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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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creating a criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1956.001(8), Occupations Code, is |
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amended to read as follows: |
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(8) "Personal identification document" means: |
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(A) a valid driver's license issued by a state in |
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the United States; |
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(B) a United States military identification |
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card; [or] |
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(C) a personal identification certificate issued |
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by the department under Section 521.101, Transportation Code, or a |
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corresponding card or certificate issued by another state; |
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(D) a passport; or |
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(E) documentation issued by the United States |
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agency responsible for citizenship and immigration that authorizes |
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the person to be in the United States. |
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SECTION 2. Section 1956.062, Occupations Code, is amended |
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by amending Subsection (c) and adding Subsection (c-1) to read as |
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follows: |
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(c) The dealer shall: |
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(1) record the identification [proposed seller's
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driver's license] number [or department personal identification
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certificate number on physical presentation] of the seller's |
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personal identification document; |
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(2) visually verify the accuracy of the seller's |
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personal identification document and make a copy of the document; |
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(3) obtain a digital photograph that accurately |
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depicts each item of crafted precious metal purchased; and |
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(4) obtain a digital photograph that accurately |
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depicts [license or personal identification certificate by] the |
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seller. |
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(c-1) The copy of the seller's personal identification |
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document and the photographs described by Subsections (c)(3) and |
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(4) [record] must accompany the list. |
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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 11th day after the date the report is |
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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 4. 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 5. 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, or 1956.065; |
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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) [(5)] purchases an object in violation of Section |
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1956.066 or 1956.068. |
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(b) An offense under this section is a Class B misdemeanor, |
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except that the offense is: |
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(1) a Class A misdemeanor if it is shown on the trial |
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of the offense that the defendant has been previously convicted of |
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an offense under this section; and |
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(2) a state jail felony if it is shown on the trial of |
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the offense that the defendant has previously been convicted two or |
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more times of an offense under this section. |
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SECTION 6. The changes in law made by this Act apply only to |
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an offense committed on or after the effective date of this Act. An |
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offense committed before the effective date of this Act is governed |
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by the law in effect on the date the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense occurred before that date. |
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SECTION 7. (a) Except as provided by Subsection (b) of this |
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section, this Act takes effect September 1, 2015. |
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(b) Section 1956.069, Occupations Code, as amended by this |
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Act, takes effect December 1, 2015. |