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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. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 1956.032(a) and (f), Occupations Code, |
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are amended to read as follows: |
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(a) Except as provided by Subsection (f), a person |
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attempting to sell regulated material to a metal recycling entity |
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shall: |
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(1) display to the metal recycling entity the person's |
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personal identification document; |
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(2) provide to the metal recycling entity the make, |
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model, and license plate number of the motor vehicle used to |
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transport the regulated material; [and] |
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(3) either: |
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(A) present written documentation evidencing |
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that the person is the legal owner or is lawfully entitled to sell |
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the regulated material; or |
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(B) sign a written statement provided by the |
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metal recycling entity that the person is the legal owner of or is |
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lawfully entitled to sell the regulated material offered for sale; |
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and |
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(4) submit to the metal recycling entity a complete |
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set of legible fingerprints on a fingerprint card that is: |
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(A) approved by the department; |
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(B) provided by the metal recycling entity; and |
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(C) completed at the time of sale in the presence |
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of the metal recycling entity or the entity's agent. |
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(f) The metal recycling entity is not required to make a |
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copy of the identification as required under Subsection (c) or |
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collect the information required under Subsections [Subsection] |
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(a)(3) and (4) if: |
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(1) the seller signs the written statement as required |
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under Subsection (a)(3); |
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(2) the seller has previously provided the information |
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required under Subsection (a); and |
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(3) the previously provided information has not |
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changed. |
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SECTION 2. Section 1956.033(b), Occupations Code, is |
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amended to read as follows: |
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(b) The record must be in English and include: |
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(1) the place and date of the purchase; |
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(2) the name and address of each individual from whom |
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the regulated material is purchased or obtained; |
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(3) the identifying number of the seller's personal |
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identification document; |
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(4) a description made in accordance with the custom |
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of the trade of the type and quantity of regulated material |
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purchased; and |
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(5) the information required by Sections [Section] |
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1956.032(a)(3) and (4). |
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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 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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SECTION 4. Subchapter A-3, Chapter 1956, Occupations Code, |
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is amended by adding Section 1956.0391 to read as follows: |
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Sec. 1956.0391. FORM OF PAYMENT. A metal recycling entity |
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may not pay for a purchase of regulated material with cash. The |
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metal recycling entity shall make payment for a purchase of |
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regulated material by mailing to the seller's home or business |
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address a draft drawn on a depository account of a financial |
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institution that has its main operating office or a branch in this |
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state. |
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SECTION 5. The change in law made by this Act applies only |
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to a purchase of regulated material made on or after the effective |
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date of this Act. A purchase of regulated material made before the |
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effective date of this Act is governed by the law in effect when the |
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material was purchased, and the former law is continued in effect |
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for that purpose. |
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SECTION 6. This Act takes effect September 1, 2009. |