| |
|
|
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. |
|
|
|
|
|
* * * * * |