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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. Subdivision (5), Section 1956.001, Occupations |
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Code, is amended to read as follows: |
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(5) "Personal identification document" means: |
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(A) a valid driver's license issued by a state |
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within the United States; |
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(B) a United States military identification |
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card; or |
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(C) [a passport issued by the United States or by
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another country and recognized by the United States; or
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[(D)] a personal identification certificate |
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issued by the department under Section 521.101, Transportation |
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Code, or a corresponding card or certificate issued by another |
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state. |
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SECTION 2. Section 1956.002, Occupations Code, is amended |
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to read as follows: |
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Sec. 1956.002. EXCEPTION. This subchapter does not apply |
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to a purchase of regulated material from a manufacturing, |
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industrial, public utility, or other commercial vendor that sells |
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regulated material in the ordinary course of the vendor's business. |
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SECTION 3. 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) Except |
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as provided by Subsection (f), a [A] person attempting to sell |
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regulated material to a secondhand metal 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, except |
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as provided by Subsection (f), shall make a copy of the |
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identification to be maintained by the dealer in the dealer's |
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records. |
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(d) The secondhand metal dealer or the dealer's agent for |
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recordkeeping purposes may photograph the seller's entire face, not |
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including any hat, and obtain the name of the seller's employer. |
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(e) The secondhand metal dealer or the dealer's agent for |
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recordkeeping purposes may take a photograph of the motor vehicle |
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of the seller in which the make, model, and license plate number of |
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the motor vehicle are identifiable in lieu of the information |
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required under Subsection (a)(2). |
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(f) The secondhand metal dealer is not required to make a |
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copy of the identification as required under Subsection (c) or |
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collect the information required under Subsection (a)(2) if: |
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(1) the seller signs the written statement as required |
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under Subsection (a)(3); |
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(2) the seller has previously provided the information |
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required under Subsection (a); and |
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(3) the previously provided information has not |
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changed. |
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SECTION 4. 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 5. 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 6. 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 7. Section 1956.011, Occupations Code, is amended |
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to read as follows: |
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Sec. 1956.011. CRIMINAL PENALTIES [PENALTY]. (a) A person |
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commits an offense if the person knowingly violates a provision of |
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this subchapter. |
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An [(b) Except as provided by Subsection (c), an] offense |
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under Section 1956.005 or 1956.006 [this section] is a Class B |
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misdemeanor unless it is shown on trial of the offense that[.
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[(c)
An offense under this section is a Class A misdemeanor
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if] the person has previously been convicted of a violation of this |
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subchapter, in which event the offense is a Class A misdemeanor |
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[within the 36 months preceding the date of the offense]. |
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(b) An offense under Section 1956.010 is a Class A |
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misdemeanor unless it is shown on trial of the offense that the |
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person has previously been convicted of a violation of this |
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subchapter, in which event the offense is a state jail felony. |
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(c) A person commits an offense if the person knowingly buys |
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stolen regulated material. An offense under this subsection is a |
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Class A misdemeanor unless it is shown on trial of the offense that |
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the person has previously been convicted under this subsection, in |
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which event the offense is a state jail felony. |
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(d) A person commits an offense if the person knowingly |
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sells stolen regulated material. An offense under this subsection |
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is a state jail felony unless it is shown on trial of the offense |
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that the person has previously been convicted under this |
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subsection, in which event the offense is a third degree felony. |
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(e) On the conviction of a secondhand metal dealer for an |
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offense punishable under Subsection (a) or (c), a court, in |
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addition to imposing any other applicable penalty, may order that |
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the dealer cease doing business as a secondhand metal dealer for a |
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period not to exceed: |
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(1) 30 days from the date of the order for each |
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violation that forms the basis of the conviction for a first |
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offense; and |
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(2) 180 days from the date of the order for each |
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violation that forms the basis of the conviction if it is shown on |
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trial of the offense that the person has previously been convicted |
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under this section. |
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(f) If conduct that constitutes an offense under this |
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section also constitutes an offense under any other law, the actor |
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may be prosecuted under this section or the other law. |
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SECTION 8. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect when the offense was committed, and |
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the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense was |
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committed before that date. |
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SECTION 9. This Act takes effect September 1, 2007. |
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