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SENATE RESOLUTION
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BE IT RESOLVED by the Senate of the State of Texas, 80th |
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Legislature, Regular Session, 2007, That Senate Rule 12.03 be |
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suspended in part as provided by Senate Rule 12.08 to enable the |
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conference committee appointed to resolve the differences on |
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Senate Bill No. 1154 (registration and regulation of metal |
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recycling entities; providing penalties) to consider and take |
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action on the following matter: |
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Senate Rules 12.03(3) and (4) are suspended to permit the |
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committee to change the text of SECTION 2 of the bill by adding |
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new Subdivision (3), Section 1956.002, Occupations Code, to read |
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as follows: |
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(3) the transport or hauling of recyclable |
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materials to or from the metal recycling entity. |
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Explanation: The addition of the subdivision is necessary |
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to provide that the chapter does not apply to the transport or |
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hauling of recyclable materials to or from the metal recycling |
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entity. |
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Senate Rule 12.03(4) is suspended to permit the committee |
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to change the text of SECTION 2 of the bill by adding new |
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Subsections (b-1), (c), (d), and (e), Section 1956.003, |
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Occupations Code, to read as follows: |
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(b-1) A municipality or political subdivision of this |
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state, other than a county, may not increase the local license or |
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permit fee imposed on a metal recycling facility to an amount |
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that exceeds 25 percent of the fee charged by the municipality or |
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political subdivision on January 1, 2007. This subsection |
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expires January 1, 2010. |
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(c) A county, municipality, or political subdivision of |
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this state that issues a license or permit to a business as |
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authorized under Subsection (b) shall submit to the department in |
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the manner required by the department information on each |
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business that is issued a license or permit. |
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(d) A municipality or political subdivision of this |
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state, other than a county, may not increase the local license or |
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permit fee imposed on a metal recycling facility unless the |
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increase is approved by the local governing body. A request for |
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an increase in the local license or permit fee must be based on |
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the costs associated with law enforcement and administration of |
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the licensing or permitting program. The municipality or |
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political subdivision must submit a report to the department on |
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the law enforcement and administrative costs associated with the |
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fee increase. |
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(e) A county may increase the local license or permit fee |
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imposed on a metal recycling facility one additional time before |
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the second anniversary of the date of the initial fee increase. |
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The fee increase must be based on the average cost charged by |
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municipalities statewide. |
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Explanation: The addition of the provisions to the bill is |
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necessary to authorize and regulate local metal recycling entity |
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licenses and permits. |
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Senate Rule 12.03(4) is suspended to permit the committee |
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to change the text of SECTION 2 of the bill by adding new |
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Subchapters A-1 and A-2, Chapter 1956, Occupations Code, to read |
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as follows: |
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SUBCHAPTER A-1. POWERS AND DUTIES |
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Sec. 1956.011. ADMINISTRATION OF CHAPTER. The |
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department shall administer this chapter. |
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Sec. 1956.012. DEPARTMENT STAFF. The department may |
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employ administrative and clerical staff as necessary to carry |
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out this chapter. |
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Sec. 1956.013. RULES. The commission may adopt rules to |
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administer this chapter, including rules: |
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(1) establishing minimum requirements for |
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registration under this chapter; and |
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(2) adopting forms required by this chapter. |
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Sec. 1956.014. FEES; REPORTS. (a) The commission by |
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rule shall prescribe fees in reasonable amounts sufficient to |
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cover the costs of administering this chapter, including fees |
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for: |
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(1) an initial application for a certificate of |
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registration; |
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(2) issuance of a certificate of registration; |
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(3) issuance of a renewal certificate of |
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registration; and |
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(4) issuance of a duplicate certificate of |
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registration or duplicate renewal certificate of registration. |
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(b) The commission may not impose a fee for issuance of a |
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certificate of registration that exceeds $250 annually. The |
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department shall report annually to the legislature, not later |
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than December 1, any costs associated with administering this |
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chapter that are not covered by the fees assessed under this |
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chapter. |
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(c) The department annually shall submit to both houses |
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of the legislature a report on the number of metal recycling |
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entities who have complied with the registration requirements |
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under this chapter and the total number of metal recycling |
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entities identified statewide. The report must include the |
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information on metal recycling entities submitted to the |
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department by municipalities, counties, and other political |
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subdivisions of this state. |
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(d) Not later than March 1, 2008, the department shall |
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submit to both houses of the legislature a report on the actual |
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costs incurred by the department in administering this chapter. |
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This subsection expires January 1, 2009. |
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Sec. 1956.015. STATEWIDE ELECTRONIC REPORTING SYSTEM. |
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(a) The department shall establish a statewide electronic |
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reporting system to track the sales of regulated metal reported |
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to the department under Section 1956.036. |
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(b) The department shall post a summary of the reports |
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provided to the department under Section 1956.036 on the |
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department's Internet website. The summary must include by |
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county or region the frequency with which a person presents |
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regulated materials for sale to a metal recycling entity. The |
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summary may not identify any person to which the metal recycling |
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entity sells the regulated materials. |
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(c) Subsection (b) does not apply to regulated material |
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sold by a utility company, municipality, manufacturer, railroad, |
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cemetery, cable or satellite entity, or other business entity |
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that routinely has access to regulated metal. |
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(d) The department shall maintain the confidentiality of |
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information provided under this section that relates to the |
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financial condition or business affairs of a metal recycling |
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entity or that is otherwise commercially sensitive. The |
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confidential information is not subject to disclosure under |
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Chapter 552, Government Code. |
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[Sections 1956.016-1956.020 reserved for expansion] |
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SUBCHAPTER A-2. CERTIFICATE OF REGISTRATION |
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Sec. 1956.021. REGISTRATION REQUIRED. A person may not |
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act as a metal recycling entity or represent to the public that |
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the person is a metal recycling entity unless the person is |
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registered under this chapter. |
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Sec. 1956.022. ISSUANCE OF CERTIFICATE; QUALIFICATIONS. |
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(a) The department shall issue a certificate of registration to |
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an applicant who: |
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(1) applies and pays a registration fee; and |
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(2) presents any relevant evidence relating to the |
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applicant's qualifications as required by commission rule. |
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(b) The commission by rule may establish qualifications |
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for the holder of a certificate of registration under this |
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chapter, which may include accepting copies of a license or |
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permit issued by a county or municipality authorizing a metal |
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recycling entity to conduct business in that county or |
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municipality. |
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Sec. 1956.023. TERM OF CERTIFICATE. (a) A certificate |
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of registration is valid for two years after the date of |
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issuance. |
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(b) The department shall adopt a system under which |
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certificates of registration expire and are renewed on various |
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dates. |
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(c) Not later than the 45th day before the date a person's |
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certificate of registration is scheduled to expire, the |
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department shall send written notice of the impending expiration |
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to the person at the person's last known address according to the |
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records of the department. |
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(d) A person whose certificate of registration has |
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expired may not make a representation for which a certificate of |
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registration is required under Section 1956.021 or perform |
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collections services until the certificate has been renewed. |
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Sec. 1956.024. RENEWAL OF CERTIFICATE. (a) To renew a |
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certificate of registration, a person must submit an application |
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for renewal in the manner prescribed by the department. |
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(b) A person who is otherwise eligible to renew a |
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certificate of registration may renew an unexpired certificate |
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by paying the required renewal fee to the department before the |
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expiration date of the certificate. |
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(c) A person whose certificate of registration has been |
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expired for 90 days or less may renew the certificate by paying to |
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the department a renewal fee that is equal to 1-1/2 times the |
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normally required renewal fee. |
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(d) A person whose certificate of registration has been |
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expired for more than 90 days but less than one year may renew the |
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certificate by paying to the department a renewal fee that is |
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equal to two times the normally required renewal fee. |
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(e) A person whose certificate of registration has been |
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expired for one year or more may not renew the certificate. The |
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person may obtain a new certificate of registration by complying |
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with the requirements and procedures, including the examination |
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requirements, for an original certificate. |
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Explanation: The addition of the subchapters is necessary |
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to authorize the Texas Department of Public Safety and Public |
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Safety Commission to administer the chapter, employ staff, adopt |
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rules, prescribe fees, issue reports, establish a statewide |
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electronic reporting system, and register metal recycling |
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entities. |
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Senate Rule 12.03(4) is suspended to permit the committee |
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to add the following: |
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SECTION 4. Chapter 1956, Occupations Code, is amended by |
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adding Subchapters D and E to read as follows: |
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SUBCHAPTER D. DISCIPLINARY PROCEDURES |
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Sec. 1956.151. DENIAL OF CERTIFICATE; DISCIPLINARY |
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ACTION. The department shall deny an application for a |
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certificate of registration, suspend or revoke a certificate of |
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registration, or reprimand a person who is registered under this |
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chapter if the person: |
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(1) obtains a certificate of registration by means |
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of fraud, misrepresentation, or concealment of a material fact; |
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(2) sells, barters, or offers to sell or barter a |
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certificate of registration; |
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(3) violates a rule adopted under this chapter; or |
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(4) violates Section 1956.021. |
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Sec. 1956.152. INVESTIGATION. Within the limits of |
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available resources, the department may investigate: |
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(1) a person who engages in a practice that violates |
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this chapter; and |
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(2) a complaint filed with the department against a |
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person registered under this chapter. |
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Sec. 1956.153. HEARING. (a) A person whose application |
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for a certificate of registration is denied, whose certificate of |
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registration is suspended or revoked, or who is reprimanded is |
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entitled to a hearing before the department if the person submits |
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to the department a written request for the hearing. |
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(b) A hearing is governed by department rules for a |
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contested hearing and by Chapter 2001, Government Code. |
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[Sections 1956.154-1956.200 reserved for expansion] |
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SUBCHAPTER E. OTHER PENALTIES AND ENFORCEMENT PROVISIONS |
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Sec. 1956.201. ENFORCEMENT PROCEEDINGS; INJUNCTION. (a) |
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The department, the attorney general, or the district, county, or |
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city attorney for the county or municipality in which an alleged |
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violation of this chapter occurs may, on receipt of a verified |
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complaint, bring an appropriate administrative or judicial |
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proceeding to enforce this chapter or a rule adopted under this |
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chapter. |
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(b) The attorney general or an attorney representing the |
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state may initiate an action for an injunction to prohibit a |
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person from violating this chapter or a rule adopted under this |
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chapter. |
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Sec. 1956.202. CIVIL PENALTY. (a) A person who violates |
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this chapter or a rule adopted under this chapter is liable to |
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this state for a civil penalty of not more than $1,000 for each |
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violation. |
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(b) The amount of the penalty shall be based on: |
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(1) the seriousness of the violation; |
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(2) the history of previous violations; |
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(3) the amount necessary to deter a future |
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violation; and |
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(4) any other matter that justice may require. |
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(c) The attorney general may sue to collect a civil |
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penalty under this section. In the suit the attorney general may |
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recover, on behalf of the state, the reasonable expenses incurred |
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in obtaining the penalty, including investigation and court |
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costs, reasonable attorney's fees, witness fees, and other |
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expenses. |
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Sec. 1956.203. CRIMINAL PENALTY FOR CERTAIN |
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SOLICITATION. (a) A person commits an offense if the person |
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solicits the purchase of regulated material at a location other |
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than a business location at which the material is produced as a |
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by-product in the ordinary course of that business. |
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(b) An offense under this section is a Class B |
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misdemeanor. |
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Explanation: The addition of the subchapters is necessary |
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to authorize the Texas Department of Public Safety to take |
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disciplinary action and to conduct an investigation and to |
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provide for the imposition of penalties and enforcement |
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provisions. |
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Senate Rule 12.03(4) is suspended to permit the committee |
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to add the following: |
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SECTION 5. Subdivision (1), Section 1956.101, |
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Occupations Code, is repealed. |
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Explanation: The repeal of a definition applicable to a |
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subchapter is necessary to conform to the addition of a |
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definition applicable to the entire subchapter. |
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Senate Rule 12.03(4) is suspended to permit the committee |
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to add the following: |
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SECTION 6. (a) Not later than January 1, 2008, the |
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Public Safety Commission shall adopt the rules necessary to |
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implement the changes in law made by this Act to Chapter 1956, |
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Occupations Code. |
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(b) Not later than April 1, 2008, the Department of |
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Public Safety of the State of Texas shall establish the statewide |
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reporting system to track the sales of regulated metal as |
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required under Chapter 1956, Occupations Code, as amended by this |
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Act. |
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Explanation: The addition of SECTION 6 is necessary to |
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reflect the addition of SECTION 5 to the conference committee |
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report. |
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Senate Rule 12.03(4) is suspended to permit the committee |
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to add the following: |
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SECTION 7. Notwithstanding Section 1956.021, |
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Occupations Code, as added by this Act, a person is not required |
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to hold a certificate of registration as a metal recycling entity |
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under Chapter 1956, Occupations Code, as amended by this Act, |
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before April 1, 2008. |
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Explanation: The addition is necessary to reflect the |
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addition of the registration provisions to the conference |
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committee report. |
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_______________________________ |
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President of the Senate |
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I hereby certify that the |
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above Resolution was adopted by |
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the Senate on May 26, 2007. |
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_______________________________ |
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Secretary of the Senate |