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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 criminal penalties; authorizing a fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 1956, Occupations Code, is |
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amended by adding Section 1956.06125 to read as follows: |
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Sec. 1956.06125. REGISTRATION WITH COUNTY OR MUNICIPALITY. |
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A county or municipality may: |
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(1) require a person to obtain a license or permit from |
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the county or municipality before the person engages in the |
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business of purchasing and selling crafted precious metal in that |
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county or municipality; and |
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(2) impose a fee for the issuance or renewal of the |
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license or permit. |
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SECTION 2. Section 1956.062, Occupations Code, is amended |
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to read as follows: |
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Sec. 1956.062. RECORD [REPORT] OF PURCHASE OR EXCHANGE |
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REQUIRED. (a) A dealer shall maintain an accurate record of [, as
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required by Section 1956.063, report] all identifiable crafted |
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precious metal that the dealer purchases, takes in trade, accepts |
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for sale on consignment, or accepts for auction. |
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(b) The record [Before crafted precious metal is offered for
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sale or exchange, a dealer must notify each person intending to sell
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or exchange the metal that, before the dealer may accept any of the
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person's property, the person must file with the dealer a list
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describing all of the person's crafted precious metal to be
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accepted by the dealer. The list] must include [contain]: |
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(1) the date of the transaction; |
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(2) the name and physical address of the dealer; |
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(3) the [proposed] seller's name as listed on the |
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seller's personal identification document; |
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(4) the identifying number of the seller's personal |
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identification document; |
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(5) the physical [and] address at which the seller is |
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residing at the time of the transaction; |
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(6) the seller's sex, height, date of birth, and eye |
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color; |
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(7) a digital or video photograph that accurately |
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depicts the seller; |
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(8) a clean and legible thumbprint of the seller; |
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(9) [(2)] a complete and accurate description of the |
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crafted precious metal that includes: |
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(A) the number of items accepted; |
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(B) for each item accepted, the size, weight, and |
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length of the item, and the material from which the item is made; |
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(C) for each item accepted that contains a |
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precious metal, the color, weight, purity, and type of each |
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precious metal; |
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(D) the color, number, size, and approximate |
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weight of any stone included in the items accepted; and |
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(E) other identifying characteristics of the |
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items accepted; |
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(10) the total amount paid by the dealer to the seller, |
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including the amounts attributable to each type of precious metal |
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accepted; |
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(11) a digital or video photograph that accurately |
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depicts each item accepted; and |
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(12) [(3)] the [proposed] seller's certification |
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that: |
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(A) the information in the record is true and |
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complete; and |
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(B) the seller is the legal owner of or is |
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lawfully entitled to transfer the crafted precious metal. |
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(c) [The dealer shall record the proposed seller's driver's
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license number or department personal identification certificate
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number on physical presentation of the license or personal
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identification certificate by the seller. The record must
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accompany the list.
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[(d)] The dealer shall: |
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(1) provide to a peace officer, on demand, the record |
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[list] required by this section [Subsection (b)]; and |
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(2) except as provided by Subsection (d), mail or |
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deliver a complete copy of the record [list] to the chief of police |
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or the sheriff as provided by Section 1956.063 not later than 24 |
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[48] hours after the time the transaction occurs [list is filed with
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the dealer]. |
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(d) The chief of police or the sheriff may require the |
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electronic submission through an Internet website of a record under |
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Subsection (c)(2). |
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(e) In this section, "seller" includes a transferor who |
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exchanges, or offers to exchange, crafted precious metal with a |
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dealer. |
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SECTION 3. Section 1956.063(c), Occupations Code, is |
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amended to read as follows: |
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(c) For each transaction for which the dealer is required by |
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Section 1956.062 to maintain a record [regulated by this
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subchapter], the dealer shall submit a report on a preprinted and |
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prenumbered form prescribed by the commissioner. The form must |
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include the information required to be included in the record |
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[following:
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[(1) the date of the transaction;
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[(2)
a description of the crafted precious metal
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purchased by the dealer;
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[(3) the name and physical address of the dealer; and
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[(4)
the name, physical description, and physical
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address of the seller or transferor]. |
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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) Except as provided by Subsection (b), a dealer may |
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pay for a purchase of crafted precious metal only by check. |
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(b) A dealer may pay for a purchase of crafted precious |
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metal in cash only if: |
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(1) the purchase occurs in a jurisdiction in which the |
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dealer is permitted to electronically submit the record of the |
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purchase through an Internet website under Section 1956.062(d); and |
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(2) the dealer submits the record for that purchase |
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electronically. |
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SECTION 5. 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 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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SECTION 6. Section 1956.066, Occupations Code, is amended |
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to read as follows: |
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Sec. 1956.066. PURCHASE FROM MINOR PROHIBITED. [(a)] A |
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dealer may not purchase crafted precious metal from a person |
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younger than 18 years of age [unless the seller delivers to the
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dealer before the purchase a written statement from the seller's
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parent or legal guardian consenting to the transaction]. |
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[(b)
The dealer shall retain the statement with the records
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required to be kept under this subchapter. The dealer may destroy
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the statement after the later of:
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[(1) the date the item is sold; or
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[(2)
the first anniversary of the date the dealer
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purchased the item.] |
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SECTION 7. Section 1956.067(b), Occupations Code, is |
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amended to read as follows: |
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(b) The registration statement must contain: |
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(1) the name and address of the dealer; |
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(2) the location where business is to be conducted; |
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(3) the location where the precious metal or used |
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items made of precious metal will be held after the purchase; |
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(4) if the dealer is an association, the name and |
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address of each member of the association; |
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(5) [(4)] if the dealer is a corporation, the name and |
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address of each officer and director of the corporation; and |
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(6) [(5)] other relevant information required by the |
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department. |
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SECTION 8. Subchapter B, Chapter 1956, Occupations Code, is |
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amended by adding Section 1956.0681 to read as follows: |
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Sec. 1956.0681. PURCHASE OF DEFACED, ALTERED, OR BROKEN |
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ITEMS. A dealer, in the course of business, may not purchase from a |
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person other than a manufacturer of or a regular dealer in crafted |
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precious metal an object that has been defaced, altered, or broken |
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to the extent that the object cannot be used for its original |
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purpose without substantial repair. |
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SECTION 9. Section 1956.069, Occupations Code, is amended |
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to read as follows: |
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Sec. 1956.069. CRIMINAL PENALTY. (a) A person commits an |
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offense if the person: |
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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 Section 1956.0612, 1956.062, 1956.063, |
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or 1956.064; |
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(2) [(3)
fails to obtain or retain a statement as
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required by Section 1956.066;
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[(4)] fails to file a registration statement as |
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required by Section 1956.067; [or] |
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(3) fails to obtain a license or permit required by a |
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county or municipality as authorized under Section 1956.06125; or |
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(4) [(5)] purchases an object in violation of Section |
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1956.066, 1956.068, or 1956.0681. |
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(b) An offense under Subsection (a)(1), (2), or (3) [this
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section] is a Class B misdemeanor, except that: |
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(1) the offense is a Class A misdemeanor if it is shown |
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on the trial of the offense that the defendant has been previously |
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convicted of an offense under this section; and |
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(2) the offense is a state jail felony if it is shown |
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on the trial of the offense that the defendant has previously been |
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convicted two or more times of an offense under this section. |
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(c) An offense under Subsection (a)(4) is a Class A |
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misdemeanor, unless it is shown on the trial of the offense that the |
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defendant has been previously convicted of an offense under that |
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subsection, in which event the offense is a state jail felony. |
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SECTION 10. 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 11. Not later than November 1, 2013, the consumer |
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credit commissioner shall prescribe the form required by Section |
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1956.063, Occupations Code, as amended by this Act. |
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SECTION 12. (a) Except as provided by Subsection (b) of |
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this section, this Act takes effect September 1, 2013. |
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(b) Sections 1956.063(c) and 1956.069, Occupations Code, as |
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amended by this Act, take effect December 1, 2013. |