3) regulated material in the entity's possession; or
102	110		(4) an application for a cash transaction card
103	111		submitted to the entity.
104	112		SECTION 6. Section 1956.036(a), Occupations Code, is
105	113		amended to read as follows:
106	114		(a) Except as provided by Subsections (b) and (d), not later
107	115		than the close of business on a metal recycling entity's second
108	116		working day after the date of the purchase or other acquisition of
109	117		material for which a record is required under Section 1956.0321 or
110	118		1956.033, the entity shall send an electronic transaction report to
111	119		the department via the department's Internet website. Except as
112	120		provided by Subsection (d-1), the report must contain the
113	121		information required to be recorded under Sections 1956.0321 and
114	122		[Section] 1956.033.
115	123		SECTION 7. Section 1956.037(a), Occupations Code, is
116	124		amended to read as follows:
117	125		(a) A metal recycling entity may not dispose of, process,
118	126		sell, or remove from the premises an item of regulated metal unless:
119	127		(1) the entity acquired the item more than:
120	128		(A) eight days, excluding weekends and holidays,
121	129		before the disposal, processing, sale, or removal, if the item is a
122	130		cemetery vase, receptacle, or memorial made from a regulated
123	131		material other than aluminum material;
124	132		(B) five days, excluding weekends and holidays,
125	133		before the disposal, processing, sale, or removal, if the item is a
126	134		catalytic converter; or
127	135		(C) [(B)] 72 hours, excluding weekends and
128	136		holidays, before the disposal, processing, sale, or removal, if the
129	137		item is not an item described by Paragraph (A) or (B); or
130	138		(2) the entity purchased the item from a
131	139		manufacturing, industrial, commercial, retail, or other seller
132	140		that sells regulated material in the ordinary course of its
133	141		business.
134	142		SECTION 8. Section 1956.040, Occupations Code, is amended
135	143		by amending Subsections (a) and (b-1) and adding Subsection (b-2)
136	144		to read as follows:
137	145		(a) A person commits an offense if the person knowingly
138	146		violates Section 1956.038. Except as otherwise provided by this
139	147		subsection, an [An] offense under this subsection is a Class A
140	148		misdemeanor unless it is shown on trial of the offense that the
141	149		person has previously been convicted of a violation of this
142	150		subchapter, in which event the offense is a state jail felony. An
143	151		offense under this subsection involving a catalytic converter is a
144	152		state jail felony unless it is shown on trial of the offense that
145	153		the person has previously been convicted of a violation of this
146	154		subchapter involving a catalytic converter, in which event the
147	155		offense is a felony of the third degree.
148	156		(b-1) Except as otherwise provided by Subsection (b-2), an
149	157		[An] offense under Subsection (b) is a Class A misdemeanor unless it
150	158		is shown on trial of the offense that the person has previously been
151	159		convicted under Subsection (b), in which event the offense is a
152	160		state jail felony.
153	161		(b-2) An offense under Subsection (b)(1) in which the
154	162		regulated material purchased was a catalytic converter is a state
155	163		jail felony unless it is shown on trial of the offense that the
156	164		person has previously been convicted of an offense under Subsection
157	165		(b)(1) in which the regulated material purchased was a catalytic
158	166		converter, in which event the offense is a felony of the third
159	167		degree.
160	168		SECTION 9. Subchapter A, Chapter 2305, Occupations Code, is
161	169		amended by adding Section 2305.0051 to read as follows:
162	170		Sec. 2305.0051. RECORDS RELATED TO CATALYTIC CONVERTERS.
163	171		(a) The owner of a garage or repair shop that sells to a metal
164	172		recycling entity registered under Chapter 1956 a catalytic
165	173		converter that the person removed in connection with a motor
166	174		vehicle repair shall maintain a record of all repairs for the
167	175		vehicle that includes:
168	176		(1) the name and address of the vehicle's owner; and
169	177		(2) copies of all related invoices.
170	178		(b) Notwithstanding Section 2305.006(a), a record required
171	179		by this section shall be kept until at least the second anniversary
172	180		of the date of the repair.
173	181		SECTION 10. The change in law made by this Act applies only
174	182		to an offense committed on or after the effective date of this Act.
175	183		An offense committed before the effective date of this Act is
176	184		governed by the law in effect on the date the offense was committed,
177	185		and the former law is continued in effect for that purpose. For
178	186		purposes of this section, an offense was committed before the
179	187		effective date of this Act if any element of the offense occurred
180	188		before that date.
181	189		SECTION 11. This Act takes effect September 1, 2021.
182		-	______________________________ ______________________________
183		-	President of the Senate Speaker of the House
184		-	I certify that H.B. No. 4110 was passed by the House on May
185		-	14, 2021, by the following vote: Yeas 116, Nays 28, 2 present, not
186		-	voting; and that the House concurred in Senate amendments to H.B.
187		-	No. 4110 on May 28, 2021, by the following vote: Yeas 118, Nays 27,
188		-	1 present, not voting.
189		-	______________________________
190		-	Chief Clerk of the House
191		-	I certify that H.B. No. 4110 was passed by the Senate, with
192		-	amendments, on May 25, 2021, by the following vote: Yeas 31, Nays
193		-	0.
194		-	______________________________
195		-	Secretary of the Senate
196		-	APPROVED: __________________
197		-	Date
198		-	__________________
199		-	Governor
	190	+	* * * * *