82R2867 ATP-F

By: Cook H.B. No. 389

A BILL TO BE ENTITLED

AN ACT

relating to the purchase of plastic bulk merchandise containers by certain businesses; providing a civil penalty.

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

SECTION 1. Section 204.002, Business & Commerce Code, is amended by amending Subsection (c) and adding Subsections (d), (e), and (f) to read as follows:

(c) A person who is in the business of recycling, shredding, or destroying plastic bulk merchandise containers:

(1) may not pay for the purchase of any plastic bulk merchandise container with cash; and

(2) shall, for each transaction in which the person purchases one or more plastic bulk merchandise containers, record the method of payment used to purchase the containers.

(d) A record made under Subsection (c)(2) shall be attached to a record made or obtained under Subsection (a) if a record is required under that subsection.

(e) A person who violates Subsection (a) or (b) is liable to this state for a civil penalty of $10,000 for each violation.

(f) A person who violates Subsection (c) is liable to this state for a civil penalty in an amount not to exceed $10,000 for each violation. Each cash transaction made in violation of Subsection (c)(1) is a separate violation for purposes of imposing a penalty under this subsection. In determining the amount of the civil penalty imposed under this subsection, the court shall consider the amount necessary to deter future violations.

SECTION 2. Section 204.004(a), Business & Commerce Code, is amended to read as follows:

(a) The attorney general or appropriate prosecuting attorney may:

(1) inspect a record retained by a person under Section 204.002;

(2) investigate an alleged violation of this chapter; and

(3) [(2)] sue to collect a civil penalty under this chapter.

SECTION 3. This Act takes effect September 1, 2011.