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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(a), Occupations Code, is |
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amended to read as follows: |
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(a) A dealer shall, as required by Sections [Section] |
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1956.063 and 1956.0635, report all identifiable crafted precious |
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metal that the dealer purchases, takes in trade, accepts for sale on |
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consignment, or accepts for auction. |
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SECTION 3. Subchapter B, Chapter 1956, Occupations Code, is |
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amended by adding Section 1956.0635 to read as follows: |
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Sec. 1956.0635. REPORT TO ELECTRONIC DATABASE. (a) In |
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addition to the report required by Section 1956.063, a dealer shall |
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report each transaction regulated by this subchapter to an online |
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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 department for purposes of this |
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section. |
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(b) The department by rule shall designate the database to |
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which a dealer is required to report under Subsection (a). |
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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, or 1956.0635; |
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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. Section 1956.0635, Occupations Code, as added by |
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this Act, applies only to a transaction that occurs on or after |
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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 Department |
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of Public Safety by rule shall designate the online database to |
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which a dealer is required to report under Section 1956.0635, |
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Occupations Code, as added by this Act. |
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SECTION 8. This Act takes effect September 1, 2023. |