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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of certain metal dealers; providing |
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criminal penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1956.001(8), Occupations Code, is |
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amended to read as follows: |
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(8) "Personal identification document" means: |
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(A) a valid driver's license issued by a state in |
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the United States; |
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(B) a United States military identification |
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card; [or] |
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(C) a personal identification certificate issued |
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by the department under Section 521.101, Transportation Code, or a |
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corresponding card or certificate issued by another state; |
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(D) a passport; or |
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(E) documentation issued by the United States |
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agency responsible for citizenship and immigration that authorizes |
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the person to be in the United States. |
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SECTION 2. Section 1956.060, Occupations Code, is amended |
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to read as follows: |
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Sec. 1956.060. EXCEPTION: CRAFTED PRECIOUS METAL ACQUIRED |
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BY PERSON LICENSED UNDER TEXAS PAWNSHOP ACT. This subchapter does |
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not apply to crafted precious metal acquired by a person or an |
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employee of a person licensed under Chapter 371, Finance Code. |
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SECTION 3. Section 1956.062, Occupations Code, is amended |
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by amending Subsection (c) and adding Subsection (c-1) to read as |
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follows: |
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(c) The dealer shall: |
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(1) record the identification [proposed seller's
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driver's license] number [or department personal identification
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certificate number on physical presentation] of the seller's |
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personal identification document; |
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(2) visually verify the accuracy of the seller's |
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personal identification document and make a copy of the document; |
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and |
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(3) obtain a digital or video photograph that |
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accurately depicts each item of crafted precious metal purchased |
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[license or personal identification certificate by the seller]. |
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(c-1) The copy of the document and photograph described by |
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Subsection (c) [record] must accompany the list. |
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SECTION 4. Subchapter B, Chapter 1956, Occupations Code, is |
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amended by adding Section 1956.0631 to read as follows: |
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Sec. 1956.0631. PAYMENT FOR CRAFTED PRECIOUS METAL |
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PURCHASED. A dealer may pay for a purchase of crafted precious |
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metal only by check or prepaid debit card. If payment is by check, |
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the names of the dealer and seller must be printed on the check. If |
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payment is by prepaid debit card, the seller may not be liable for |
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any fees charged by the issuer of the card. |
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SECTION 5. Section 1956.064, Occupations Code, is amended |
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to read as follows: |
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Sec. 1956.064. REQUIRED RETENTION OF CRAFTED PRECIOUS |
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METAL. (a) A dealer may not melt, deface, alter, or dispose of |
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crafted precious metal that is the subject of a report required by |
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this subchapter before the 21st [11th] day after the date the report |
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is filed unless: |
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(1) the peace officer to whom the report is submitted, |
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for good cause, authorizes disposition of the metal; or |
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(2) [the dealer obtains the name, address, and
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description of the buyer and retains a record of that information;
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or
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[(3)] the dealer is a pawnbroker and the disposition |
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is the redemption of pledged property by the pledgor. |
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(b) A peace officer who has reasonable suspicion to believe |
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that an item of crafted precious metal in the possession of a dealer |
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is stolen may place the item on hold by issuing to the dealer a |
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written notice that: |
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(1) specifically identifies the item alleged to be |
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stolen and subject to the hold; and |
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(2) informs the dealer of the requirements of |
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Subsection (c). |
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(c) On receiving the notice, the dealer may not melt, |
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deface, alter, or dispose of the identified crafted precious metal |
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until the hold is released in writing by a peace officer of this |
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state or a court order. [A dealer who retains information under
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Subsection (a)(2) shall make that information available for
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inspection by any peace officer.] |
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SECTION 6. Section 1956.069(a), Occupations Code, is |
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amended to read as follows: |
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(a) A dealer commits an offense if the dealer: |
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(1) fails to make or permit inspection of a report as |
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required by Section 1956.062 or 1956.063; |
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(2) violates [disposes of crafted precious metal or
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fails to make a record available for inspection by a peace officer
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as required by] Section 1956.0631 or 1956.064; |
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(3) fails to obtain or retain a statement as required |
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by Section 1956.066; |
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(4) fails to file a registration statement as required |
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by Section 1956.067; or |
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(5) purchases an object in violation of Section |
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1956.068. |
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SECTION 7. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 8. This Act takes effect September 1, 2011. |