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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of crafted precious metal. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1956.051(3), Occupations Code, is |
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amended to read as follows: |
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(3) "Crafted precious metal" means jewelry, |
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silverware, an art object, or another object, made wholly or partly |
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from precious metal and used primarily for personal, family, or |
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household purposes [purchases]. The term does not include: |
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(A) a coin; |
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(B) a bar; |
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(C) a commemorative medallion; |
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(D) [an item selling at 105 percent or more of the |
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scrap value of the item; |
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[(E)] an item made wholly or partly from precious |
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metal and used for a dental, pharmaceutical, or medical |
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application; or |
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(E) [(F)] an item made wholly or partly from |
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precious metal extracted, recovered, or salvaged from an industrial |
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by-product or industrial waste product. |
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SECTION 2. Section 1956.062(d), Occupations Code, is |
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amended to read as follows: |
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(d) The dealer shall: |
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(1) provide to a peace officer, on demand, the list |
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required by Subsection (b); and |
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(2) submit [mail or deliver a complete copy of] the |
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list to the online database designated under [chief of police or the |
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sheriff as provided by] Section 1956.063 not later than 48 hours |
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after the list is filed with the dealer. |
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SECTION 3. Section 1956.063, Occupations Code, is amended |
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by amending Subsections (b) and (c) and adding Subsections (b-1) |
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and (b-2) to read as follows: |
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(b) Except as provided by Subsection (b-2), a dealer shall |
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submit [If a transaction regulated by this subchapter occurs in a |
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municipality that maintains a police department, the original and a |
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copy of] the report required by this subchapter [shall be |
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submitted] to an online database that is: |
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(1) used by law enforcement agencies to investigate |
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offenses related to crafted precious metal and other property; and |
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(2) designated by the commission under Subsection |
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(b-1) for purposes of this section [the municipality's chief of |
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police. If the transaction does not occur in such a municipality, |
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the original and a copy of the report shall be submitted to the |
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sheriff of the county in which the transaction occurs]. |
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(b-1) The commission by rule shall designate the database to |
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which a dealer is required to report under Subsection (b). |
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(b-2) If the commission determines that no appropriate |
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online database exists for submitting reports required by this |
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subchapter, the commission by rule shall establish an alternative |
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procedure under which dealers are required to submit those reports. |
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(c) For each transaction regulated by this subchapter, the |
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dealer shall submit a report on a [preprinted and prenumbered] form |
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prescribed by the commissioner or in the manner described by |
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Subsection (c-1). The form must include the following: |
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(1) the date of the transaction; |
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(2) a description of the crafted precious metal |
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purchased by the dealer; |
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(3) the name and physical address of the dealer; and |
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(4) the name, physical description, and physical |
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address of the seller or transferor. |
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SECTION 4. Section 1956.069(a), Occupations Code, is |
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amended to read as follows: |
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(a) A person commits an offense if the person: |
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(1) fails to make or permit inspection of a report as |
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required by Section 1956.062 or 1956.063; |
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(2) violates Section 1956.0612 or 1956.064; |
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(3) fails to permit inspection of crafted precious |
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metal as required by Section 1956.065; |
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(4) fails to obtain or retain a statement as required |
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by Section 1956.066; |
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(5) [(4)] fails to file a registration statement as |
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required by Section 1956.067; or |
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(6) [(5)] purchases an object in violation of Section |
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1956.068. |
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SECTION 5. Sections 1956.062 and 1956.063, Occupations |
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Code, as amended by this Act, apply only to a transaction that |
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occurs on or after January 1, 2024. |
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SECTION 6. Section 1956.069(a), Occupations Code, as |
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amended by this Act, applies only to an offense committed on or |
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after the effective date of this Act. An offense committed before |
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the effective date of this Act is governed by the law in effect on |
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the date the offense was committed, and the former law is continued |
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in effect for that purpose. For purposes of this section, an |
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offense was committed before the effective date of this Act if any |
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element of the offense occurred before that date. |
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SECTION 7. Not later than December 1, 2023, the Finance |
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Commission of Texas by rule shall designate the online database as |
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required by Section 1956.063, Occupations Code, as amended by this |
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Act. |
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SECTION 8. This Act takes effect September 1, 2023. |