Texas 2021 - 87th Regular

Texas Senate Bill SB1132 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 1132
	1	+	87R21672 MAW-F
	2	+	By: Johnson, et al. S.B. No. 1132
	3	+	(Turner of Dallas)
	4	+	Substitute the following for S.B. No. 1132: No.
2	5
3	6
	7	+	A BILL TO BE ENTITLED
4	8		AN ACT
5	9		relating to the regulation of crafted precious metal dealers;
6	10		authorizing the change of a fee.
7	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	12		SECTION 1. Section 1956.051, Occupations Code, is amended
9	13		by amending Subdivision (3) and adding Subdivision (5-a) to read as
10	14		follows:
11	15		(3) "Crafted precious metal" means jewelry,
12	16		silverware, an art object, or another object, made wholly or partly
13	17		from precious metal and used primarily for personal, family, or
14	18		household purchases. The term does not include:
15	19		(A) [, other than] a coin;
16	20		(B) [,] a bar;
17	21		(C) [,] a commemorative medallion;
18	22		(D) an item selling at 105 percent or more of[, or
19	23		scrap or a broken item selling at five percent or more than] the
20	24		scrap value of the item;
21	25		(E) an item made wholly or partly from precious
22	26		metal and used for a dental, pharmaceutical, or medical
23	27		application; or
24	28		(F) an item made wholly or partly from precious
25	29		metal extracted, recovered, or salvaged from an industrial
26	30		by-product or industrial waste product.
27	31		(5-a) "Jewelry store" means a retail establishment
28	32		that derives 75 percent or more of its annual revenue from the sale
29	33		to consumers of crafted precious metal or other items of personal
30	34		adornment, including watches, bracelets, necklaces, brooches,
31	35		rings, and earrings.
32	36		SECTION 2. Section 1956.0612(c), Occupations Code, is
33	37		amended to read as follows:
34	38		(c) The commissioner shall prescribe the processing fee in
35	39		an amount necessary to cover the costs of administering this
36	40		subchapter [section].
37	41		SECTION 3. Section 1956.0613, Occupations Code, is amended
38	42		to read as follows:
39	43		Sec. 1956.0613. INVESTIGATION BY COMMISSIONER. The
40	44		commissioner shall:
41	45		(1) monitor the operations of a dealer to ensure
42	46		compliance with this subchapter [chapter]; and
43	47		(2) receive and investigate complaints against a
44	48		dealer or a person acting as a dealer.
45	49		SECTION 4. Subchapter B, Chapter 1956, Occupations Code, is
46	50		amended by adding Section 1956.06131 to read as follows:
47	51		Sec. 1956.06131. EXAMINATION BY COMMISSIONER. (a) At the
48	52		times the commissioner considers necessary, the commissioner or the
49	53		commissioner's representative may:
50	54		(1) examine each place of business of each dealer; and
51	55		(2) investigate the dealer's transactions and records,
52	56		including books, accounts, papers, and correspondence, to the
53	57		extent the transactions and records pertain to the business
54	58		regulated under this subchapter.
55	59		(b) A dealer shall:
56	60		(1) give the commissioner or the commissioner's
57	61		representative free access to the dealer's office, place of
58	62		business, files, safes, and vaults; and
59	63		(2) allow the commissioner or the representative to
60	64		make a copy of an item that may be investigated under Subsection
61	65		(a)(2).
62	66		(c) The commissioner or the commissioner's representative
63	67		shall examine under Subsection (a) at least 10 dealers each
64	68		calendar year.
65	69		(d) This section does not apply with respect to a jewelry
66	70		store.
67	71		SECTION 5. Subchapter B, Chapter 1956, Occupations Code, is
68	72		amended by adding Section 1956.0616 to read as follows:
69	73		Sec. 1956.0616. NOTICE OF ENFORCEMENT ORDER. (a) As soon
70	74		as practicable after an enforcement order against a dealer for a
71	75		violation of this subchapter becomes final, including an order
72	76		assessing an administrative penalty or an order to pay restitution
73	77		under Section 14.251(b)(3), Finance Code, the commissioner shall
74	78		provide notice of the order to:
75	79		(1) the chief of police of the municipality in which
76	80		the violation occurred; or
77	81		(2) the sheriff of the county in which the violation
78	82		occurred, if the violation did not occur in a municipality.
79	83		(b) The notice must include:
80	84		(1) a copy of the enforcement order;
81	85		(2) the information on complaint procedures described
82	86		by Section 14.062(b), Finance Code; and
83	87		(3) any other information the commissioner considers
84	88		necessary or proper to the enforcement of this subchapter.
85	89		SECTION 6. Sections 1956.052, 1956.053, and 1956.054,
86	90		Occupations Code, are repealed.
87	91		SECTION 7. (a) Except as provided by Subsection (b) of this
88	92		section, this Act takes effect September 1, 2021.
89	93		(b) Section 1956.06131, Occupations Code, as added by this
90	94		Act, takes effect January 1, 2022.
91		-	______________________________ ______________________________
92		-	President of the Senate Speaker of the House
93		-	I hereby certify that S.B. No. 1132 passed the Senate on
94		-	April 13, 2021, by the following vote: Yeas 31, Nays 0; and that
95		-	the Senate concurred in House amendment on May 28, 2021, by the
96		-	following vote: Yeas 31, Nays 0.
97		-	______________________________
98		-	Secretary of the Senate
99		-	I hereby certify that S.B. No. 1132 passed the House, with
100		-	amendment, on May 23, 2021, by the following vote: Yeas 126,
101		-	Nays 19, two present not voting.
102		-	______________________________
103		-	Chief Clerk of the House
104		-	Approved:
105		-	______________________________
106		-	Date
107		-	______________________________
108		-	Governor