89R799 JCG-F
By: Lopez of Cameron H.B. No. 1120
A BILL TO BE ENTITLED
AN ACT
relating to the purchase or acquisition by metal recycling entities
of catalytic converters removed from a motor vehicle; imposing an
administrative penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1956.0321(c), Occupations Code, is
amended to read as follows:
(c) A metal recycling entity may not purchase a catalytic
converter unless the entity:
(1) determines that the catalytic converter is
consistent with the manufacturer's specifications for a catalytic
converter from the vehicle for which the seller provided
information under Subsection (a)(1); and
(2) enters the vehicle identification number provided
by the seller under Subsection (a)(1) into the National Highway
Traffic Safety Administration's VIN Decoder, or successor
database, and verifies that the vehicle year, make, and model
retrieved from the database with respect to that vehicle
identification number are the same as the vehicle year, make, and
model provided by the seller.
SECTION 2. Subchapter C-1, Chapter 1956, Occupations Code,
is amended by adding Section 1956.1235 to read as follows:
Sec. 1956.1235. SELLER'S DUTY TO PROVIDE CERTAIN
INFORMATION; PURCHASER'S DUTY TO VERIFY. (a) In a transaction to
which this subchapter applies, the seller shall provide to the
metal recycling entity the year, make, model, and vehicle
identification number for the vehicle from which the catalytic
converter was removed.
(b) The metal recycling entity may not purchase or otherwise
acquire the catalytic converter unless the entity enters the
vehicle identification number provided by the seller under
Subsection (a) into the National Highway Traffic Safety
Administration's VIN Decoder, or successor database, and verifies
that the vehicle year, make, and model retrieved from the database
with respect to that vehicle identification number are the same as
the vehicle year, make, and model provided by the seller.
SECTION 3. Section 1956.124(b), Occupations Code, is
amended to read as follows:
(b) A record meets the requirements of Subsection (a) if it
contains:
(1) the year, make, model, and vehicle identification
number for the vehicle from which each purchased or otherwise
acquired catalytic converter was removed [a description made in
accordance with the custom of the trade for the volume of catalytic
converters purchased or otherwise acquired];
(2) the business name of the person from whom each
[the] catalytic converter was [converters were] purchased or
otherwise acquired; and
(3) the date of the transaction.
SECTION 4. Section 1956.128(a), Occupations Code, is
amended to read as follows:
(a) The commission may impose an administrative penalty
under Subchapter R, Chapter 411, Government Code, on a metal
recycling entity that:
(1) violates Section 1956.123 due to the entity's
failure to exercise due diligence in purchasing or acquiring a
catalytic converter removed from a motor vehicle; [or]
(2) violates Section 1956.1235; or
(3) violates Section 1956.124.
SECTION 5. Section 1956.124, Occupations Code, as amended
by this Act, applies only to an offense committed on or after the
effective date of this Act. An offense committed before the
effective date of this Act is governed by the law in effect on the
date the offense was committed, and the former law is continued in
effect for that purpose. For purposes of this section, an offense
was committed before the effective date of this Act if any element
of the offense occurred before that date.
SECTION 6. Section 1956.128, Occupations Code, as amended
by this Act, applies only to conduct that occurs on or after the
effective date of this Act. Conduct that occurs before the
effective date of this Act is governed by the law in effect on the
date the conduct occurred, and the former law is continued in effect
for that purpose.
SECTION 7. This Act takes effect September 1, 2025.