By: Carona S.B. No. 1154

A BILL TO BE ENTITLED

AN ACT

relating to sales of certain regulated material and to the criminal penalties for violations relating to those sales.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subdivision (5), Section 1956.001, Occupations Code, is amended to read as follows:

(5) "Personal identification document" means:

(A) a valid driver's license issued by a state within the United States;

(B) a United States military identification card; or

(C) [a passport issued by the United States or by another country and recognized by the United States; or

[(D)] a personal identification certificate issued by the department under Section 521.101, Transportation Code, or a corresponding card or certificate issued by another state.

SECTION 2. Section 1956.002, Occupations Code, is amended to read as follows:

Sec. 1956.002. EXCEPTION. This subchapter does not apply to a purchase of regulated material from a manufacturing, industrial, public utility, or other commercial vendor that sells regulated material in the ordinary course of the vendor's business.

SECTION 3. Section 1956.004, Occupations Code, is amended to read as follows:

Sec. 1956.004. INFORMATION PROVIDED BY SELLER. (a) Except as provided by Subsection (f), a [A] person attempting to sell regulated material to a secondhand metal dealer shall:

(1) display to the secondhand metal dealer the person's personal identification document;

(2) provide to the secondhand metal dealer the make, model, and license plate number of the motor vehicle used to transport the regulated material [or sign a statement that the person does not possess such a document]; and

(3) [(2)] sign a written statement provided by the secondhand metal dealer that the person is the legal owner of or is lawfully entitled to sell the regulated material offered for sale.

(b) A person required by a municipality to prepare a signed statement consisting of the information required by Subsection (a)(3) [(a)(1) or (2)] may use the statement required by the municipality to comply with Subsection (a)(3) [(a)(1) or (2)].

(c) The secondhand metal dealer or the dealer's agent shall visually verify the accuracy of the identification presented by the seller at the time of the purchase of regulated material and, except as provided by Subsection (f), shall make a copy of the identification to be maintained by the dealer in the dealer's records.

(d) The secondhand metal dealer or the dealer's agent for recordkeeping purposes may photograph the seller's entire face, not including any hat, and obtain the name of the seller's employer.

(e) The secondhand metal dealer or the dealer's agent for recordkeeping purposes may take a photograph of the motor vehicle of the seller in which the make, model, and license plate number of the motor vehicle are identifiable in lieu of the information required under Subsection (a)(2).

(f) The secondhand metal dealer is not required to make a copy of the identification as required under Subsection (c) or collect the information required under Subsection (a)(2) if:

(1) the seller signs the written statement as required under Subsection (a)(3);

(2) the seller has previously provided the information required under Subsection (a); and

(3) the previously provided information has not changed.

SECTION 4. Section 1956.005, Occupations Code, is amended to read as follows:

Sec. 1956.005. RECORD OF PURCHASE. (a) A secondhand metal dealer in this state shall keep an accurate and legible written record of each purchase made in the course of the dealer's business from an individual of:

(1) copper or brass material [in excess of 50 pounds];

(2) bronze material; or

(3) aluminum material in excess of 10 [40] pounds.

(b) The record must be in English and include:

(1) the place and date of the purchase;

(2) the name and address of each individual from whom the regulated material is purchased or obtained;

(3) the identifying number of the seller's personal identification document;

(4) a description made in accordance with the custom of the trade of the type and quantity of regulated material purchased; and

(5) the information [statement] required by Section 1956.004 [1956.004(a)(2)].

SECTION 5. Section 1956.006, Occupations Code, is amended to read as follows:

Sec. 1956.006. PRESERVATION OF RECORDS. A secondhand metal dealer shall preserve each record required by Sections 1956.004 and [Section] 1956.005 until the third anniversary of the date the record was made.

SECTION 6. Section 1956.010, Occupations Code, is amended to read as follows:

Sec. 1956.010. PROHIBITED ACTS. A person may not, with the intent to deceive:

(1) display to a secondhand metal dealer a false or invalid personal identification document in connection with the person's attempted sale of regulated material; [or]

(2) make a false, material statement or representation to a secondhand metal dealer in connection with:

(A) that person's execution of a written statement required by Section 1956.004(a)(3) [1956.004(a)(1) or (2)]; or

(B) the dealer's efforts to obtain the information required under Section 1956.005(b); or

(3) display or provide to a secondhand metal dealer any information required under Section 1956.004 that the person knows is false or invalid.

SECTION 7. Section 1956.011, Occupations Code, is amended to read as follows:

Sec. 1956.011. CRIMINAL PENALTIES [PENALTY]. (a) A person commits an offense if the person knowingly violates a provision of this subchapter.

An [(b)Except as provided by Subsection (c), an] offense under Section 1956.005 or 1956.006 [this section] is a Class B misdemeanor unless it is shown on trial of the offense that[.

[(c) An offense under this section is a Class A misdemeanor if] the person has previously been convicted of a violation of this subchapter, in which event the offense is a Class A misdemeanor [within the 36 months preceding the date of the offense].

(b) An offense under Section 1956.010 is a Class A misdemeanor unless it is shown on trial of the offense that the person has previously been convicted of a violation of this subchapter, in which event the offense is a state jail felony.

(c) A person commits an offense if the person knowingly buys stolen regulated material. An offense under this subsection is a Class A misdemeanor unless it is shown on trial of the offense that the person has previously been convicted under this subsection, in which event the offense is a state jail felony.

(d) A person commits an offense if the person knowingly sells stolen regulated material. An offense under this subsection is a state jail felony unless it is shown on trial of the offense that the person has previously been convicted under this subsection, in which event the offense is a third degree felony.

(e) On the conviction of a secondhand metal dealer for an offense punishable under Subsection (a) or (c), a court, in addition to imposing any other applicable penalty, may order that the dealer cease doing business as a secondhand metal dealer for a period not to exceed:

(1) 30 days from the date of the order for each violation that forms the basis of the conviction for a first offense; and

(2) 180 days from the date of the order for each violation that forms the basis of the conviction if it is shown on trial of the offense that the person has previously been convicted under this section.

(f) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section or the other law.

SECTION 8. The change in law made by this Act applies only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is governed by the law in effect when the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Act if any element of the offense was committed before that date.

SECTION 9. This Act takes effect September 1, 2007.