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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of metal recycling entities; providing |
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penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1956.001(10), Occupations Code, is |
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amended to read as follows: |
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(10) "Regulated metal" means: |
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(A) manhole covers; |
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(B) guardrails; |
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(C) metal cylinders designed to contain |
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compressed air, oxygen, gases, or liquids; |
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(D) beer kegs made from metal other than |
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aluminum; |
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(E) historical markers or cemetery vases, |
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receptacles, or memorials made from metal other than aluminum; |
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(F) unused rebar; |
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(G) street signs; |
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(H) drain gates; |
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(I) safes; |
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(J) communication, transmission, and service |
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wire or cable; |
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(K) condensing or evaporator coils for heating or |
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air conditioning units; |
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(L) utility structures, including the fixtures |
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and hardware; |
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(M) aluminum or stainless steel containers |
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designed to hold propane for fueling forklifts; [and] |
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(N) metal railroad equipment, including tie |
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plates, signal houses, control boxes, signs, signals, traffic |
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devices, traffic control devices, traffic control signals, switch |
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plates, e-clips, and rail tie functions; |
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(O) catalytic converters; |
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(P) metal bleachers or other seating facilities |
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used in recreational areas or sporting arenas; |
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(Q) plumbing or electrical fixtures; |
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(R) tools; |
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(S) machinery or supplies commonly used in the |
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drilling, completing, operating, or repairing of oil or gas wells; |
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(T) stainless steel fittings and fixtures |
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commonly used in the operation of car wash facilities; and |
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(U) any metal item marked with any form of the |
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name, initials, or logo of a government entity, utility, cemetery, |
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or railroad. |
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SECTION 2. Section 1956.032(e), Occupations Code, is |
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amended to read as follows: |
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(e) The metal recycling entity or the entity'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) [(a)(3)]. |
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SECTION 3. Section 1956.037(a), Occupations Code, is |
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amended to read as follows: |
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(a) A metal recycling entity may not dispose of, process, |
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sell, or remove from the premises an item of regulated material |
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[metal] unless: |
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(1) the entity acquired the item more than 72 hours, |
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excluding weekends and holidays, before the disposal, processing, |
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sale, or removal; [or] |
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(2) for purchases of 35 pounds or more of regulated |
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material, the entity holds the material separate and apart from all |
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other purchases so that the regulated material may be readily |
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identifiable for a period of not less than 10 days, excluding |
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weekends and holidays, before the disposal, processing, sale, or |
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removal; or |
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(3) the entity purchased the item from a |
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manufacturing, industrial, commercial, retail, or other seller |
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that sells regulated material in the ordinary course of its |
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business. |
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SECTION 4. Subchapter A-3, Chapter 1956, Occupations Code, |
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is amended by adding Sections 1956.0395 and 1956.0396 to read as |
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follows: |
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Sec. 1956.0395. PURCHASE FROM MINOR. (a) A metal recycling |
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entity may not purchase regulated material from a person younger |
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than 18 years of age unless a written statement from the seller's |
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parent or legal guardian consenting to the transaction is provided |
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to the entity before the transaction. |
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(b) The metal recycling entity shall retain the statement |
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with the records required to be kept under this subchapter. |
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Sec. 1956.0396. INSULATED WIRE. A metal recycling entity |
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may not purchase or otherwise receive wire that has been burned in |
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whole or in part to remove the insulation. |
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SECTION 5. Section 1956.151, Occupations Code, is amended |
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to read as follows: |
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Sec. 1956.151. DENIAL OF CERTIFICATE; DISCIPLINARY ACTION. |
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The department shall deny an application for a certificate of |
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registration, suspend or revoke a certificate of registration, or |
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reprimand a person who is registered under this chapter if the |
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person: |
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(1) obtains a certificate of registration by means of |
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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 this chapter or a rule adopted under this |
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chapter; or |
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(4) violates Section 1956.021. |
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SECTION 6. This Act takes effect September 1, 2009. |