Bill Text: TX SB875 | 2013-2014 | 83rd Legislature | Enrolled
Bill Title: Relating to the purchase of plastic bulk merchandise containers by certain businesses; providing a civil penalty.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2013-06-14 - Effective on 9/1/13 [SB875 Detail]
Download: Texas-2013-SB875-Enrolled.html
| S.B. No. 875 | ||
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| 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 Subsections (a) and (c) and adding Subsections | ||
| (d), (e), and (f) to read as follows: | ||
| (a) A person who is in the business of recycling, shredding, | ||
| or destroying plastic bulk merchandise containers, before | ||
| purchasing five or more 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 plastic bulk merchandise containers and who purchases | ||
| a 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 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 $5,000 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. Subsection (a), Section 204.004, 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) [ |
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| chapter. | ||
| SECTION 3. This Act takes effect September 1, 2013. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I hereby certify that S.B. No. 875 passed the Senate on | ||
| April 11, 2013, by the following vote: Yeas 30, Nays 1; and that | ||
| the Senate concurred in House amendment on May 20, 2013, by the | ||
| following vote: Yeas 30, Nays 1. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| I hereby certify that S.B. No. 875 passed the House, with | ||
| amendment, on May 15, 2013, by the following vote: Yeas 116, | ||
| Nays 30, two present not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| Approved: | ||
| ______________________________ | ||
| Date | ||
| ______________________________ | ||
| Governor | ||
