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A BILL TO BE ENTITLED
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AN ACT
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relating to the requirement that a seller of regulated material to a |
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metal recycling entity present evidence of an occupational license. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1956.001, Occupations Code, is amended |
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by adding Subdivision (7-a) to read as follows: |
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(7-a) "Occupational license" means a license, |
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certificate, registration, permit, or other form of authorization |
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required by law or rule that must be obtained by an individual to |
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engage in a particular business or occupation. |
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SECTION 2. Section 1956.032(a), Occupations Code, is |
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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) display to the metal recycling entity the person's |
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occupational license or, if the person does not have an |
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occupational license, the occupational license of the person's |
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employer. |
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SECTION 3. 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 and of the occupational license presented |
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by the seller; |
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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 Section |
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1956.032(a)(3). |
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SECTION 4. This Act takes effect September 1, 2009. |