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A BILL TO BE ENTITLED
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AN ACT
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relating to sales of certain regulated material and to the criminal |
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penalties for violations relating to those sales. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1956.004, Occupations Code, is amended |
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to read as follows: |
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Sec. 1956.004. INFORMATION PROVIDED BY SELLER. (a) A |
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person attempting to sell regulated material to a secondhand metal |
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dealer shall: |
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(1) display to the secondhand metal dealer the |
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person's personal identification document; |
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(2) provide to the secondhand metal dealer the make, |
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model, and license plate number of the motor vehicle used to |
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transport the regulated material [or sign a statement that the
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person does not possess such a document]; and |
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(3) [(2)] sign a written statement provided by the |
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secondhand metal dealer that the person is the legal owner of or is |
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lawfully entitled to sell the regulated material offered for sale. |
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(b) A person required by a municipality to prepare a signed |
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statement consisting of the information required by Subsection |
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(a)(3) [(a)(1) or (2)] may use the statement required by the |
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municipality to comply with Subsection (a)(3) [(a)(1) or (2)]. |
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(c) The secondhand metal dealer or the dealer's agent shall |
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visually verify the accuracy of the identification presented by the |
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seller at the time of the purchase of regulated material and make a |
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copy of the identification to be maintained by the dealer in the |
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dealer's records. |
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SECTION 2. Section 1956.005, Occupations Code, is amended |
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to read as follows: |
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Sec. 1956.005. RECORD OF PURCHASE. (a) A secondhand metal |
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dealer in this state shall keep an accurate and legible written |
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record of each purchase made in the course of the dealer's business |
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from an individual of: |
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(1) copper or brass material [in excess of 50 pounds]; |
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(2) bronze material; or |
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(3) aluminum material in excess of 10 [40] pounds. |
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(b) The record must be in English and include: |
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(1) the place and date of the purchase; |
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(2) the name and address of each individual from whom |
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the regulated material is purchased or obtained; |
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(3) the identifying number of the seller's personal |
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identification document; |
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(4) a description made in accordance with the custom |
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of the trade of the type and quantity of regulated material |
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purchased; and |
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(5) the information [statement] required by Section |
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1956.004 [1956.004(a)(2)]. |
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SECTION 3. Section 1956.006, Occupations Code, is amended |
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to read as follows: |
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Sec. 1956.006. PRESERVATION OF RECORDS. A secondhand metal |
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dealer shall preserve each record required by Sections 1956.004 and |
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[Section] 1956.005 until the third anniversary of the date the |
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record was made. |
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SECTION 4. Section 1956.010, Occupations Code, is amended |
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to read as follows: |
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Sec. 1956.010. PROHIBITED ACTS. A person may not, with the |
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intent to deceive: |
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(1) display to a secondhand metal dealer a false or |
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invalid personal identification document in connection with the |
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person's attempted sale of regulated material; [or] |
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(2) make a false, material statement or representation |
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to a secondhand metal dealer in connection with: |
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(A) that person's execution of a written |
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statement required by Section 1956.004(a)(3) [1956.004(a)(1) or
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(2)]; or |
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(B) the dealer's efforts to obtain the |
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information required under Section 1956.005(b); or |
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(3) display or provide to a secondhand metal dealer |
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any information required under Section 1956.004 that the person |
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knows is false or invalid. |
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SECTION 5. Sections 1956.011(b), (c), and (d), Occupations |
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Code, are amended to read as follows: |
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(b) An [Except as provided by Subsection (c), an] offense |
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under this section is a felony of the third degree unless it is |
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shown on the trial of the offense that [Class B misdemeanor.
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[(c) An offense under this section is a Class A misdemeanor
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if] the person has been convicted of a violation of this subchapter |
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within the 24 [36] months preceding the date of the offense, in |
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which event the offense is a felony of the second degree, and[.
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[(d) On the conviction of a secondhand metal dealer for an
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offense punishable under Subsection (c),] a court, in addition to |
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imposing any other applicable penalty, may order that the dealer |
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cease doing business as a secondhand metal dealer for a period not |
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to exceed two years [30 days] from the date of the order for each |
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violation that forms the basis of the conviction. |
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SECTION 6. The change in law made by this Act applies only |
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to an offense committed on or after September 1, 2007. An offense |
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committed before September 1, 2007, is governed by the law in effect |
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when the offense was committed, and the former law is continued in |
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effect for that purpose. For purposes of this section, an offense |
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was committed before September 1, 2007, if any element of the |
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offense was committed before that date. |
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SECTION 7. This Act takes effect September 1, 2007. |