| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to information obtained regarding the sale of plastic bulk |
|
|
merchandise containers; providing a criminal penalty. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter D, Chapter 35, Business & Commerce |
|
|
Code, is amended by adding Section 35.63 to read as follows: |
|
|
Sec. 35.63. SALE OF PLASTIC BULK MERCHANDISE CONTAINER. |
|
|
(a) In this section: |
|
|
(1) "Plastic bulk merchandise container" means a |
|
|
plastic crate or shell used by a product producer, distributor, or |
|
|
retailer for the bulk transportation or storage of retail |
|
|
containers of milk, eggs, or bottled beverage products. |
|
|
(2) "Proof of ownership" includes a bill of sale or |
|
|
other evidence showing that an item has been sold to the person |
|
|
possessing the item. |
|
|
(b) A person who is in the business of recycling, shredding, |
|
|
or destroying plastic bulk merchandise containers, before |
|
|
purchasing five or more plastic bulk merchandise containers from |
|
|
the same person, shall: |
|
|
(1) obtain from that person: |
|
|
(A) proof of ownership for the containers; and |
|
|
(B) a record that contains: |
|
|
(i) the name, address, and telephone number |
|
|
of the person or the person's authorized representative; |
|
|
(ii) the name and address of the buyer of |
|
|
the containers or any consignee of the containers; |
|
|
(iii) a description of the containers, |
|
|
including the number of the containers to be sold; and |
|
|
(iv) the date of the transaction; and |
|
|
(2) verify the identity of the individual selling the |
|
|
containers or representing the seller from a driver's license or |
|
|
other government-issued identification card that includes the |
|
|
individual's photograph, and record the verification. |
|
|
(c) A person shall retain a record obtained or made under |
|
|
this section until the first anniversary of the later of the date |
|
|
the containers are purchased or delivered. |
|
|
(d) A person who violates this section commits an offense. |
|
|
An offense under this subsection is a Class C misdemeanor. |
|
|
SECTION 2. This Act takes effect September 1, 2007. |