81R8014 YDB-F

By: Riddle H.B. No. 3681

A BILL TO BE ENTITLED

AN ACT

relating to the regulation of metal recycling entities; providing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. The heading to Section 1956.003, Occupations Code, is amended to read as follows:

Sec. 1956.003. LOCAL LAW; CRIMINAL PENALTY.

SECTION 2. Section 1956.003, Occupations Code, is amended by adding Subsection (f) to read as follows:

(f) A person commits an offense if the person owns or operates a metal recycling entity without holding a license or permit issued by the governing body of the county, municipality, or political subdivision of this state that has jurisdiction under this section to issue a permit or license to the entity. An offense under this subsection is a state jail felony.

SECTION 3. Section 1956.032(e), Occupations Code, is amended to read as follows:

(e) The metal recycling entity or the entity's agent for recordkeeping purposes may take a photograph of the motor vehicle of the seller in which the make, model, and license plate number of the motor vehicle are identifiable in lieu of the information required under Subsection (a)(2) [(a)(3)].

SECTION 4. Section 1956.033, Occupations Code, is amended to read as follows:

Sec. 1956.033. RECORD OF PURCHASE. (a) Each metal recycling entity in this state shall make a digital photographic or video record of the seller and the materials involved in each regulated material transaction and keep an accurate electronic record and [or] an accurate and legible written record of each purchase made in the course of the entity's business from an individual of:

(1) copper or brass material;

(2) bronze material;

(3) aluminum material; or

(4) regulated metal.

(b) The record must be in English and include:

(1) the place and date of the purchase;

(2) the name and address of each individual from whom the regulated material is purchased or obtained;

(3) the identifying number of the seller's personal identification document;

(4) a clear and legible thumbprint of the seller;

(5) a description made in accordance with the custom of the trade of the type and quantity of regulated material purchased; and

(6) [(5)] the information required by Section 1956.032(a)(3).

SECTION 5. Section 1956.038, Occupations Code, is amended to read as follows:

Sec. 1956.038. PROHIBITED ACTS. A person may not, with the intent to deceive:

(1) display to a metal recycling entity a false or invalid personal identification document in connection with the person's attempted sale of regulated material;

(2) make a false, material statement or representation to a metal recycling entity in connection with:

(A) that person's execution of a written statement required by Section 1956.032(a)(3); or

(B) the entity's efforts to obtain the information required under Section 1956.033(b); [or]

(3) display or provide to a metal recycling entity any information required under Section 1956.032 that the person knows is false or invalid; or

(4) display another individual's personal identification document in connection with an attempted sale of regulated material.

SECTION 6. Section 1956.040(a), Occupations Code, is amended to read as follows:

(a) A person commits an offense if the person knowingly violates Section 1956.038. An offense for a violation of Section 1956.038(1), (2), or (3) [under this subsection] is a Class A misdemeanor unless it is shown on trial of the offense that the person has previously been convicted of a violation of this subchapter, in which event the offense is a state jail felony. An offense for a violation of Section 1956.038(4) is a Class B misdemeanor.

SECTION 7. Subchapter A-3, Chapter 1956, Occupations Code, is amended by adding Sections 1956.041 and 1956.042 to read as follows:

Sec. 1956.041. PAYMENT REQUIREMENTS; CRIMINAL PENALTY. (a) A metal recycling entity may not make an on-site payment to the seller of an item of regulated material at the time of the regulated material transaction.

(b) A metal recycling entity shall pay the seller of an item of regulated material purchased by the entity by mailing a check or money order to a physical address provided by the seller or to the physical address listed on the seller's personal identification document.

(c) A metal recycling entity shall, at the time of a regulated material transaction, provide a receipt to the seller of an item of regulated material received or purchased by the entity. The receipt must include:

(1) the date, time, and physical address of the transaction;

(2) an identifying description and weight of the items of regulated material received or purchased; and

(3) the total dollar amount of the transaction.

(d) A person commits an offense if the person violates this section. An offense under this section is a Class B misdemeanor.

Sec. 1956.042. RECORDS AND COMPLIANCE; CRIMINAL PENALTY. (a) A person commits an offense if the person owns or operates a metal recycling entity and the person:

(1) fails to keep a book or record required under this chapter or rules adopted under this chapter;

(2) refuses, on demand of a peace officer of this state, to exhibit a book, record, business record, receipt, or transaction record required under this chapter or rules adopted under this chapter;

(3) knowingly destroys a book or record required under this chapter or rules adopted under this chapter before the second anniversary of the date of the final entry of any regulated material transaction; or

(4) fails to comply with this chapter or rules adopted under this chapter.

(b) An offense under this section is a Class B misdemeanor.

SECTION 8. Subchapter C, Chapter 1956, Occupations Code, is amended by adding Section 1956.106 to read as follows:

Sec. 1956.106. PURCHASE OF AIR CONDITIONING COMPONENTS. (a) A person may not sell or otherwise transfer to a metal recycling entity and a metal recycling entity may not accept or purchase from any person an item of regulated material that is an air conditioning component, unless the person displays to the entity the person's air conditioning and refrigeration license or certificate of registration issued under Chapter 1302.

(b) A metal recycling entity shall make a photocopy of each seller's air conditioning and refrigeration license or certificate of registration issued under Chapter 1302 and keep the photocopy with the entity's other records required under Section 1956.033 and preserve the photocopy as required under Section 1956.034.

(c) A person commits an offense if the person violates this section. An offense under this subsection is a Class A misdemeanor.

SECTION 9. Section 31.03(e), Penal Code, is amended to read as follows:

(e) Except as provided by Subsection (f), an offense under this section is:

(1) a Class C misdemeanor if the value of the property stolen is less than:

(A) $50; or

(B) $20 and the defendant obtained the property by issuing or passing a check or similar sight order in a manner described by Section 31.06;

(2) a Class B misdemeanor if:

(A) the value of the property stolen is:

(i) $50 or more but less than $500; or

(ii) $20 or more but less than $500 and the defendant obtained the property by issuing or passing a check or similar sight order in a manner described by Section 31.06; or

(B) the value of the property stolen is less than:

(i) $50 and the defendant has previously been convicted of any grade of theft; or

(ii) $20, the defendant has previously been convicted of any grade of theft, and the defendant obtained the property by issuing or passing a check or similar sight order in a manner described by Section 31.06;

(3) a Class A misdemeanor if the value of the property stolen is $500 or more but less than $1,500;

(4) a state jail felony if:

(A) the value of the property stolen is $1,500 or more but less than $20,000, or the property is less than 10 head of cattle, horses, or exotic livestock or exotic fowl as defined by Section 142.001, Agriculture Code, or any part thereof under the value of $20,000, or less than 100 head of sheep, swine, or goats or any part thereof under the value of $20,000;

(B) regardless of value, the property is stolen from the person of another or from a human corpse or grave;

(C) the property stolen is a firearm, as defined by Section 46.01;

(D) the value of the property stolen is less than $1,500 and the defendant has been previously convicted two or more times of any grade of theft;

(E) the property stolen is an official ballot or official carrier envelope for an election; or

(F) the value of the property stolen is less than $20,000 and the property stolen is an item of regulated material as defined by Section 1956.001, Occupations Code [insulated or noninsulated wire or cable that consists of at least 50 percent:

[(i) aluminum;

[(ii) bronze; or

[(iii) copper];

(5) a felony of the third degree if the value of the property stolen is $20,000 or more but less than $100,000, or the property is:

(A) 10 or more head of cattle, horses, or exotic livestock or exotic fowl as defined by Section 142.001, Agriculture Code, stolen during a single transaction and having an aggregate value of less than $100,000; or

(B) 100 or more head of sheep, swine, or goats stolen during a single transaction and having an aggregate value of less than $100,000;

(6) a felony of the second degree if the value of the property stolen is $100,000 or more but less than $200,000; or

(7) a felony of the first degree if the value of the property stolen is $200,000 or more.

SECTION 10. (a) The change in law made by this Act applies only to an offense committed on or after the effective date of this Act. For purposes of this section, an offense is committed before the effective date of this Act if any element of the offense occurs before that date.

(b) An offense committed before the effective date of this Act is covered by the law in effect when the offense was committed, and the former law is continued in effect for that purpose.

SECTION 11. This Act takes effect September 1, 2009.