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A BILL TO BE ENTITLED
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AN ACT
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relating to regulations regarding the sale of plastic bulk |
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merchandise containers; 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 35.63, Business & Commerce Code, as |
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added by Chapter 307 (H.B. 1871), Acts of the 80th Legislature, |
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Regular Session, 2007, is amended by adding Subsections (g) and (h) |
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to read as follows: |
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(g) A person who violates this section commits an offense. |
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Except as provided by Subsection (h), an offense under this |
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subsection is a Class C misdemeanor punishable by: |
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(1) a fine not to exceed $350, if the total purchase |
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price of the plastic bulk merchandise containers to which the |
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offense relates is less than $1,000; or |
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(2) a fine not to exceed $700, if the total purchase |
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price of the plastic bulk merchandise containers to which the |
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offense relates is $1,000 or more. |
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(h) If it is shown on the trial of an offense under this |
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section that the defendant has been previously convicted of an |
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offense under this section based on the same type of violation, the |
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offense is punishable by a fine not to exceed twice the maximum |
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amount of the fine prescribed for a first offense under this |
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section. |
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SECTION 2. Chapter 204, Business & Commerce Code, as |
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effective September 1, 2009, is amended by adding Section 204.005 |
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to read as follows: |
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Sec. 204.005. CRIMINAL PENALTY. (a) A person who violates |
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this chapter commits an offense. |
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(b) Except as provided by Subsection (c), an offense under |
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this section is a Class C misdemeanor punishable by: |
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(1) a fine not to exceed $350, if the total purchase |
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price of the plastic bulk merchandise containers to which the |
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offense relates is less than $1,000; or |
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(2) a fine not to exceed $700, if the total purchase |
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price of the plastic bulk merchandise containers to which the |
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offense relates is $1,000 or more. |
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(c) If it is shown on the trial of an offense under this |
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section that the defendant has been previously convicted of an |
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offense under this section based on the same type of violation, the |
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offense is punishable by a fine not to exceed twice the maximum |
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amount of the fine prescribed for a first offense under this |
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section. |
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SECTION 3. (a) Section 1 of this Act takes effect only if |
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the Act of the 81st Legislature, Regular Session, 2009, relating to |
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nonsubstantive additions to and corrections in existing codes does |
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not become law. |
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(b) Section 2 of this Act takes effect only if the Act of the |
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81st Legislature, Regular Session, 2009, relating to |
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nonsubstantive additions to and corrections in existing codes |
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becomes law. |
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SECTION 4. This Act takes effect September 1, 2009. |