By: Carona	S.B. No. 288

	A BILL TO BE ENTITLED
	AN ACT
	relating to the regulation of crafted precious metal dealers.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Subdivision (3), Section 1956.051, Occupations
	Code, is amended to read as follows:
	(3)  "Crafted precious metal" means jewelry,
	silverware, an art object, or another object, made wholly or partly
	from precious metal, that is selling at less than 105 percent of the
	scrap value of the object, other than a coin, a bar, or a
	commemorative medallion[, or scrap or a broken item selling at five
	percent or more than the scrap value of the item].
	SECTION 2.  Section 1956.0613, Occupations Code, is amended
	to read as follows:
	Sec. 1956.0613.  INVESTIGATION BY COMMISSIONER; INSPECTION
	OF RECORDS.  (a)  The commissioner shall:
	(1)  monitor the operations of a dealer to ensure
	compliance with this subchapter [chapter]; and
	(2)  receive and investigate complaints against a
	dealer or a person acting as a dealer.
	(b)  If the commissioner receives a written complaint
	regarding a violation of this subchapter by a person, or has
	reasonable cause to believe that a person is violating this
	subchapter, the commissioner or the commissioner's authorized
	representative may inspect any record, account, paper, book, or
	correspondence of the person, regardless of whether the person is
	registered as a dealer.
	(c)  The commissioner or the commissioner's authorized
	representative may take statements in an investigation of a matter
	under this subchapter.
	SECTION 3.  Section 1956.063, Occupations Code, is amended
	by amending Subsections (c) and (d) and adding Subsection (c-1) to
	read as follows:
	(c)  For each transaction regulated by this subchapter, the
	dealer shall submit a report on a preprinted and prenumbered form
	prescribed by the commissioner or in the manner described by
	Subsection (c-1).  The form must include the following:
	(1)  the date of the transaction;
	(2)  a description of the crafted precious metal
	purchased by the dealer;
	(3)  the name and physical address of the dealer; and
	(4)  the name, physical description, and physical
	address of the seller or transferor.
	(c-1)  A dealer may submit a list required by Section
	1956.062(b) in satisfaction of the reporting requirement of this
	section if the list contains the information described by
	Subsection (c).
	(d)  The dealer shall retain a copy of the report until the
	later of:
	(1)  the second anniversary of the date the dealer
	sells or otherwise disposes of the crafted precious metal purchased
	by the dealer; or
	(2)  the third anniversary of the date the report is
	filed.
	SECTION 4.  Subsections (b) and (c), Section 1956.064,
	Occupations Code, are amended to read as follows:
	(b)  A peace officer who has reasonable suspicion to believe
	that an item of crafted precious metal in the possession of a
	dealer, or in the possession of another person on behalf of the
	dealer, is stolen may place the item on hold for a period not to
	exceed 60 days by issuing to the dealer or other person a written
	notice that:
	(1)  specifically identifies the item alleged to be
	stolen and subject to the hold; and
	(2)  informs the dealer or other person of the
	requirements of Subsection (c).
	(c)  On receiving the notice, the dealer or other person may
	not melt, deface, alter, or dispose of the identified crafted
	precious metal until the hold is released in writing by a peace
	officer of this state or a court order.
	SECTION 5.  Subsection (d), Section 1956.063, Occupations
	Code, as amended by this Act, applies to a report filed under
	Section 1956.063, Occupations Code, on or after the effective date
	of this Act.
	SECTION 6.  This Act takes effect September 1, 2013.