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INTRODUCED
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HOUSE COMMITTEE
SUBSTITUTE
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SECTION 1. Section 1956.001,
Occupations Code, is amended.
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SECTION 1. Same as introduced
version.
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SECTION 2. Section 1956.002,
Occupations Code, is amended.
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SECTION 2. Same as introduced
version.
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SECTION 3. Section 1956.032,
Occupations Code, is amended by adding Subsection (a-1) to read as follows:
(a-1) A person attempting
to sell regulated material to a metal recycling entity shall sign a written
statement provided by the metal recycling entity certifying that the person
has not previously been convicted of an offense:
(1) under Section 31.03,
Penal Code, if the property stolen was regulated material; or
(2) under another law of
this state or of another jurisdiction involving the sale of regulated
material.
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No
equivalent provision.
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No
equivalent provision.
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SECTION 3. Section
1956.017(b), Occupations Code, is amended to read as follows:
(b) The advisory committee
consists of 15 [12] members appointed by the director as
follows:
(1) one representative of
the department;
(2) two representatives of
local law enforcement agencies located in different municipalities, each
with a population of 500,000 or more;
(3) two representatives of
local law enforcement agencies located in different municipalities, each
with a population of 200,000 or more but less than 500,000;
(4) one representative of a
local law enforcement agency located in a municipality with a population of
less than 200,000;
(5) five [four]
representatives of metal recycling entities; [and]
(6) two members who
represent industries that are impacted by theft of regulated material;
(7) one sheriff of a
county with a population of 500,000 or more; and
(8) one sheriff of a
county with a population of less than 500,000.
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SECTION 4. Section
1956.033(b), Occupations Code, is amended to read as follows:
(b) The record must be in
English and include:
(1) the place and date of
the purchase;
(2) the name and address of
the seller in possession of the regulated material purchased;
(3) the identifying number
of the seller's personal identification document;
(4) a description made in
accordance with the custom of the trade of the commodity type and quantity
of regulated material purchased;
(5) the information required
by Sections 1956.032(a)(2) and (3) and
(a-1);
(6) as applicable:
(A) the identifying number
of the seller's air conditioning and refrigeration contractor license
displayed under Section 1956.032(a)(4)(A);
(B) a copy of the seller's
air conditioning and refrigeration technician registration displayed under
Section 1956.032(a)(4)(B);
(C) a copy of the
documentation described by Section 1956.032(a)(4)(C); or
(D) a copy of the
documentation described by Section 1956.032(a)(4)(D);
(7) if applicable, a copy of
the documentation described by Section 1956.032(a)(5); and
(8) a copy of the
documentation described by Section 1956.032(g).
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SECTION 4. Section
1956.033(b), Occupations Code, is amended to read as follows:
(b) The record must be in
English and include:
(1) the place, [and]
date, and amount of the
purchase;
(2) the name and address of
the seller in possession of the regulated material purchased;
(3) the identifying number
of the seller's personal identification document;
(4) a description made in
accordance with the custom of the trade of the commodity type and quantity
of regulated material purchased;
(5) the information required
by Sections 1956.032(a)(2) and (3);
(6) as applicable:
(A) the identifying number
of the seller's air conditioning and refrigeration contractor license
displayed under Section 1956.032(a)(4)(A);
(B) a copy of the seller's
air conditioning and refrigeration technician registration displayed under
Section 1956.032(a)(4)(B);
(C) a copy of the
documentation described by Section 1956.032(a)(4)(C); or
(D) a copy of the
documentation described by Section 1956.032(a)(4)(D);
(7) if applicable, a copy of
the documentation described by Section 1956.032(a)(5); [and]
(8) a copy of the
documentation described by Section 1956.032(g); and
(9) a copy of the documentation described by Section 1956.0381(b).
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SECTION 5. Section 1956.038,
Occupations Code, is amended by amending Subsections (a), (b), and (c) and
adding Subsection (b-1) to read as follows:
(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 Sections [Section]
1956.032(a)(3) and (a-1); or
(B) the entity's efforts to
obtain the information required under Section 1956.033(b);
(3) display or provide to a
metal recycling entity any information required under Section 1956.032 that
the person knows is false or invalid; or
(4) display another
individual's personal identification document in connection with the sale
of regulated material.
(b) A metal recycling entity
may only [not] pay for a purchase of regulated material in
the manner provided by Section 1956.0381 [in cash if:
[(1) the entity does not
hold a certificate of registration under Subchapter A-2 and, if applicable,
a license or permit required by a county, municipality, or other political
subdivision as authorized under Section 1956.003(b); or
[(2) the entity has been
prohibited by the department from paying cash under Section 1956.036(e)].
(b-1) A metal recycling
entity may not enter into more than one transaction for the purchase of
regulated material from the same seller in a business day.
(c) A person may not sell
or attempt to sell regulated material to a metal recycling entity if the
person has been previously convicted of an offense:
(1) under Section 31.03,
Penal Code, if the property stolen was regulated material; or
(2) under another law of
this state or of another jurisdiction involving the sale of regulated
material [Notwithstanding Section 1956.003(a) or any other law, a
county, municipality, or other political subdivision may not adopt or
enforce a rule, charter, or ordinance or issue an order or impose standards
that limit the use of cash by a metal recycling entity in a manner more
restrictive than that provided by Subsection (b)].
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No
equivalent provision.
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No
equivalent provision.
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SECTION 5. Section
1956.035(a), Occupations Code, is amended to read as follows:
(a) On request, a metal
recycling entity shall permit a peace officer of this state, a
representative of the department, or a representative of a county,
municipality, or other political subdivision that issues a license or
permit under Section 1956.003(b) to inspect, during the entity's usual
business hours:
(1) a record required by
Section 1956.033;
(2) a digital photograph or
video recording required by Section 1956.0331; [or]
(3) regulated material in
the entity's possession; or
(4) an application for a
cash transaction card submitted to the entity.
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No
equivalent provision.
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SECTION 6. Section 1956.038,
Occupations Code, is amended by adding Subsection (a-1) to read as follows:
(a-1) A metal recycling
entity may only pay for a purchase of regulated material in the manner
provided by Section 1956.0381.
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SECTION 6. Subchapter A-3,
Chapter 1956, Occupations Code, is amended by adding Sections 1956.0381 and
1956.041 to read as follows:
Sec. 1956.0381. PAYMENT
BY METAL RECYCLING ENTITY. (a) Except as
provided by Subsection (c), a metal recycling entity may only pay
for a purchase of regulated material by:
(1) check;
(2) money order; or
(3) direct deposit by electronic
funds transfer.
(b) A metal recycling
entity that pays for a purchase of regulated material by check or money
order shall obtain a digital photograph or video recording that accurately
depicts:
(1) the seller's entire
face; and
(2) each type of
regulated material purchased
(c) For any sale of
regulated material to a metal recycling entity in which the amount of the
transaction is equal to or exceeds $25, the metal recycling entity must pay
the seller by mailing to the address located on the personal identification
document provided by the seller under Section 1956.032:
(1) a check or money
order made payable to the seller; or
(2) a notice to the
seller stating the time after which the seller may pick up at the metal
recycling entity a check or money order made payable to the seller.
No
equivalent provision.
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SECTION 7. Subchapter A-3,
Chapter 1956, Occupations Code, is amended by adding Sections 1956.0381,
1956.0382, and 1956.041 to read as follows:
Sec. 1956.0381. PAYMENT
BY METAL RECYCLING ENTITY. (a) A metal recycling entity may pay for a
purchase of regulated material only by:
(1) cash or debit card if the seller has been issued a cash
transaction card under Section 1956.0382;
(2) check;
(3) money order; or
(4) direct deposit by electronic
funds transfer.
No
equivalent provision.
No
equivalent provision.
(b) A metal recycling
entity shall include in the record of purchase required by Section
1956.033, as applicable, a copy of:
(1) the seller's cash
transaction card or approved application for a cash transaction card if the
entity paid for a purchase of regulated material by cash;
(2) the debit card
receipt and the seller's cash transaction card or approved application for
a cash transaction card if the entity paid for a purchase of regulated
material by debit card; or
(3) the check if the
entity paid for a purchase of regulated material by check.
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No
equivalent provision.
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Sec. 1956.0382. CASH
TRANSACTION CARD. (a) A metal recycling entity may pay a seller for a
purchase of regulated material by cash or debit card only if, before the
entity issues payment:
(1) the seller presents
to the entity a valid cash transaction card issued by the entity or by
another metal recycling entity located in this state; or
(2) the entity obtains a
copy of the seller's cash transaction card from the records of the entity.
(b) An application for
the issuance or renewal of a cash transaction card must include:
(1) the name, address,
sex, and birth date of the applicant;
(2) the identification
number from the applicant's personal identification document;
(3) a digital photograph
that accurately depicts the applicant's entire face taken at the time the
applicant completes the application;
(4) a clear and legible
thumbprint of the applicant; and
(5) the signature of the
applicant.
(c) On receipt of an
application that contains the information required by Subsection (b), a
metal recycling entity may approve the application and issue a cash
transaction card to the applicant. The individual approving the
application on behalf of the metal recycling entity must sign the
application.
(d) A cash transaction
card must include:
(1) the name and address
of the seller; and
(2) the expiration date
of the card, which may not be later than two years from the date the card
was issued or renewed.
(e) A metal recycling
entity must mail the issued cash transaction card to the address provided
on the application for the card.
(f) A cash transaction
card issued under this section is not transferable.
(g) A metal recycling
entity shall preserve:
(1) each application for
a cash transaction card the entity receives until the second anniversary of
the date the application was received; and
(2) a copy of each cash
transaction card the entity issues or renews until the second anniversary
of the date the card was issued or renewed.
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Sec. 1956.041.
ADMINISTRATIVE PENALTY.
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Sec. 1956.041.
ADMINISTRATIVE PENALTY.
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SECTION 7. The following
provisions of the Occupations Code are repealed:
(1) Section 1956.036(e); and
(2) Section 1956.038(d).
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No
equivalent provision.
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SECTION 8. Section 1956.041,
Occupations Code, as added by this Act, applies only to a violation of
Section 1956.036, Occupations Code, as amended by this Act, committed on or
after the effective date of this Act. A violation committed before the
effective date of this Act is governed by the law in effect on the date the
violation was committed, and the former law is continued in effect for that
purpose.
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SECTION 8. Section 1956.041,
Occupations Code, as added by this Act, applies only to a violation of
Section 1956.036, Occupations Code, committed on or after the effective
date of this Act. A violation committed before the effective date of this
Act is governed by the law in effect on the date the violation was
committed, and the former law is continued in effect for that purpose.
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No
equivalent provision.
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SECTION 9. 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.
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No
equivalent provision.
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SECTION 10. As soon as
practicable after the effective date of this Act, the public safety
director of the Department of Public Safety of the State of Texas shall
appoint the three additional members to the advisory committee as required
by Section 1956.017, Occupations Code, as amended by this Act.
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No
equivalent provision.
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SECTION 11. During the
calendar year ending December 31, 2023, the advisory committee established
under Section 1956.017, Occupations Code, as amended by this Act, shall
study the effects of the cash transaction card provisions of Section
1956.0382, Occupations Code, as added by this Act, and report the committee's
findings and recommendations to the legislature before December 1, 2024.
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SECTION 9. This Act takes
effect September 1, 2015.
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SECTION 12. Same as
introduced version.
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