Amend CSHB 2490 (senate committee report), by striking all below the enacting clause and substituting the following:
SECTION 1. Section 1956.051, Occupations Code, is amended by amending Subdivision (1) and adding Subdivision (1-a) to read as follows:
(1) "Commissioner" means the consumer credit commissioner.
(1-a) "Crafted precious metal" means jewelry, silverware, an art object, or another object, other than a coin or commemorative medallion, made in whole or in part from precious metal.
SECTION 2. Subchapter B, Chapter 1956, Occupations Code, is amended by adding Sections 1956.0611 through 1956.0615 to read as follows:
Sec. 1956.0611. REGISTRATION AS DEALER. (a) A person may not engage in the business of purchasing and selling crafted precious metal unless the person is registered with the commissioner as a dealer under this section.
(b) To register as a dealer, a person must provide to the commissioner, on or before December 31 preceding each calendar year in which the person seeks to act as a dealer:
(1) a list of each location in this state at which the person will conduct business as a dealer; and
(2) a processing fee for each location included on the list furnished under Subdivision (1).
(c) The commissioner shall prescribe the processing fee in an amount necessary to cover the costs of administering this section.
(d) After the December 31 deadline, a dealer may amend the registration required under Subsection (a) to reflect any change in the information provided by the registration.
(e) The commissioner shall make available to the public a list of dealers registered under this section.
(f) The commissioner may prescribe the registration form.
(g) A reference to a registration in another subchapter of this chapter does not apply to a person to the extent the person is registered under this subchapter.
Sec. 1956.0612. INVESTIGATION BY COMMISSIONER. The commissioner shall:
(1) monitor the operations of a dealer to ensure compliance with this chapter; and
(2) receive and investigate complaints against a dealer or a person acting as a dealer.
Sec. 1956.0613. REVOCATION OF REGISTRATION. (a) The commissioner may revoke the registration of a dealer if the commissioner concludes that the dealer has violated this chapter. The commissioner shall recite the basis of the decision in an order revoking the registration.
(b) If the commissioner proposes to revoke a registration, the dealer is entitled to a hearing before the commissioner or a hearings officer, who shall propose a decision to the commissioner. The commissioner or hearings officer shall prescribe the time and place of the hearing. The hearing is governed by Chapter 2001, Government Code.
(c) A dealer aggrieved by a ruling, order, or decision of the commissioner is entitled to appeal to a district court in the county in which the hearing was held. An appeal under this subsection is governed by Chapter 2001, Government Code.
Sec. 1956.0615. ADMINISTRATIVE PENALTY. The commissioner may assess an administrative penalty not to exceed $500 against a person for each knowing and willful violation of this chapter.
SECTION 3. Not later than November 1, 2011, the consumer credit commission shall prescribe the forms and fees necessary to implement Subchapter B, Chapter 1956, Occupations Code, as amended by this Act.
SECTION 4. (a) Except as provided by Subsection (b) of this section, this Act takes effect September 1, 2011.
(b) Section 1956.0611, Occupations Code, as added by this Act, takes effect December 1, 2011.