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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of crafted precious metal dealers; |
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providing a criminal penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 215.031, Local Government Code, is |
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amended to read as follows: |
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Sec. 215.031. HAWKERS; PEDDLERS; PAWNBROKERS; |
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CASH-FOR-GOLD ESTABLISHMENTS. The governing body of the |
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municipality may license, tax, suppress, prevent, or otherwise |
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regulate: |
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(1) hawkers; |
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(2) peddlers; [and] |
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(3) pawnbrokers; and |
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(4) cash-for-gold establishments. |
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SECTION 2. Subchapter B, Chapter 1956, Occupations Code, is |
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amended by adding Section 1956.0611 to read as follows: |
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Sec. 1956.0611. CRIMINAL BACKGROUND CHECK REQUIRED. (a) A |
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dealer shall conduct a criminal background check on an applicant |
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for employment with the dealer. |
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(b) A dealer may not employ a person who has been convicted |
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of a felony offense or an offense under Section 31.03, Penal Code. |
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SECTION 3. Section 1956.064(a), Occupations Code, is |
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amended to read as follows: |
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(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 22nd [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; |
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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 is |
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the redemption of pledged property by the pledgor. |
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SECTION 4. 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) violates Section 1956.0611; |
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(2) 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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(3) [(2)] disposes of crafted precious metal or fails |
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to make a record available for inspection by a peace officer as |
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required by Section 1956.064; |
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(4) [(3)] fails to obtain or retain a statement as |
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required by Section 1956.066; |
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(5) [(4)] fails to file a registration statement as |
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required by Section 1956.067; or |
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(6) [(5)] purchases an object in violation of Section |
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1956.068. |
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SECTION 5. Section 1956.064(a), Occupations Code, as |
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amended by this Act, applies only to crafted precious metal that is |
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the subject of a report filed on or after the effective date of this |
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Act. Crafted precious metal that is the subject of a report filed |
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before the effective date of this Act is governed by the law in |
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effect when the report was filed, and the former law is continued in |
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effect for that purpose. |
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SECTION 6. This Act takes effect September 1, 2011. |