Bill Text: TX HB249 | 2011-2012 | 82nd Legislature | Introduced

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Bill Title: Relating to the regulation of metal recycling entities; providing penalties.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2011-02-15 - Referred to Environmental Regulation [HB249 Detail]

Download: Texas-2011-HB249-Introduced.html

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82R1774 MAW-D
By: Fletcher H.B. No. 249

A BILL TO BE ENTITLED
AN ACT
relating to the regulation of metal recycling entities; providing
penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1956.001(10), Occupations Code, is
amended to read as follows:
(10) "Regulated metal" means:
(A) manhole covers;
(B) guardrails;
(C) metal cylinders designed to contain
compressed air, oxygen, gases, or liquids;
(D) beer kegs made from metal other than
aluminum;
(E) historical markers or cemetery vases,
receptacles, or memorials made from metal other than aluminum;
(F) unused rebar;
(G) street signs;
(H) drain gates;
(I) safes;
(J) communication, transmission, and service
wire or cable;
(K) condensing or evaporator coils for heating or
air conditioning units;
(L) utility structures, including the fixtures
and hardware;
(M) aluminum or stainless steel containers
designed to hold propane for fueling forklifts; [and]
(N) metal railroad equipment, including tie
plates, signal houses, control boxes, signs, signals, traffic
devices, traffic control devices, traffic control signals, switch
plates, e-clips, and rail tie functions;
(O) catalytic converters;
(P) backflow valves; and
(Q) fire hydrant operating nuts.
SECTION 2. Section 1956.032, Occupations Code, is amended
to read as follows:
Sec. 1956.032. INFORMATION PROVIDED BY SELLER. (a) Except
as provided by Subsection (f), a person attempting to sell
regulated material to a metal recycling entity shall:
(1) display to the metal recycling entity the person's
personal identification document;
(2) provide to the metal recycling entity the make,
model, and license plate number of the motor vehicle used to
transport the regulated material; [and]
(3) if the regulated material includes insulated wire
that has been burned wholly or partly to remove the insulation,
display to the metal recycling entity documentation from the fire
department of a county, municipality, or other political
subdivision stating that the material was salvaged from a fire in
that county, municipality, or political subdivision; and
(4) either:
(A) present written documentation evidencing
that the person is the legal owner or is lawfully entitled to sell
the regulated material; or
(B) sign a written statement provided by the
metal recycling entity that the person is the legal owner of or is
lawfully entitled to sell the regulated material offered for sale.
(b) A person required by a municipality to prepare a signed
statement consisting of the information required by Subsection
(a)(4) [(a)(3)] may use the statement required by the municipality
to comply with Subsection (a)(4) [(a)(3)].
(c) The metal recycling entity or the entity's agent shall
visually verify the accuracy of the personal identification
document presented by the seller at the time of the purchase of
regulated material and make a copy of the document [identification]
to be maintained by the entity in the entity's records, except as
otherwise provided by Subsection (f).
(d) If the personal identification document displayed under
Subsection (a) was not issued by this state, the [The] metal
recycling entity or the entity's agent shall obtain:
(1) a digital or video [for recordkeeping purposes
may] photograph that accurately depicts the seller's entire face,
not including any hat; and
(2) a clear and legible fingerprint of an index finger
of the seller.
(d-1) The metal recycling entity or the entity's agent for
recordkeeping purposes may [, and] obtain the name of the seller's
employer.
(e) The metal recycling entity or the entity's agent for
recordkeeping purposes may take a photograph of the motor vehicle
of the seller in which the make, model, and license plate number of
the motor vehicle are identifiable in lieu of the information
required under Subsection (a)(4) [(a)(3)].
(f) The metal recycling entity is not required to make a
copy of the identification as required under Subsection (c) or
collect the information required under Subsection (a)(4) [(a)(3)]
if:
(1) the seller signs the written statement as required
under Subsection (a)(4) [(a)(3)];
(2) the seller has previously provided the information
required under Subsection (a); and
(3) the previously provided information has not
changed.
SECTION 3. Section 1956.033, Occupations Code, is amended
to read as follows:
Sec. 1956.033. RECORD OF PURCHASE. (a) Each metal recycling
entity in this state shall keep an accurate electronic record or an
accurate and legible written record of each purchase of regulated
material made in the course of the entity's business from an
individual [of:
[(1) copper or brass material;
[(2) bronze material;
[(3) aluminum material; or
[(4) regulated metal].
(b) The record must be in English and include:
(1) the place and date of the purchase;
(2) the name and address of each individual from whom
the regulated material is purchased or obtained;
(3) the identifying number of the seller's personal
identification document and a copy of the seller's personal
identification document as required under Section 1956.032(d);
(4) a digital or video photograph that accurately
depicts each item of regulated material purchased and a description
made in accordance with the custom of the trade of the type and
quantity of regulated material purchased; [and]
(5) for each transaction listed in this subdivision,
if the total amount of the transactions exceeds $100, a digital or
video photograph that accurately depicts the seller's motor vehicle
and in which the make, model, and license plate number of the
vehicle is identifiable:
(A) the purchase for which the record is being
made;
(B) other purchases of regulated material from
the seller made on the date of the purchase described by Paragraph
(A); and
(C) purchases of regulated material from the
seller made during the six-day period preceding the date of the
purchase described by Paragraph (A);
(6) the information required by Section
1956.032(a)(4);
(7) a copy of the receipt issued to the seller under
Section 1956.0331; and
(8) as applicable:
(A) a copy of the documentation described by
Section 1956.032(a)(3);
(B) a copy of the photograph described by Section
1956.032(d); and
(C) a copy of the seller's fingerprint required
by Section 1956.032(d) [1956.032(a)(3)].
SECTION 4. Subchapter A-3, Chapter 1956, Occupations Code,
is amended by adding Sections 1956.0331 and 1956.0371 to read as
follows:
Sec. 1956.0331. RECEIPT PROVIDED TO SELLER. A metal
recycling entity shall provide to the seller at the time of purchase
a receipt for the regulated material purchased. The receipt must
include:
(1) the date, time, and physical address of the
transaction;
(2) a description of the type and quantity of the
regulated material purchased;
(3) the weight of the regulated material purchased;
and
(4) the total dollar amount of the transaction.
Sec. 1956.0371. INSULATED WIRE. A metal recycling entity
may not remove any insulation from wire acquired by the entity
before the fifth day after the date the entity acquired the wire,
excluding weekends and holidays.
SECTION 5. Section 1956.038, Occupations Code, is amended
to read as follows:
Sec. 1956.038. PROHIBITED ACTS. (a) A person may not,
with the intent to deceive:
(1) display to a metal recycling entity [a false or
invalid personal identification document] in connection with the
person's attempted sale of regulated material:
(A) a false or invalid personal identification
document; or
(B) a personal identification document that was
issued to another person;
(2) make a false, material statement or representation
to a metal recycling entity in connection with:
(A) that person's execution of a written
statement required by Section 1956.032(a)(4) [1956.032(a)(3)]; or
(B) the entity's efforts to obtain the
information required under Section 1956.033(b); or
(3) display or provide to a metal recycling entity any
information required under Section 1956.032 that the person knows
is false or invalid.
(b) A metal recycling entity may not in any seven-day period
pay to an individual seller cash for a purchase of regulated
material in an amount that exceeds $100. A metal recycling entity
shall pay the amount that exceeds $100 by check or money order
mailed to the seller at the physical address provided by the seller.
SECTION 6. Section 1956.040, Occupations Code, is amended
by adding Subsections (a-1), (a-2), (a-3), (a-4), and (b-1) and
amending Subsection (b) to read as follows:
(a-1) A person commits an offense if the person knowingly:
(1) violates Section 1956.021; or
(2) operates a metal recycling entity and does not
hold a license or permit required by a county, municipality, or
other political subdivision as authorized under Section
1956.003(b).
(a-2) A person commits an offense if the person knowingly
violates Section 1956.034 or 1956.035.
(a-3) An offense under Subsection (a-1) is a Class B
misdemeanor unless it is shown on trial of the offense that the
person has previously been convicted under Subsection (a-1), in
which event the offense is a Class A misdemeanor.
(a-4) An offense under Subsection (a-2) is a Class B
misdemeanor.
(b) A person commits an offense if the person knowingly
buys:
(1) stolen regulated material; or
(2) insulated wire that has been burned wholly or
partly to remove the insulation, unless the seller of the wire
presents to the person documentation from the fire department of a
county, municipality, or other political subdivision stating that
the material was salvaged from a fire in that county, municipality,
or political subdivision.
(b-1) An offense under Subsection (b) [this subsection] is a
Class A misdemeanor unless it is shown on trial of the offense that
the person has previously been convicted under Subsection (b) [this
subsection], in which event the offense is a state jail felony.
SECTION 7. Section 31.03(e), Penal Code, is amended to read
as follows:
(e) Except as provided by Subsection (f), an offense under
this section is:
(1) a Class C misdemeanor if the value of the property
stolen is less than:
(A) $50; or
(B) $20 and the defendant obtained the property
by issuing or passing a check or similar sight order in a manner
described by Section 31.06;
(2) a Class B misdemeanor if:
(A) the value of the property stolen is:
(i) $50 or more but less than $500; or
(ii) $20 or more but less than $500 and the
defendant obtained the property by issuing or passing a check or
similar sight order in a manner described by Section 31.06;
(B) the value of the property stolen is less
than:
(i) $50 and the defendant has previously
been convicted of any grade of theft; or
(ii) $20, the defendant has previously been
convicted of any grade of theft, and the defendant obtained the
property by issuing or passing a check or similar sight order in a
manner described by Section 31.06; or
(C) the property stolen is a driver's license,
commercial driver's license, or personal identification
certificate issued by this state or another state;
(3) a Class A misdemeanor if the value of the property
stolen is $500 or more but less than $1,500;
(4) a state jail felony if:
(A) the value of the property stolen is $1,500 or
more but less than $20,000, or the property is less than 10 head of
sheep, swine, or goats or any part thereof under the value of
$20,000;
(B) regardless of value, the property is stolen
from the person of another or from a human corpse or grave,
including property that is a military grave marker;
(C) the property stolen is a firearm, as defined
by Section 46.01;
(D) the value of the property stolen is less than
$1,500 and the defendant has been previously convicted two or more
times of any grade of theft;
(E) the property stolen is an official ballot or
official carrier envelope for an election; or
(F) the value of the property stolen is less than
$20,000 and the property stolen is regulated metal as that term is
defined by Section 1956.001, Occupations Code [insulated or
noninsulated tubing, rods, water gate stems, wire, or cable that
consists of at least 50 percent:
[(i) aluminum;
[(ii) bronze; or
[(iii) copper];
(5) a felony of the third degree if the value of the
property stolen is $20,000 or more but less than $100,000, or the
property is:
(A) cattle, horses, or exotic livestock or exotic
fowl as defined by Section 142.001, Agriculture Code, stolen during
a single transaction and having an aggregate value of less than
$100,000; or
(B) 10 or more head of sheep, swine, or goats
stolen during a single transaction and having an aggregate value of
less than $100,000;
(6) a felony of the second degree if the value of the
property stolen is $100,000 or more but less than $200,000; or
(7) a felony of the first degree if the value of the
property stolen is $200,000 or more.
SECTION 8. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
For purposes of this section, an offense is committed before the
effective date of this Act if any element of the offense occurs
before that date. An offense committed before the effective date of
this Act is covered by the law in effect when the offense was
committed, and the former law is continued in effect for that
purpose.
SECTION 9. This Act takes effect September 1, 2011.