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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of metal recycling entities; imposing an |
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administrative penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1956.001, Occupations Code, is amended |
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by amending Subdivisions (4), (9), and (10) and adding Subdivision |
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(6-a) to read as follows: |
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(4) "Copper or brass material" means: |
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(A) a power inverter or insulated or |
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noninsulated copper wire or cable that contains copper or an alloy |
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of copper or zinc and is of the type used by: |
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(i) a public utility or common carrier; |
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(ii) a telecommunications provider as |
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defined by Section 51.002, Utilities Code; |
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(iii) a cable service provider as defined |
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by Section 66.002, Utilities Code; or |
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(iv) a video service provider as defined by |
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Section 66.002, Utilities Code [that contains copper or an alloy of
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copper or zinc]; |
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(B) a copper or brass item of a type commonly used |
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in construction or by: |
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(i) a public utility; |
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(ii) a telecommunications provider as |
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defined by Section 51.002, Utilities Code; |
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(iii) a cable service provider as defined |
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by Section 66.002, Utilities Code; or |
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(iv) a video service provider as defined by |
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Section 66.002, Utilities Code; or |
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(C) copper pipe or copper tubing. |
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(6-a) "Lead material" means: |
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(A) a commercial grade lead battery, lead-acid |
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battery, or spiral cell battery; or |
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(B) a material or an item readily identifiable as |
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being made of or containing lead. |
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(9) "Regulated material" means: |
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(A) aluminum material; |
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(B) bronze material; |
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(C) copper or brass material; [or] |
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(D) lead material; or |
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(E) regulated metal. |
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(10) "Regulated metal" means: |
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(A) manhole covers; |
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(B) guardrails; |
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(C) metal cylinders designed to contain |
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compressed air, oxygen, gases, or liquids; |
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(D) beer kegs made from metal other than |
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aluminum; |
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(E) historical markers or cemetery vases, |
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receptacles, or memorials made from metal other than aluminum; |
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(F) unused rebar; |
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(G) street signs; |
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(H) drain gates; |
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(I) safes; |
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(J) communication, transmission, and service |
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wire or cable; |
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(K) condensing or evaporator coils for central |
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heating or air conditioning units; |
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(L) utility structures, including the fixtures |
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and hardware; |
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(M) aluminum or stainless steel containers |
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designed to hold propane for fueling forklifts; |
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(N) metal railroad equipment, including tie |
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plates, signal houses, control boxes, signs, signals, traffic |
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devices, traffic control devices, traffic control signals, switch |
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plates, e-clips, and rail tie functions; |
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(O) catalytic converters not attached to a |
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vehicle; |
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(P) fire hydrants; |
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(Q) metal bleachers or other seating facilities |
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used in recreational areas or sporting arenas; |
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(R) any metal item clearly and conspicuously |
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marked with any form of the name, initials, or logo of a |
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governmental entity, utility, cemetery, or railroad; |
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(S) insulated utility, communications, or |
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electrical wire that has been burned in whole or in part to remove |
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the insulation; |
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(T) backflow valves; [and] |
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(U) metal in the form of commonly recognized |
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products of the industrial metals recycling process, including |
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bales, briquettes, billets, sows, ingots, pucks, and chopped or |
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shredded metals; and |
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(V) commercial grade lead batteries or lead-acid |
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batteries. |
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SECTION 2. Section 1956.002, Occupations Code, is amended |
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to read as follows: |
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Sec. 1956.002. EXCEPTION. This chapter does not apply to: |
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(1) a purchase of regulated material from a public |
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utility, a telecommunications provider as defined by Section |
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51.002, Utilities Code, a cable service provider as defined by |
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Section 66.002, Utilities Code, a video service provider as defined |
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by Section 66.002, Utilities Code, or a manufacturing, industrial, |
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commercial, retail, or other seller that sells regulated material |
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in the ordinary course of the seller's business; |
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(2) a purchase of regulated material by a manufacturer |
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whose primary business is the manufacture of iron and steel |
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products made from melting scrap iron and scrap steel; or |
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(3) the transport or hauling of recyclable materials |
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to or from the metal recycling entity. |
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SECTION 3. Section 1956.032, Occupations Code, is amended |
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by adding Subsection (a-1) to read as follows: |
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(a-1) A person attempting to sell regulated material to a |
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metal recycling entity shall sign a written statement provided by |
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the metal recycling entity certifying that the person has not |
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previously been convicted of an offense: |
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(1) under Section 31.03, Penal Code, if the property |
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stolen was regulated material; or |
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(2) under another law of this state or of another |
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jurisdiction involving the sale of regulated material. |
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SECTION 4. Section 1956.033(b), Occupations Code, is |
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amended to read as follows: |
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(b) The record must be in English and include: |
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(1) the place and date of the purchase; |
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(2) the name and address of the seller in possession of |
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the regulated material purchased; |
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(3) the identifying number of the seller's personal |
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identification document; |
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(4) a description made in accordance with the custom |
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of the trade of the commodity type and quantity of regulated |
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material purchased; |
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(5) the information required by Sections |
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1956.032(a)(2) and (3) and (a-1); |
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(6) as applicable: |
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(A) the identifying number of the seller's air |
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conditioning and refrigeration contractor license displayed under |
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Section 1956.032(a)(4)(A); |
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(B) a copy of the seller's air conditioning and |
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refrigeration technician registration displayed under Section |
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1956.032(a)(4)(B); |
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(C) a copy of the documentation described by |
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Section 1956.032(a)(4)(C); or |
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(D) a copy of the documentation described by |
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Section 1956.032(a)(4)(D); |
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(7) if applicable, a copy of the documentation |
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described by Section 1956.032(a)(5); and |
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(8) a copy of the documentation described by Section |
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1956.032(g). |
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SECTION 5. Section 1956.038, Occupations Code, is amended |
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by amending Subsections (a), (b), and (c) and adding Subsection |
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(b-1) to read as follows: |
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(a) A person may not, with the intent to deceive: |
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(1) display to a metal recycling entity a false or |
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invalid personal identification document in connection with the |
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person's attempted sale of regulated material; |
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(2) make a false, material statement or representation |
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to a metal recycling entity in connection with: |
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(A) that person's execution of a written |
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statement required by Sections [Section] 1956.032(a)(3) and (a-1); |
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or |
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(B) the entity's efforts to obtain the |
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information required under Section 1956.033(b); |
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(3) display or provide to a metal recycling entity any |
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information required under Section 1956.032 that the person knows |
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is false or invalid; or |
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(4) display another individual's personal |
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identification document in connection with the sale of regulated |
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material. |
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(b) A metal recycling entity may only [not] pay for a |
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purchase of regulated material in the manner provided by Section |
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1956.0381 [in cash if:
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[(1)
the entity does not hold a certificate of
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registration under Subchapter A-2 and, if applicable, a license or
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permit required by a county, municipality, or other political
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subdivision as authorized under Section 1956.003(b); or
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[(2)
the entity has been prohibited by the department
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from paying cash under Section 1956.036(e)]. |
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(b-1) A metal recycling entity may not enter into more than |
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one transaction for the purchase of regulated material from the |
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same seller in a business day. |
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(c) A person may not sell or attempt to sell regulated |
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material to a metal recycling entity if the person has been |
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previously convicted of an offense: |
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(1) under Section 31.03, Penal Code, if the property |
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stolen was regulated material; or |
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(2) under another law of this state or of another |
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jurisdiction involving the sale of regulated material |
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[Notwithstanding Section 1956.003(a) or any other law, a county,
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municipality, or other political subdivision may not adopt or
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enforce a rule, charter, or ordinance or issue an order or impose
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standards that limit the use of cash by a metal recycling entity in
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a manner more restrictive than that provided by Subsection (b)]. |
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SECTION 6. Subchapter A-3, Chapter 1956, Occupations Code, |
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is amended by adding Sections 1956.0381 and 1956.041 to read as |
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follows: |
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Sec. 1956.0381. PAYMENT BY METAL RECYCLING ENTITY. (a) |
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Except as provided by Subsection (c), a metal recycling entity may |
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only pay for a purchase of regulated material by: |
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(1) check; |
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(2) money order; or |
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(3) direct deposit by electronic funds transfer. |
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(b) A metal recycling entity that pays for a purchase of |
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regulated material by check or money order shall obtain a digital |
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photograph or video recording that accurately depicts: |
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(1) the seller's entire face; and |
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(2) each type of regulated material purchased. |
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(c) For any sale of regulated material to a metal recycling |
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entity in which the amount of the transaction is equal to or exceeds |
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$25, the metal recycling entity must pay the seller by mailing to |
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the address located on the personal identification document |
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provided by the seller under Section 1956.032: |
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(1) a check or money order made payable to the seller; |
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or |
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(2) a notice to the seller stating the time after which |
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the seller may pick up at the metal recycling entity a check or |
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money order made payable to the seller. |
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Sec. 1956.041. ADMINISTRATIVE PENALTY. (a) The |
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commission, after notice and an opportunity for a hearing, may |
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impose an administrative penalty on a person who violates Section |
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1956.036. |
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(b) The amount of the administrative penalty may not exceed |
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$1,000. Each day a violation occurs or continues to occur is a |
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separate violation for the purpose of imposing a penalty. In |
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determining the amount of the administrative penalty, the |
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commission shall consider: |
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(1) the seriousness of the violation, including the |
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nature, circumstances, extent, and gravity of the violation; |
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(2) the economic harm caused by the violation; |
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(3) the history of previous violations; |
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(4) the amount necessary to deter a future violation; |
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(5) efforts to correct the violation; and |
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(6) any other matter that justice may require. |
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(c) The enforcement of the administrative penalty may be |
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stayed during the time the order is under judicial review if the |
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person pays the penalty to the clerk of the court or files a |
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supersedeas bond with the court in the amount of the penalty. A |
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person who cannot afford to pay the penalty or file the bond may |
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stay the enforcement by filing an affidavit in the manner required |
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by the Texas Rules of Civil Procedure for a party who cannot afford |
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to file security for costs, subject to the right of the commission |
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to contest the affidavit as provided by those rules. |
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(d) The attorney general may sue to collect the |
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administrative penalty. |
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(e) A proceeding to impose an administrative penalty is |
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considered to be a contested case under Chapter 2001, Government |
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Code. |
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SECTION 7. The following provisions of the Occupations Code |
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are repealed: |
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(1) Section 1956.036(e); and |
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(2) Section 1956.038(d). |
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SECTION 8. Section 1956.041, Occupations Code, as added by |
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this Act, applies only to a violation of Section 1956.036, |
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Occupations Code, as amended by this Act, committed on or after the |
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effective date of this Act. A violation committed before the |
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effective date of this Act is governed by the law in effect on the |
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date the violation was committed, and the former law is continued in |
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effect for that purpose. |
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SECTION 9. This Act takes effect September 1, 2015. |