By McReynolds H.B. No. 1405
76R4611 MXM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of secondhand metal dealers.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 1(5), Chapter 460, Acts of the 60th
1-5 Legislature, Regular Session, 1967 (Article 9009, Vernon's Texas
1-6 Civil Statutes), is amended to read as follows:
1-7 (5) "Personal identification card [certificate]"
1-8 means:
1-9 (A) a driver's license or personal
1-10 identification certificate [card] issued by the Department of
1-11 Public Safety under Chapter 521, Transportation Code;
1-12 (B) a military identification card;
1-13 (C) a passport;
1-14 (D) an alien registration card; or
1-15 (E) a picture identification card issued by
1-16 another state [Section 14A, Chapter 173, Acts of the 47th
1-17 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
1-18 Civil Statutes), or an analogous card or certificate issued by
1-19 another state].
1-20 SECTION 2. Section 2, Chapter 460, Acts of the 60th
1-21 Legislature, Regular Session, 1967 (Article 9009, Vernon's Texas
1-22 Civil Statutes), is amended to read as follows:
1-23 Sec. 2. DUTY TO MAINTAIN RECORD; EXHIBITION; FORM AND
1-24 CONTENTS. (a) Each secondhand metal dealer in this state shall
2-1 keep an accurate and legible written record of any purchase made in
2-2 the course of the dealer's business from an individual of:
2-3 (1) copper or brass material in excess of 40 [50]
2-4 pounds;
2-5 (2) bronze material; or
2-6 (3) aluminum material in excess of 40 pounds.
2-7 (b) The record must be in English and must include:
2-8 (1) the place and date of each purchase;
2-9 (2) the name and address of each individual from whom
2-10 the regulated material is purchased or obtained, and if an
2-11 individual is selling for a company, the name and address of each
2-12 company;
2-13 (3) the identifying number of the seller's [driver's
2-14 license, military identification card, passport, or] personal
2-15 identification card [certificate];
2-16 (4) a description made in accordance with the custom
2-17 of the trade of the type of regulated material purchased, such as
2-18 "tubing," "wire," "sheeting," or "pipe" but excluding a general
2-19 description such as "scrap" or "mixed";
2-20 (5) a description of [and] the quantity of the
2-21 material; and
2-22 (6) the dollar amount paid for the material [(5) a
2-23 signed statement by the seller that states the seller's right of
2-24 legal ownership or right to sell the regulated material offered for
2-25 sale].
2-26 (c) A person attempting to sell a regulated material to a
2-27 secondhand metal dealer must:
3-1 (1) display to the secondhand metal dealer the
3-2 person's [driver's license, military identification card, passport,
3-3 or] personal identification card [certificate or, if the seller
3-4 does not have a driver's license, military identification card,
3-5 passport, or personal identification certificate, a statement
3-6 signed by the seller that states that the seller does not possess
3-7 any of these types of identification]; and
3-8 (2) provide to the secondhand metal dealer the license
3-9 plate number of the vehicle that transported the regulated material
3-10 to the dealer [sign a written statement provided by the secondhand
3-11 metal dealer that states that the person is the legal owner of, or
3-12 is lawfully entitled to sell, the regulated material offered for
3-13 sale].
3-14 (d) [If a person is required by a municipality to prepare a
3-15 signed statement consisting of the same information required by
3-16 Subsection (c)(1) or (2) of this section, the person may use the
3-17 statement required by the municipality to comply with the
3-18 requirements of Subsection (c)(1) or (2) of this section.]
3-19 [(e)] The secondhand metal dealer or the dealer's agent
3-20 shall visually verify the accuracy of the seller's personal
3-21 identification card [presented by the seller] at the time of the
3-22 purchase of a regulated material. If the dealer is unable to verify
3-23 the accuracy of the card or if the seller does not display a card,
3-24 the dealer may not purchase a regulated material from that seller.
3-25 (e) [(f)] A person commits an offense if that person, with
3-26 the intent to deceive:
3-27 (1) makes a material and false statement or
4-1 representation to a secondhand metal dealer in connection with the
4-2 dealer's efforts to obtain the information required under Section
4-3 2(b) of this Act; or
4-4 (2) displays to a secondhand metal dealer a false or
4-5 invalid [driver's license, military identification card, passport,
4-6 or] personal identification card [certificate] in connection with
4-7 the person's attempted sale of any regulated material[; or]
4-8 [(3) makes a material and false statement or
4-9 representation to a secondhand metal dealer in connection with that
4-10 person's execution of a written statement required by Section 2
4-11 (c)(1) or (2) of this Act].
4-12 SECTION 3. Section 3, Chapter 460, Acts of the 60th
4-13 Legislature, Regular Session, 1967 (Article 9009, Vernon's Texas
4-14 Civil Statutes), is amended to read as follows:
4-15 Sec. 3. PRESERVATION OF RECORDS. Each secondhand metal
4-16 dealer shall preserve the records required by Section 2 of this Act
4-17 for a period of at least three years. The dealer may not erase,
4-18 mutilate, or alter the records during that period.
4-19 SECTION 4. Section 5, Chapter 460, Acts of the 60th
4-20 Legislature, Regular Session, 1967 (Article 9009, Vernon's Texas
4-21 Civil Statutes), is amended to read as follows:
4-22 Sec. 5. TEN DAY HOLD; NOTICE TO HOLD ITEMS; DEALERS. (a) A
4-23 secondhand metal dealer may not sell, salvage, or destroy a
4-24 regulated material until the expiration of the 10th working day
4-25 after the date of purchase of the material.
4-26 (b) In addition to the retention period under Subsection (a)
4-27 of this section, if [If] a peace officer has reasonable suspicion
5-1 to believe that certain items consisting or composed of regulated
5-2 materials and in the possession of a secondhand metal dealer are
5-3 stolen, the peace officer may place the items on hold for a period
5-4 longer than that retention period as provided by this section. If
5-5 the officer places the items on hold, the officer shall issue a
5-6 hold notice to the dealer.
5-7 (c) [(b)] The hold notice must be in writing, and must:
5-8 (1) specifically identify the items alleged to be
5-9 stolen and subject to the hold; and
5-10 (2) inform the dealer of the requirements imposed
5-11 under Subsection (d) [(c)] of this section.
5-12 (d) [(c)] On receipt of a hold notice under this section, a
5-13 secondhand metal dealer may not process or remove from the dealer's
5-14 premises the items subject to the hold, or any part of those items,
5-15 until the expiration of the 10th day after the date on which the
5-16 notice is issued, unless the hold is released at an earlier time in
5-17 writing by a peace officer of this state or an order of a court of
5-18 competent jurisdiction. At the expiration of the holding period,
5-19 the hold is automatically released and the dealer may dispose of
5-20 the regulated material unless:
5-21 (1) another disposition of the material has been
5-22 ordered by a court of competent jurisdiction; or
5-23 (2) the retention period under Subsection (a) of this
5-24 section has not yet expired.
5-25 SECTION 5. Section 8, Chapter 460, Acts of the 60th
5-26 Legislature, Regular Session, 1967 (Article 9009, Vernon's Texas
5-27 Civil Statutes), is amended to read as follows:
6-1 Sec. 8. APPLICATION, EXEMPT PURCHASES AND SALES. This Act
6-2 does not apply to a purchase of a regulated material from a
6-3 manufacturing or[,] industrial[, or other commercial] vendor that
6-4 sells regulated materials in the ordinary course of the vendor's
6-5 business.
6-6 SECTION 6. This Act takes effect September 1, 1999.
6-7 SECTION 7. The importance of this legislation and the
6-8 crowded condition of the calendars in both houses create an
6-9 emergency and an imperative public necessity that the
6-10 constitutional rule requiring bills to be read on three several
6-11 days in each house be suspended, and this rule is hereby suspended.