82R5351 MAW-D

By: Dutton H.B. No. 1024

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. Section 1956.001(10), Occupations Code, is amended to read as follows:

(10) "Regulated metal" means:

(A) manhole covers;

(B) guardrails;

(C) metal cylinders designed to contain compressed air, oxygen, gases, or liquids;

(D) beer kegs made from metal other than aluminum;

(E) historical markers or cemetery vases, receptacles, or memorials made from metal other than aluminum;

(F) unused rebar;

(G) street signs;

(H) drain gates;

(I) safes;

(J) communication, transmission, and service wire or cable;

(K) condensing or evaporator coils for heating or air conditioning units;

(L) utility structures, including the fixtures and hardware;

(M) aluminum or stainless steel containers designed to hold propane for fueling forklifts; [and]

(N) metal railroad equipment, including tie plates, signal houses, control boxes, signs, signals, traffic devices, traffic control devices, traffic control signals, switch plates, e-clips, and rail tie functions;

(O) catalytic converters;

(P) backflow valves; and

(Q) fire hydrant operating nuts.

SECTION 2. Section 1956.032, Occupations Code, is amended to read as follows:

Sec. 1956.032. INFORMATION PROVIDED BY SELLER. (a) Except as provided by Subsection (f), a person attempting to sell regulated material to a metal recycling entity shall:

(1) display to the metal recycling entity the person's personal identification document;

(2) provide to the metal recycling entity the make, model, and license plate number of the motor vehicle used to transport the regulated material; [and]

(3) if the regulated material includes insulated wire that has been burned wholly or partly to remove the insulation, display to the metal recycling entity documentation from the fire department of a county, municipality, or other political subdivision stating that the material was salvaged from a fire in that county, municipality, or political subdivision; and

(4) either:

(A) present written documentation evidencing that the person is the legal owner or is lawfully entitled to sell the regulated material; or

(B) sign a written statement provided by the metal recycling entity that the person is the legal owner of or is lawfully entitled to sell the regulated material offered for sale.

(b) A person required by a municipality to prepare a signed statement consisting of the information required by Subsection (a)(4) [(a)(3)] may use the statement required by the municipality to comply with Subsection (a)(4) [(a)(3)].

(c) The metal recycling entity or the entity's agent shall visually verify the accuracy of the personal identification document presented by the seller at the time of the purchase of regulated material and make a copy of the document [identification] to be maintained by the entity in the entity's records, except as otherwise provided by Subsection (f).

(d) The metal recycling entity or the entity's agent shall obtain:

(1) a digital or video [for recordkeeping purposes may] photograph that accurately depicts the seller's entire face, not including any hat; and

(2) a clear and legible fingerprint of an index finger of the seller.

(d-1) The metal recycling entity or the entity's agent for recordkeeping purposes may [, and] obtain the name of the seller's employer.

(e) The metal recycling entity or the entity's agent shall obtain a digital or video [for recordkeeping purposes may take a] photograph that accurately depicts [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)(3)].

(f) The metal recycling entity is not required to make a copy of the identification as required under Subsection (c) or collect the information required under Subsection (a)(4) [(a)(3)] if:

(1) the seller signs the written statement as required under Subsection (a)(4) [(a)(3)];

(2) the seller has previously provided the information required under Subsection (a); and

(3) the previously provided information has not changed.

SECTION 3. 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 keep an accurate electronic record or an accurate and legible written record of each purchase of regulated material 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 and a copy of the seller's personal identification document as required under Section 1956.032(c);

(4) a digital or video photograph that accurately depicts each item of regulated material purchased and a description made in accordance with the custom of the trade of the type and quantity of regulated material purchased; [and]

(5) the information required by Section 1956.032(a)(4);

(6) a copy of the photograph described by Section 1956.032(d);

(7) a copy of the seller's fingerprint required by Section 1956.032(d); and

(8) if applicable, a copy of the documentation described by Section 1956.032(a)(3).

SECTION 4. Subchapter A-3, Chapter 1956, Occupations Code, is amended by adding Section 1956.0371 to read as follows:

Sec. 1956.0371. INSULATED WIRE. A metal recycling entity may not remove any insulation from wire acquired by the entity before the fifth day after the date the entity acquired the wire, excluding weekends and holidays.

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

Sec. 1956.038. PROHIBITED ACTS. (a) 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)(4) [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.

(b) A metal recycling entity may pay for a purchase of regulated metal only by check or money order mailed to the seller at the physical address provided by the seller.

SECTION 6. Section 1956.040, Occupations Code, is amended by adding Subsections (a-1) and (a-2) to read as follows:

(a-1) A person commits an offense if the person knowingly:

(1) violates Section 1956.034, 1956.035, or 1956.0371; or

(2) buys insulated wire that has been burned wholly or partly to remove the insulation, unless the seller of the wire presents to the person documentation from the fire department of a county, municipality, or other political subdivision stating that the material was salvaged from a fire in that county, municipality, or political subdivision.

(a-2) An offense under Subsection (a-1) is a Class B misdemeanor.

SECTION 7. 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;

(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; or

(C) the property stolen is a driver's license, commercial driver's license, or personal identification certificate issued by this state or another state;

(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 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, including property that is a military grave marker;

(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 regulated metal as that term is defined by Section 1956.001, Occupations Code [insulated or noninsulated tubing, rods, water gate stems, 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) 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) 10 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 8. The change in law made by this Act applies only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is governed by the law in effect on the date the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Act if any element of the offense occurred before that date.

SECTION 9. This Act takes effect September 1, 2011.