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A BILL TO BE ENTITLED
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AN ACT
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relating to restrictions on the purchase of certain regulated |
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metals by metal recycling entities; providing a criminal penalty. |
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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; and |
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(O) catalytic converters. |
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SECTION 2. Sections 1956.032(d) and (e), Occupations Code, |
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are amended to read as follows: |
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(d) The metal recycling entity or the entity's agent for |
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recordkeeping purposes may [photograph the seller's entire face,
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not including any hat, and] obtain the name of the seller's |
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employer. |
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(e) At the time of purchase of the regulated material, the |
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[The] metal recycling entity or the entity's agent for |
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recordkeeping purposes shall: |
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(1) [may] take a clear digital still photograph of: |
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(A) the motor vehicle and any trailer attached to |
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the motor vehicle of the seller in which the make, model, and |
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license plate number of the motor vehicle and trailer are |
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identifiable; |
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(B) the regulated material being purchased; and |
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(C) the seller that clearly depicts the seller's |
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facial features; and |
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(2) take a clear and legible thumbprint impression of |
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the seller [in lieu of the information required under Subsection
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(a)(3)]. |
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SECTION 3. Sections 1956.036(a) and (b), Occupations Code, |
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are amended to read as follows: |
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(a) Except as provided by Subsection (b), not later than the |
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seventh day after the date of the purchase or other acquisition of |
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material for which a record is required under Section 1956.033, a |
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metal recycling entity shall electronically submit [send by
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facsimile or electronic mail] to [or file with] the department a |
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report containing the information required to be recorded under |
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that section. |
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(b) If a metal recycling entity purchases bronze material |
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that is a cemetery vase, receptacle, memorial, or statuary or a pipe |
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that can reasonably be identified as aluminum irrigation pipe, the |
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entity shall: |
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(1) not later than the close of business on the |
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entity's first working day after the purchase date, notify the |
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department; and |
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(2) not later than the fifth day after the purchase |
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date, electronically submit [mail] to [or file with] the department |
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a report containing the information required to be recorded under |
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Section 1956.033. |
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SECTION 4. Section 1956.037, Occupations Code, is amended |
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by amending Subsection (a) and adding Subsection (a-1) to read as |
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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 metal unless: |
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(1) the entity acquired the item more than five days |
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[72 hours], excluding weekends and holidays, before the date of the |
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disposal, processing, sale, or removal; or |
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(2) 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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(a-1) Notwithstanding Subsection (a), a metal recycling |
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entity may not dispose of material for which a record is required |
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under Section 1956.033 until the entity has submitted the report |
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required by Section 1956.036. |
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SECTION 5. Section 1956.040, Occupations Code, is amended |
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by adding Subsection (f) to read as follows: |
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(f) A person commits an offense if the person violates |
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Section 1956.021. An offense under this subsection is a state jail |
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felony. |
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SECTION 6. The changes in law made by this Act by the |
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amendment of Sections 1956.036(a) and (b), Occupations Code, apply |
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only to a report required to be submitted to the Department of |
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Public Safety on or after January 1, 2010. A report required to be |
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submitted before January 1, 2010, is governed by the law in effect |
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on the date the report is required to be submitted, and the former |
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law is continued in effect for that purpose. |
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SECTION 7. This Act takes effect September 1, 2009. |