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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; providing |
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penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 1956.003, Occupations |
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Code, is amended to read as follows: |
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Sec. 1956.003. LOCAL LAW; CRIMINAL PENALTY. |
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SECTION 2. Section 1956.003, 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 owns or |
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operates a metal recycling entity without holding a license or |
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permit issued by the governing body of the county, municipality, or |
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political subdivision of this state that has jurisdiction under |
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this section to issue a permit or license to the entity. An offense |
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under this subsection is a state jail felony. |
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SECTION 3. Section 1956.032(e), Occupations Code, is |
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amended to read as follows: |
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(e) The metal recycling entity or the entity's agent for |
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recordkeeping purposes may take a photograph of the motor vehicle |
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of the seller in which the make, model, and license plate number of |
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the motor vehicle are identifiable in lieu of the information |
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required under Subsection (a)(2) [(a)(3)]. |
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SECTION 4. Section 1956.033, Occupations Code, is amended |
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to read as follows: |
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Sec. 1956.033. RECORD OF PURCHASE. (a) Each metal |
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recycling entity in this state shall make a digital photographic or |
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video record of the seller and the materials involved in each |
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regulated material transaction and keep an accurate electronic |
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record and [or] an accurate and legible written record of each |
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purchase made in the course of the entity's business from an |
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individual of: |
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(1) copper or brass material; |
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(2) bronze material; |
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(3) aluminum material; or |
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(4) regulated metal. |
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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 clear and legible thumbprint of the seller; |
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(5) 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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(6) [(5)] the information required by Section |
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1956.032(a)(3). |
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SECTION 5. Section 1956.038, Occupations Code, is amended |
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to read as follows: |
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Sec. 1956.038. PROHIBITED ACTS. A person may not, with the |
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intent to deceive: |
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(1) display to a metal recycling entity a false or |
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invalid personal identification document in connection with the |
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person's attempted sale of regulated material; |
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(2) make a false, material statement or representation |
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to a metal recycling entity in connection with: |
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(A) that person's execution of a written |
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statement required by Section 1956.032(a)(3); or |
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(B) the entity's efforts to obtain the |
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information required under Section 1956.033(b); [or] |
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(3) display or provide to a metal recycling entity any |
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information required under Section 1956.032 that the person knows |
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is false or invalid; or |
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(4) display another individual's personal |
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identification document in connection with an attempted sale of |
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regulated material. |
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SECTION 6. Section 1956.040(a), Occupations Code, is |
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amended to read as follows: |
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(a) A person commits an offense if the person knowingly |
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violates Section 1956.038. An offense for a violation of Section |
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1956.038(1), (2), or (3) [under this subsection] is a Class A |
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misdemeanor unless it is shown on trial of the offense that the |
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person has previously been convicted of a violation of this |
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subchapter, in which event the offense is a state jail felony. An |
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offense for a violation of Section 1956.038(4) is a Class B |
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misdemeanor. |
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SECTION 7. Subchapter A-3, Chapter 1956, Occupations Code, |
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is amended by adding Sections 1956.041 and 1956.042 to read as |
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follows: |
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Sec. 1956.041. PAYMENT REQUIREMENTS; CRIMINAL PENALTY. (a) |
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A metal recycling entity may not make an on-site payment to the |
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seller of an item of regulated material at the time of the regulated |
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material transaction. |
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(b) A metal recycling entity shall pay the seller of an item |
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of regulated material purchased by the entity by mailing a check or |
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money order to a physical address provided by the seller or to the |
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physical address listed on the seller's personal identification |
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document. |
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(c) A metal recycling entity shall, at the time of a |
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regulated material transaction, provide a receipt to the seller of |
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an item of regulated material received or purchased by the entity. |
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The receipt must include: |
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(1) the date, time, and physical address of the |
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transaction; |
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(2) an identifying description and weight of the items |
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of regulated material received or purchased; and |
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(3) the total dollar amount of the transaction. |
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(d) A person commits an offense if the person violates this |
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section. An offense under this section is a Class B misdemeanor. |
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Sec. 1956.042. RECORDS AND COMPLIANCE; CRIMINAL PENALTY. |
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(a) A person commits an offense if the person owns or operates a |
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metal recycling entity and the person: |
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(1) fails to keep a book or record required under this |
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chapter or rules adopted under this chapter; |
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(2) refuses, on demand of a peace officer of this |
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state, to exhibit a book, record, business record, receipt, or |
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transaction record required under this chapter or rules adopted |
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under this chapter; |
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(3) knowingly destroys a book or record required under |
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this chapter or rules adopted under this chapter before the second |
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anniversary of the date of the final entry of any regulated material |
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transaction; or |
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(4) fails to comply with this chapter or rules adopted |
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under this chapter. |
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(b) An offense under this section is a Class B misdemeanor. |
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SECTION 8. Subchapter C, Chapter 1956, Occupations Code, is |
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amended by adding Section 1956.106 to read as follows: |
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Sec. 1956.106. PURCHASE OF AIR CONDITIONING COMPONENTS. |
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(a) A person may not sell or otherwise transfer to a metal |
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recycling entity and a metal recycling entity may not accept or |
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purchase from any person an item of regulated material that is an |
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air conditioning component, unless the person displays to the |
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entity the person's air conditioning and refrigeration license or |
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certificate of registration issued under Chapter 1302. |
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(b) A metal recycling entity shall make a photocopy of each |
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seller's air conditioning and refrigeration license or certificate |
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of registration issued under Chapter 1302 and keep the photocopy |
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with the entity's other records required under Section 1956.033 and |
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preserve the photocopy as required under Section 1956.034. |
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(c) A person commits an offense if the person violates this |
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section. An offense under this subsection is a Class A misdemeanor. |
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SECTION 9. Section 31.03(e), Penal Code, is amended to read |
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as follows: |
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(e) Except as provided by Subsection (f), an offense under |
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this section is: |
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(1) a Class C misdemeanor if the value of the property |
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stolen is less than: |
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(A) $50; or |
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(B) $20 and the defendant obtained the property |
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by issuing or passing a check or similar sight order in a manner |
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described by Section 31.06; |
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(2) a Class B misdemeanor if: |
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(A) the value of the property stolen is: |
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(i) $50 or more but less than $500; or |
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(ii) $20 or more but less than $500 and the |
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defendant obtained the property by issuing or passing a check or |
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similar sight order in a manner described by Section 31.06; or |
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(B) the value of the property stolen is less |
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than: |
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(i) $50 and the defendant has previously |
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been convicted of any grade of theft; or |
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(ii) $20, the defendant has previously been |
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convicted of any grade of theft, and the defendant obtained the |
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property by issuing or passing a check or similar sight order in a |
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manner described by Section 31.06; |
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(3) a Class A misdemeanor if the value of the property |
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stolen is $500 or more but less than $1,500; |
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(4) a state jail felony if: |
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(A) the value of the property stolen is $1,500 or |
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more but less than $20,000, or the property is less than 10 head of |
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cattle, horses, or exotic livestock or exotic fowl as defined by |
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Section 142.001, Agriculture Code, or any part thereof under the |
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value of $20,000, or less than 100 head of sheep, swine, or goats or |
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any part thereof under the value of $20,000; |
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(B) regardless of value, the property is stolen |
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from the person of another or from a human corpse or grave; |
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(C) the property stolen is a firearm, as defined |
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by Section 46.01; |
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(D) the value of the property stolen is less than |
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$1,500 and the defendant has been previously convicted two or more |
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times of any grade of theft; |
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(E) the property stolen is an official ballot or |
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official carrier envelope for an election; or |
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(F) the value of the property stolen is less than |
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$20,000 and the property stolen is an item of regulated material as |
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defined by Section 1956.001, Occupations Code [insulated or
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noninsulated wire or cable that consists of at least 50 percent:
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[(i) aluminum;
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[(ii) bronze; or
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[(iii) copper]; |
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(5) a felony of the third degree if the value of the |
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property stolen is $20,000 or more but less than $100,000, or the |
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property is: |
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(A) 10 or more head of cattle, horses, or exotic |
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livestock or exotic fowl as defined by Section 142.001, Agriculture |
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Code, stolen during a single transaction and having an aggregate |
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value of less than $100,000; or |
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(B) 100 or more head of sheep, swine, or goats |
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stolen during a single transaction and having an aggregate value of |
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less than $100,000; |
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(6) a felony of the second degree if the value of the |
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property stolen is $100,000 or more but less than $200,000; or |
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(7) a felony of the first degree if the value of the |
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property stolen is $200,000 or more. |
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SECTION 10. (a) The change in law made by this Act applies |
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only to an offense committed on or after the effective date of this |
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Act. For purposes of this section, an offense is committed before |
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the effective date of this Act if any element of the offense occurs |
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before that date. |
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(b) An offense committed before the effective date of this |
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Act is covered by the law in effect when the offense was committed, |
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and the former law is continued in effect for that purpose. |
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SECTION 11. This Act takes effect September 1, 2009. |