| TO: | Honorable John Carona, Chair, Senate Committee on Transportation & Homeland Security |
| FROM: | John S. O'Brien, Director, Legislative Budget Board |
| IN RE: | SB1154 by Carona (Relating to sales of certain regulated material and to the criminal penalties for violations relating to those sales.), Committee Report 1st House, Substituted |
The bill would amend the Chapter 1956 of the Occupations Code by further defining the term “personal identification document” and would add an exception to public utility vendors. The bill states that a person attempting to sell regulated material to a secondhand metal dealer shall provide to the secondhand dealer the make, model, and license plate number of the motor vehicle used to transport the regulated material. The secondhand metal dealer is also required to make a copy of the identification to be maintained in the dealer's records. The bill states that a secondhand metal dealer or dealer’s agent may photograph the seller’s entire face, not including a hat, and obtain the name of the seller’s employer. The bill states that a photograph of the seller’s motor vehicle is identifiable in lieu of other identification. The bill states the secondhand metal dealer is not required to make a copy of identification if the seller signs a written statement or has provided information previously and that information has not changed.
The bill states that a person may not, with the intent to deceive, display or provide to a secondhand metal dealer any information that the person knows is false or invalid. The bill states that a violation under this section of the Occupations Code is a class B misdemeanor unless the person has been convicted of violating this section previously in which case the offense would be a Class A misdemeanor. The bill states that a violation under this section of the Occupations Code is a class A misdemeanor unless the person has been convicted of violating this section previously in which case the offense would be a state jail felony. The bill states that a violation under this section of the Occupations Code is a state jail felony unless the person has been convicted of violating this section previously in which case the offense would be a third degree felony.
The bill states that the court may order the dealer cease doing business as a secondhand metal dealer for various time periods based on the initial conviction period. The bill would take effect on September 1, 2007.
| Source Agencies: | 405 Department of Public Safety
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| LBB Staff: | JOB, KJG, GG, LG
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