Texas 2023 - 88th Regular

Texas House Bill HB2382 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R23366 JCG-F
2	2	By: Thompson of Harris H.B. No. 2382
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the regulation of crafted precious metal.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 1956.051(3), Occupations Code, is
10	10	amended to read as follows:
11	11	(3) "Crafted precious metal" means jewelry,
12	12	silverware, an art object, or another object, made wholly or partly
13	13	from precious metal and used primarily for personal, family, or
14	14	household purposes [purchases]. The term does not include:
15	15	(A) a coin;
16	16	(B) a bar;
17	17	(C) a commemorative medallion;
18	18	(D) [an item selling at 105 percent or more of the
19	19	scrap value of the item;
20	20	[(E)] an item made wholly or partly from precious
21	21	metal and used for a dental, pharmaceutical, or medical
22	22	application; or
23	23	(E) [(F)] an item made wholly or partly from
24	24	precious metal extracted, recovered, or salvaged from an industrial
25	25	by-product or industrial waste product.
26	26	SECTION 2. Section 1956.062(d), Occupations Code, is
27	27	amended to read as follows:
28	28	(d) The dealer shall:
29	29	(1) provide to a peace officer, on demand, the list
30	30	required by Subsection (b); and
31	31	(2) submit [mail or deliver a complete copy of] the
32	32	list to the online database designated under [chief of police or the
33	33	sheriff as provided by] Section 1956.063 not later than 48 hours
34	34	after the list is filed with the dealer.
35	35	SECTION 3. Section 1956.063, Occupations Code, is amended
36	36	by amending Subsections (b) and (c) and adding Subsections (b-1)
37	37	and (b-2) to read as follows:
38	38	(b) Except as provided by Subsection (b-2), a dealer shall
39	39	submit [If a transaction regulated by this subchapter occurs in a
40	40	municipality that maintains a police department, the original and a
41	41	copy of] the report required by this subchapter [shall be
42	42	submitted] to an online database that is:
43	43	(1) used by law enforcement agencies to investigate
44	44	offenses related to crafted precious metal and other property; and
45	45	(2) designated by the commission under Subsection
46	46	(b-1) for purposes of this section [the municipality's chief of
47	47	police. If the transaction does not occur in such a municipality,
48	48	the original and a copy of the report shall be submitted to the
49	49	sheriff of the county in which the transaction occurs].
50	50	(b-1) The commission by rule shall designate the database to
51	51	which a dealer is required to report under Subsection (b).
52	52	(b-2) If the commission determines that no appropriate
53	53	online database exists for submitting reports required by this
54	54	subchapter, the commission by rule shall establish an alternative
55	55	procedure under which dealers are required to submit those reports.
56	56	(c) For each transaction regulated by this subchapter, the
57	57	dealer shall submit a report on a [preprinted and prenumbered] form
58	58	prescribed by the commissioner or in the manner described by
59	59	Subsection (c-1). The form must include the following:
60	60	(1) the date of the transaction;
61	61	(2) a description of the crafted precious metal
62	62	purchased by the dealer;
63	63	(3) the name and physical address of the dealer; and
64	64	(4) the name, physical description, and physical
65	65	address of the seller or transferor.
66	66	SECTION 4. Section 1956.069(a), Occupations Code, is
67	67	amended to read as follows:
68	68	(a) A person commits an offense if the person:
69	69	(1) fails to make or permit inspection of a report as
70	70	required by Section 1956.062 or 1956.063;
71	71	(2) violates Section 1956.0612 or 1956.064;
72	72	(3) fails to permit inspection of crafted precious
73	73	metal as required by Section 1956.065;
74	74	(4) fails to obtain or retain a statement as required
75	75	by Section 1956.066;
76	76	(5) [(4)] fails to file a registration statement as
77	77	required by Section 1956.067; or
78	78	(6) [(5)] purchases an object in violation of Section
79	79	1956.068.
80	80	SECTION 5. Sections 1956.062 and 1956.063, Occupations
81	81	Code, as amended by this Act, apply only to a transaction that
82	82	occurs on or after January 1, 2024.
83	83	SECTION 6. Section 1956.069(a), Occupations Code, as
84	84	amended by this Act, applies only to an offense committed on or
85	85	after the effective date of this Act. An offense committed before
86	86	the effective date of this Act is governed by the law in effect on
87	87	the date the offense was committed, and the former law is continued
88	88	in effect for that purpose. For purposes of this section, an
89	89	offense was committed before the effective date of this Act if any
90	90	element of the offense occurred before that date.
91	91	SECTION 7. Not later than December 1, 2023, the Finance
92	92	Commission of Texas by rule shall designate the online database as
93	93	required by Section 1956.063, Occupations Code, as amended by this
94	94	Act.
95	95	SECTION 8. This Act takes effect September 1, 2023.