By Van de Putte H.B. No. 264
75R169 DWS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the sale of certain items at a flea market; providing a
1-3 penalty.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter D, Chapter 35, Business & Commerce
1-6 Code, is amended by adding Section 35.55 to read as follows:
1-7 Sec. 35.55. SALE OF ITEMS AT FLEA MARKET. (a) In this
1-8 section, "flea market" means a location at which booths or similar
1-9 spaces are rented or otherwise made available temporarily to two or
1-10 more persons and at which the persons offer tangible personal
1-11 property for sale.
1-12 (b) A person commits an offense if the person sells or
1-13 offers for sale at a flea market:
1-14 (1) packaged food of a type usually consumed by
1-15 children younger than two years of age;
1-16 (2) a drug, cosmetic, or device, as those terms are
1-17 defined by Section 431.002, Health and Safety Code; or
1-18 (3) an item that has an expiration date.
1-19 (c) A person who provides spaces at a flea market commits an
1-20 offense if the person knowingly permits at the flea market a sale
1-21 prohibited by Subsection (b).
1-22 (d) It is a defense to prosecution under Subsection (b) or
1-23 (c) that:
1-24 (1) the person selling the item:
2-1 (A) is authorized in writing to sell the item at
2-2 retail by the manufacturer of the item or the manufacturer's
2-3 authorized distributor;
2-4 (B) the authorization states the person's name;
2-5 and
2-6 (C) the person provides for examination the
2-7 authorization to any person at the flea market who requests to see
2-8 the authorization; or
2-9 (2) only a sample of the item or a catalog or brochure
2-10 displaying the item was available at the flea market and the item
2-11 sold was not delivered to the buyer at the flea market.
2-12 (e) A person commits an offense if the person provides to
2-13 another person an authorization under Subsection (d)(1) and:
2-14 (1) the authorization is forged or contains a false
2-15 statement; or
2-16 (2) the person displaying the authorization obtained
2-17 the authorization by fraud.
2-18 (f) An offense under this section is a misdemeanor
2-19 punishable by a fine of not more than $100.
2-20 (g) A law enforcement agency investigating a violation of
2-21 this section shall maintain a record of the investigation. The
2-22 record is public information.
2-23 SECTION 2. This Act takes effect September 1, 1997.
2-24 SECTION 3. The importance of this legislation and the
2-25 crowded condition of the calendars in both houses create an
2-26 emergency and an imperative public necessity that the
2-27 constitutional rule requiring bills to be read on three several
3-1 days in each house be suspended, and this rule is hereby suspended.
3-2 COMMITTEE AMENDMENT NO. 1
3-3 Amend H.B. No. 264 as follows:
3-4 (1) On page 1, line 6, strike "Section 35.55" and substitute
3-5 "Sections 35.55 and 35.56".
3-6 (2) On page 2, between lines 22 and 23, insert the
3-7 following:
3-8 Sec. 35.56. PURCHASE OF GOODS BY FLEA MARKET VENDOR. (a)
3-9 In this section:
3-10 (1) "Flea market" means a location at which booths or
3-11 similar spaces are rented or otherwise made available temporarily
3-12 to two or more persons and at which the persons offer tangible
3-13 personal property for sale.
3-14 (2) "Flea market vendor" means a person who uses a
3-15 booth or similar space to sell tangible personal property at a flea
3-16 market more than four times a year.
3-17 (b) Before purchasing from an individual property that is to
3-18 be offered for sale at a flea market, a flea market vendor shall
3-19 require the individual to present proof of identification in the
3-20 form of:
3-21 (1) a state driver's license;
3-22 (2) a passport;
3-23 (3) a military identification; or
3-24 (4) other identification issued by a state or the
3-25 federal government that verifies the identity of the individual,
3-26 has a discreet identification number, and contains a photograph of
3-27 the holder of the identification.
4-1 (c) A flea market vendor shall create in connection with a
4-2 purchase of property from an individual a sequentially numbered
4-3 purchase receipt or a purchase receipt that contains a unique
4-4 identification number. The purchase receipt must be created in
4-5 triplicate and must contain:
4-6 (1) the first, middle, and last name of the seller of
4-7 the property;
4-8 (2) the address of the seller;
4-9 (3) the type of identification used by the seller;
4-10 (4) the sex, race, hair color, and eye color of the
4-11 seller;
4-12 (5) the date of birth of the seller;
4-13 (6) a description of each item purchased from the
4-14 seller, including the item's serial and model number, if any;
4-15 (7) a statement by the seller that the property sold
4-16 to the flea market vendor is owned by the seller and that the
4-17 seller has the legal right to sell the property; and
4-18 (8) the signature of the seller.
4-19 (d) A flea market vendor shall retain the original of each
4-20 purchase receipt and shall forward, within 24 hours of issuing the
4-21 receipt, the two copies to the person who provides the spaces at
4-22 the flea market.
4-23 (e) A person who provides space at a flea market shall:
4-24 (1) notify each flea market vendor in writing of the
4-25 vendor's responsibilities under this section;
4-26 (2) retain one copy of each purchase receipt that the
4-27 person receives from a flea market vendor;
5-1 (3) provide to the local law enforcement agency one
5-2 copy of each purchase receipt within 48 hours of the time it is
5-3 received for the purpose of determining whether the property has
5-4 been reported stolen; and
5-5 (4) provide a secure place for the storage of purchase
5-6 receipts and the inspection of those receipts by law enforcement
5-7 officials.
5-8 (f) Receipts must be provided to the local law enforcement
5-9 agency under Subsection (e)(3) alphabetically by last name of the
5-10 seller.
5-11 (g) A flea market vendor may not:
5-12 (1) purchase property from an individual who is
5-13 younger than 18 years of age; or
5-14 (2) offer property purchased from an individual for
5-15 sale to the public before the 21st day after the date the property
5-16 is purchased by the flea market vendor.
5-17 (h) A person who violates this section commits an offense.
5-18 An offense under this section is a misdemeanor punishable by a fine
5-19 of not more than $100 for each violation.
5-20 (i) A law enforcement agency investigating a violation of
5-21 this section shall maintain a record of the investigation. The
5-22 record is public information.
5-23 75R8443 BEM-D Elkins