| 1 | 1 | | 88R8234 JCG-F |
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| 2 | 2 | | By: Paxton S.B. No. 984 |
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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. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 1956.051(3), Occupations Code, is |
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| 10 | 10 | | amended to read as follows: |
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| 11 | 11 | | (3) "Crafted precious metal" means jewelry, |
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| 12 | 12 | | silverware, an art object, or another object, made wholly or partly |
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| 13 | 13 | | from precious metal and used primarily for personal, family, or |
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| 14 | 14 | | household purposes [purchases]. The term does not include: |
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| 15 | 15 | | (A) a coin; |
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| 16 | 16 | | (B) a bar; |
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| 17 | 17 | | (C) a commemorative medallion; |
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| 18 | 18 | | (D) [an item selling at 105 percent or more of the |
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| 19 | 19 | | scrap value of the item; |
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| 20 | 20 | | [(E)] an item made wholly or partly from precious |
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| 21 | 21 | | metal and used for a dental, pharmaceutical, or medical |
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| 22 | 22 | | application; or |
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| 23 | 23 | | (E) [(F)] an item made wholly or partly from |
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| 24 | 24 | | precious metal extracted, recovered, or salvaged from an industrial |
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| 25 | 25 | | by-product or industrial waste product. |
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| 26 | 26 | | SECTION 2. Section 1956.062(a), Occupations Code, is |
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| 27 | 27 | | amended to read as follows: |
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| 28 | 28 | | (a) A dealer shall, as required by Sections [Section] |
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| 29 | 29 | | 1956.063 and 1956.0635, report all identifiable crafted precious |
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| 30 | 30 | | metal that the dealer purchases, takes in trade, accepts for sale on |
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| 31 | 31 | | consignment, or accepts for auction. |
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| 32 | 32 | | SECTION 3. Subchapter B, Chapter 1956, Occupations Code, is |
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| 33 | 33 | | amended by adding Section 1956.0635 to read as follows: |
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| 34 | 34 | | Sec. 1956.0635. REPORT TO ELECTRONIC DATABASE. (a) In |
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| 35 | 35 | | addition to the report required by Section 1956.063, a dealer shall |
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| 36 | 36 | | report each transaction regulated by this subchapter to an online |
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| 37 | 37 | | database that is: |
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| 38 | 38 | | (1) used by law enforcement agencies to investigate |
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| 39 | 39 | | offenses related to crafted precious metal and other property; and |
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| 40 | 40 | | (2) designated by the department for purposes of this |
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| 41 | 41 | | section. |
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| 42 | 42 | | (b) The department by rule shall designate the database to |
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| 43 | 43 | | which a dealer is required to report under Subsection (a). |
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| 44 | 44 | | SECTION 4. Section 1956.069(a), Occupations Code, is |
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| 45 | 45 | | amended to read as follows: |
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| 46 | 46 | | (a) A person commits an offense if the person: |
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| 47 | 47 | | (1) fails to make or permit inspection of a report as |
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| 48 | 48 | | required by Section 1956.062, [or] 1956.063, or 1956.0635; |
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| 49 | 49 | | (2) violates Section 1956.0612 or 1956.064; |
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| 50 | 50 | | (3) fails to permit inspection of crafted precious |
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| 51 | 51 | | metal as required by Section 1956.065; |
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| 52 | 52 | | (4) fails to obtain or retain a statement as required |
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| 53 | 53 | | by Section 1956.066; |
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| 54 | 54 | | (5) [(4)] fails to file a registration statement as |
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| 55 | 55 | | required by Section 1956.067; or |
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| 56 | 56 | | (6) [(5)] purchases an object in violation of Section |
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| 57 | 57 | | 1956.068. |
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| 58 | 58 | | SECTION 5. Section 1956.0635, Occupations Code, as added by |
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| 59 | 59 | | this Act, applies only to a transaction that occurs on or after |
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| 60 | 60 | | January 1, 2024. |
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| 61 | 61 | | SECTION 6. Section 1956.069(a), Occupations Code, as |
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| 62 | 62 | | amended by this Act, applies only to an offense committed on or |
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| 63 | 63 | | after the effective date of this Act. An offense committed before |
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| 64 | 64 | | the effective date of this Act is governed by the law in effect on |
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| 65 | 65 | | the date the offense was committed, and the former law is continued |
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| 66 | 66 | | in effect for that purpose. For purposes of this section, an |
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| 67 | 67 | | offense was committed before the effective date of this Act if any |
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| 68 | 68 | | element of the offense occurred before that date. |
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| 69 | 69 | | SECTION 7. Not later than December 1, 2023, the Department |
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| 70 | 70 | | of Public Safety by rule shall designate the online database to |
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| 71 | 71 | | which a dealer is required to report under Section 1956.0635, |
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| 72 | 72 | | Occupations Code, as added by this Act. |
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| 73 | 73 | | SECTION 8. This Act takes effect September 1, 2023. |
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