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A BILL TO BE ENTITLED
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AN ACT
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relating to information obtained regarding the sale of plastic bulk |
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merchandise containers; providing civil penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 35, Business & Commerce |
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Code, is amended by adding Section 35.63 to read as follows: |
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Sec. 35.63. SALE OF PLASTIC BULK MERCHANDISE CONTAINER. |
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(a) In this section: |
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(1) "Plastic bulk merchandise container" means a |
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plastic crate or shell used by a product producer, distributor, or |
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retailer for the bulk transportation or storage of retail |
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containers of milk, eggs, or bottled beverage products. |
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(2) "Proof of ownership" includes a bill of sale or |
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other evidence showing that an item has been sold to the person |
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possessing the item. |
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(b) A person who is in the business of recycling, shredding, |
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or destroying plastic bulk merchandise containers, before |
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purchasing five or more plastic bulk merchandise containers from |
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the same person, shall: |
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(1) obtain from that person: |
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(A) proof of ownership for the containers; and |
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(B) a record that contains: |
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(i) the name, address, and telephone number |
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of the person or the person's authorized representative; |
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(ii) the name and address of the buyer of |
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the containers or any consignee of the containers; |
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(iii) a description of the containers, |
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including the number of the containers to be sold; and |
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(iv) the date of the transaction; and |
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(2) verify the identity of the individual selling the |
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containers or representing the seller from a driver's license or |
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other government-issued identification card that includes the |
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individual's photograph, and record the verification. |
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(c) A person shall retain a record obtained or made under |
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this section until the first anniversary of the later of the date |
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the containers are purchased or delivered. |
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(d) A person who violates Subsection (b) or (c) is liable to |
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this state for a civil penalty of $10,000 for each violation. |
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(e) A person who is in the business of recycling, shredding, |
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or destroying plastic bulk merchandise containers may not use an |
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artifice to avoid the application of this section, including |
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documenting purchases from the same person on the same day as |
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multiple transactions. A person who violates this subsection is |
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liable to this state for a civil penalty of $30,000 for each |
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violation. |
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(f) The attorney general or appropriate prosecuting |
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attorney may sue to collect a civil penalty under this section. |
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SECTION 2. This Act takes effect September 1, 2007. |