82R2867 ATP-F
	By: Cook	H.B. No. 389

	A BILL TO BE ENTITLED
	AN ACT
	relating to the purchase of plastic bulk merchandise containers by
	certain businesses; providing a civil penalty.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 204.002, Business & Commerce Code, is
	amended by amending Subsection (c) and adding Subsections (d), (e),
	and (f) to read as follows:
	(c)  A person who is in the business of recycling, shredding,
	or destroying plastic bulk merchandise containers:
	(1)  may not pay for the purchase of any plastic bulk
	merchandise container with cash; and
	(2)  shall, for each transaction in which the person
	purchases one or more plastic bulk merchandise containers, record
	the method of payment used to purchase the containers.
	(d)  A record made under Subsection (c)(2) shall be attached
	to a record made or obtained under Subsection (a) if a record is
	required under that subsection.
	(e)  A person who violates Subsection (a) or (b) is liable to
	this state for a civil penalty of $10,000 for each violation.
	(f)  A person who violates Subsection (c) is liable to this
	state for a civil penalty in an amount not to exceed $10,000 for
	each violation. Each cash transaction made in violation of
	Subsection (c)(1) is a separate violation for purposes of imposing
	a penalty under this subsection. In determining the amount of the
	civil penalty imposed under this subsection, the court shall
	consider the amount necessary to deter future violations.
	SECTION 2.  Section 204.004(a), Business & Commerce Code, is
	amended to read as follows:
	(a)  The attorney general or appropriate prosecuting
	attorney may:
	(1)  inspect a record retained by a person under
	Section 204.002;
	(2)  investigate an alleged violation of this chapter;
	and
	(3) [(2)]  sue to collect a civil penalty under this
	chapter.
	SECTION 3.  This Act takes effect September 1, 2011.