1-1  By:  Yarbrough (Senate Sponsor - Shelley)             H.B. No. 2116
    1-2        (In the Senate - Received from the House April 19, 1993;
    1-3  April 19, 1993, read first time and referred to Committee on
    1-4  Intergovernmental Relations; May 5, 1993, reported adversely, with
    1-5  favorable Committee Substitute by the following vote:  Yeas 6, Nays
    1-6  0; May 5, 1993, sent to printer.)
    1-7                            COMMITTEE VOTE
    1-8                          Yea     Nay      PNV      Absent 
    1-9        Armbrister                                    x    
   1-10        Leedom                                        x    
   1-11        Carriker                                      x    
   1-12        Henderson          x                               
   1-13        Madla              x                               
   1-14        Moncrief           x                               
   1-15        Patterson                                     x    
   1-16        Rosson             x                               
   1-17        Shapiro                                       x    
   1-18        Wentworth          x                               
   1-19        Whitmire           x                               
   1-20  COMMITTEE SUBSTITUTE FOR H.B. No. 2116                By:  Whitmire
   1-21                         A BILL TO BE ENTITLED
   1-22                                AN ACT
   1-23  relating to the regulation of the hours of operation of a motor
   1-24  vehicle salvage yard in certain counties; and inventory record
   1-25  information; providing a penalty.
   1-26        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-27        SECTION 1.  Title 116, Revised Statutes, is amended by adding
   1-28  Article 6687-2b to read as follows:
   1-29        Art. 6687-2b.  HOURS OF OPERATION OF MOTOR VEHICLE SALVAGE
   1-30  YARD IN POPULOUS COUNTIES.  (a)  A motor vehicle salvage dealer may
   1-31  not operate heavy machinery in a motor vehicle salvage yard between
   1-32  the hours of 7 p.m. of one day and 7 a.m. of the following day.
   1-33        (b)  A motor vehicle salvage dealer may not operate heavy
   1-34  machinery in a motor vehicle salvage yard at any time on a Sunday.
   1-35        (c)  This article applies only to a motor vehicle salvage
   1-36  yard located in a county with a population of 2.8 million or more,
   1-37  according to the most recent federal decennial census.
   1-38        (d)  A person who violates this article commits a Class C
   1-39  misdemeanor.
   1-40        (e)  The prosecutor in the county where the salvage yard is
   1-41  located or the city attorney in the municipality where the salvage
   1-42  yard is located may bring suit to enjoin a violation of this
   1-43  article.
   1-44        (f)  In this article, "motor vehicle salvage dealer" has the
   1-45  meaning assigned by Section 1, Chapter 506, Acts of the 57th
   1-46  Legislature, Regular Session, 1961 (Article 6687-2, Vernon's Texas
   1-47  Civil Statutes), and its subsequent amendments.
   1-48        (g)  This Article Excludes:
   1-49              (1)  sales and purchases by a person who:
   1-50                    (A)  is predominately engaged in the business of
   1-51  obtaining ferrous or nonferrous metals that have served their
   1-52  original economic purpose in order to convert such metals, or to
   1-53  sell such metals for conversion, into raw material products
   1-54  consisting of prepared grades and having an existing or potential
   1-55  economic value;
   1-56                    (B)  has facilities for performing the process by
   1-57  which ferrous or nonferrous metals are converted into raw material
   1-58  products consisting of prepared grades and having an existing or
   1-59  potential economic value, other than by the exclusive use of hand
   1-60  tools, by methods including, without limitation, the processing,
   1-61  sorting, cutting, classifying, cleaning, baling, wrapping,
   1-62  shredding, shearing, or changing the physical form or chemical
   1-63  content thereof; and
   1-64                    (C)  is selling or purchasing such ferrous or
   1-65  nonferrous metals solely for purposes of use in the form of raw
   1-66  materials in the production of new products.
   1-67        SECTION 2.  Sections 1(c), (f) chapter 506, Acts of the 57th
   1-68  Legislature, Regular Session, 1961 (Article 6687-2, Vernon's Texas
    2-1  Civil Statutes), are amended to read as follows:
    2-2        (c)  A motor vehicle salvage dealer shall keep an accurate
    2-3  and legible inventory of each used component part purchased by or
    2-4  delivered to him, as follows:
    2-5              (1)  date of purchase or delivery;
    2-6              (2)  name, age, address, sex, and driver's license
    2-7  number of the seller and a legible photocopy of the seller's
    2-8  driver's license;
    2-9              (3)  the license number of the motor vehicle used to
   2-10  deliver the component part;
   2-11              (4)  a complete description of the item purchased,
   2-12  including the type of material and, if applicable, the make, model,
   2-13  color, and size of the item; and
   2-14              (5)  the vehicle identification number of the motor
   2-15  vehicle from which the component part was removed.
   2-16        (d)  A motor vehicle salvage dealer is not required to keep
   2-17  records under Subsection (c) of this section of interior component
   2-18  parts or special accessory parts on a motor vehicle more than 10
   2-19  years of age.
   2-20        (e)  In lieu of the requirements contained in Subsection (c)
   2-21  of this section, a motor vehicle salvage dealer may record the name
   2-22  of the <dismantles> business that the motor vehicle or motor vehicle
   2-23  part is purchased from and the Texas Certificate of Inventory
   2-24  number or Federal Taypayer Identification Number.
   2-25        (f) (1)  A motor vehicle salvage dealer shall:
   2-26                    (A)  assign a unique inventory number to each
   2-27  transaction in which the salvage dealer purchases or takes delivery
   2-28  of one or more component parts:
   2-29                    (B)  attach the unique inventory number to each
   2-30  component part the dealer obtains in the transaction; and
   2-31                    (C)  retain each component part in its original
   2-32  condition on the business premises of the original buying salvage
   2-33  dealer for at least three calendar days, excluding Sunday, after
   2-34  the date on which the dealer obtains the part.
   2-35        (2)  A unique inventory number attached to a component part
   2-36  as required by Subdivision (1) of this subsection may not be
   2-37  removed while the part remains in the inventory of the motor
   2-38  vehicle salvage dealer.  If a component part does not have a
   2-39  vehicle identification number or the vehicle identification number
   2-40  has been removed or the vehicle identification number of the
   2-41  vehicle from which the component part was removed is not available,
   2-42  a motor vehicle salvage dealer shall record the component part or
   2-43  component parts on an affidavit bill of sale.  The form of the
   2-44  affidavit bill of sale shall be prescribed and made available by
   2-45  the State Department of Highways and Public Transportation.
   2-46        (3)  This Section Excludes:
   2-47              (a)  sales and purchases between salvage dealers and
   2-48  other automotive related businesses of non-operable engines,
   2-49  transmission and rear axle assemblies; and
   2-50              (b)  sales and purchases by a person who:
   2-51                    (1)  is predominately engaged in the business of
   2-52  obtaining ferrous or nonferrous metals that have served their
   2-53  original economic purpose in order to convert such metals, or to
   2-54  sell such metals for conversion, into raw material products
   2-55  consisting of prepared grades and having an existing or potential
   2-56  economic value;
   2-57                    (2)  has facilities for performing the process by
   2-58  which ferrous or nonferrous metals are converted into raw material
   2-59  products consisting of prepared grades and having an existing or
   2-60  potential economic value, other than by the exclusive use of hand
   2-61  tools, by methods including, without limitation, the processing,
   2-62  sorting, cutting, classifying, cleaning, baling, wrapping,
   2-63  shredding, shearing, or changing the physical form or chemical
   2-64  content thereof; and
   2-65                    (3)  is selling or purchasing such ferrous or
   2-66  nonferrous metals solely for purposes of use in the form of raw
   2-67  materials in the production of new products.
   2-68        SECTION 3.  This Act takes effect September 1, 1993, and
   2-69  applies only to component parts of motor vehicles received by a
   2-70  motor vehicle salvage dealer on or after that date.  A motor
    3-1  vehicle component part received by a motor vehicle salvage dealer
    3-2  before the effective date of this Act is subject to the law in
    3-3  effect at the time the dealer received the part, and the former law
    3-4  is continued in effect for this purpose.
    3-5        SECTION 4.  The importance of this legislation and the
    3-6  crowded condition of the calendars in both houses create an
    3-7  emergency and an imperative public necessity that the
    3-8  constitutional rule requiring bills to be read on three several
    3-9  days in each house be suspended, and this rule is hereby suspended.
   3-10                               * * * * *
   3-11                                                         Austin,
   3-12  Texas
   3-13                                                         May 5, 1993
   3-14  Hon. Bob Bullock
   3-15  President of the Senate
   3-16  Sir:
   3-17  We, your Committee on Intergovernmental Relations to which was
   3-18  referred H.B. No. 2116, have had the same under consideration, and
   3-19  I am instructed to report it back to the Senate with the
   3-20  recommendation that it do not pass, but that the Committee
   3-21  Substitute adopted in lieu thereof do pass and be printed.
   3-22                                                         Armbrister,
   3-23  Chairman
   3-24                               * * * * *
   3-25                               WITNESSES
   3-26                                                  FOR   AGAINST  ON
   3-27  ___________________________________________________________________
   3-28  Name:  Mart C. Hanna                             x
   3-29  Representing:  Auto Theft Preve. Authority
   3-30  City:  Katy
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   3-32  Name:  Jim Aubuchon                              x
   3-33  Representing:  Commercial Metals Company
   3-34  City:  Dallas
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   3-36  Name:  Jeanette Rash                             x
   3-37  Representing:  Harris Co. Used Auto/Truck Pt
   3-38  City:  Houston
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   3-40  Name:  David Barber                              x
   3-41  Representing:  City of Houston
   3-42  City:  Houston
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   3-44  Name:  Michael T. Mark                           x
   3-45  Representing:  Tx Automotive Dismantler
   3-46  City:  Austin
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