Bill Text: TX SB2382 | 2019-2020 | 86th Legislature | Introduced


Bill Title: Relating to sale of returnable containers; creating a criminal offense.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2019-03-21 - Referred to Business & Commerce [SB2382 Detail]

Download: Texas-2019-SB2382-Introduced.html
  86R13830 GRM-D
 
  By: Hughes S.B. No. 2382
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to sale of returnable containers; creating a criminal
  offense.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Chapter 204, Business & Commerce
  Code, is amended to read as follows:
  CHAPTER 204. SALE OF RETURNABLE [PLASTIC BULK MERCHANDISE]
  CONTAINER
         SECTION 2.  Section 204.001, Business & Commerce Code, is
  amended to read as follows:
         Sec. 204.001.  DEFINITIONS. In this chapter:
               (1)  ["Plastic bulk merchandise container" means a
  plastic crate or shell used by a product producer, distributor, or
  retailer for the bulk transportation or storage of retail
  containers of milk, eggs, or bottled beverage products.
                     [(2)] "Proof of ownership" includes a bill of
  sale or other evidence showing that an item has been sold to the
  person possessing the item.
               (2)  "Returnable container" means a device made of any
  material that is used to hold, contain, or convert goods into a
  package and is suitable for repeated use. The term includes
  baskets, trays, or other containers used by a product producer,
  distributor, or retailer for the transportation or storage of
  goods. 
         SECTION 3.  The heading to Section 204.002, Business &
  Commerce Code, is amended to read as follows:
         Sec. 204.002.  REQUIREMENTS APPLICABLE TO SALE OF RETURNABLE
  [PLASTIC BULK MERCHANDISE] CONTAINER.
         SECTION 4.  Sections 204.002(a) and (c), Business & Commerce
  Code, are amended to read as follows:
         (a)  A person who is in the business of recycling, shredding,
  or destroying returnable [plastic bulk merchandise] containers,
  before purchasing five or more returnable [plastic bulk
  merchandise] containers from the same person, shall:
               (1)  obtain from that person:
                     (A)  proof of ownership for the containers; and
                     (B)  a record that contains:
                           (i)  the name, address, and telephone number
  of the person or the person's authorized representative;
                           (ii)  the name and address of the buyer of
  the containers or any consignee of the containers;
                           (iii)  a description of the containers,
  including the number of the containers to be sold; and
                           (iv)  the date of the transaction; and
               (2)  verify:
                     (A)  the identity of the individual selling the
  containers or representing the seller from a driver's license or
  other government-issued identification card that includes the
  individual's photograph, and record the verification; or
                     (B)  in a manner determined by the purchaser that
  the individual is acting on behalf of a corporation, business,
  government, or governmental subdivision or agency.
         (c)  A person who is in the business of recycling, shredding,
  or destroying returnable [plastic bulk merchandise] containers and
  who purchases a returnable [plastic bulk merchandise] container
  from an individual, unless the person verifies in a manner
  determined by the purchaser that the individual is acting on behalf
  of a corporation, business, government, or governmental
  subdivision or agency:
               (1)  may not pay for the purchase of any returnable
  [plastic bulk merchandise] container with cash; and
               (2)  shall, for each transaction in which the person
  purchases one or more returnable [plastic bulk merchandise]
  containers, record the method of payment used to purchase the
  containers.
         SECTION 5.  Section 204.003(a), Business & Commerce Code, is
  amended to read as follows:
         (a)  A person who is in the business of recycling, shredding,
  or destroying returnable [plastic bulk merchandise] containers may
  not use an artifice to avoid the application of Section 204.002,
  including documenting purchases from the same person on the same
  day as multiple transactions.
         SECTION 6.  Sections 204.005(a) and (b), Business & Commerce
  Code, are amended to read as follows:
         (a)  A person who is in the business of recycling, shredding,
  or destroying returnable [plastic bulk merchandise] containers who
  violates this chapter commits an offense.
         (b)  Except as provided by Subsection (c), an offense under
  this section is a Class C misdemeanor punishable by:
               (1)  a fine not to exceed $350, if the total purchase
  price of the returnable [plastic bulk merchandise] containers to
  which the offense relates is less than $1,000; or
               (2)  a fine not to exceed $700, if the total purchase
  price of the returnable [plastic bulk merchandise] containers to
  which the offense relates is $1,000 or more.
         SECTION 7.  The changes in law made by this Act apply 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 8.  This Act takes effect September 1, 2019.
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