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A BILL TO BE ENTITLED
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AN ACT
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relating to certain criminal offenses for violations of the law |
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regulating metal recycling entities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1956.040(a-2), Occupations Code, is |
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amended to read as follows: |
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(a-2) An offense under Subsection (a-1) is a Class A |
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misdemeanor, except that any [punishable by a] fine imposed may not |
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[to] exceed $10,000. If [, unless] it is shown on trial of an [the] |
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offense under Subsection (a-1) that the person has previously been |
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convicted of a violation of that subsection, [Subsection (a-1), in
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which event] the offense is a state jail felony. |
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SECTION 2. Subchapter E, Chapter 1956, Occupations Code, is |
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amended by adding Section 1956.204 to read as follows: |
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Sec. 1956.204. GENERAL CRIMINAL PENALTY. (a) A person |
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commits an offense if the person violates this chapter or a rule |
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adopted under this chapter, including a rule, charter, or ordinance |
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adopted, an order issued, or a standard imposed by a county, |
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municipality, or political subdivision under Section 1956.003. |
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(b) An offense under this section is a Class C misdemeanor. |
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(c) If conduct that constitutes an offense under this |
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section also constitutes an offense under another section in this |
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chapter, the person may be prosecuted only under that other |
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section. |
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SECTION 3. 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 4. This Act takes effect September 1, 2013. |