|
|
|
|
AN ACT
|
|
relating to sale of returnable containers; creating a criminal |
|
offense. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. The heading to Chapter 204, Business & Commerce |
|
Code, is amended to read as follows: |
|
CHAPTER 204. SALE OF RETURNABLE [PLASTIC BULK MERCHANDISE] |
|
CONTAINER |
|
SECTION 2. Section 204.001, Business & Commerce Code, is |
|
amended to read as follows: |
|
Sec. 204.001. DEFINITIONS. In this chapter: |
|
(1) ["Plastic bulk merchandise container" means a
|
|
plastic crate or shell used by a product producer, distributor, or
|
|
retailer for the bulk transportation or storage of retail
|
|
containers of milk, eggs, or bottled beverage products.
|
|
[(2)] "Proof of ownership" includes a bill of |
|
sale or other evidence showing that an item has been sold to the |
|
person possessing the item. |
|
(2) "Returnable container" means a device made of any |
|
material that is used to hold, contain, or convert goods into a |
|
package and is suitable for repeated use. The term includes |
|
baskets, trays, or other containers used by a product producer, |
|
distributor, or retailer for the transportation or storage of |
|
goods. |
|
SECTION 3. The heading to Section 204.002, Business & |
|
Commerce Code, is amended to read as follows: |
|
Sec. 204.002. REQUIREMENTS APPLICABLE TO SALE OF RETURNABLE |
|
[PLASTIC BULK MERCHANDISE] CONTAINER. |
|
SECTION 4. Sections 204.002(a) and (c), Business & Commerce |
|
Code, are amended to read as follows: |
|
(a) A person who is in the business of recycling, shredding, |
|
or destroying returnable [plastic bulk merchandise] containers, |
|
before purchasing five or more returnable [plastic bulk
|
|
merchandise] containers from the same person, shall: |
|
(1) obtain from that person: |
|
(A) proof of ownership for the containers; and |
|
(B) a record that contains: |
|
(i) the name, address, and telephone number |
|
of the person or the person's authorized representative; |
|
(ii) the name and address of the buyer of |
|
the containers or any consignee of the containers; |
|
(iii) a description of the containers, |
|
including the number of the containers to be sold; and |
|
(iv) the date of the transaction; and |
|
(2) verify: |
|
(A) the identity of the individual selling the |
|
containers or representing the seller from a driver's license or |
|
other government-issued identification card that includes the |
|
individual's photograph, and record the verification; or |
|
(B) in a manner determined by the purchaser that |
|
the individual is acting on behalf of a corporation, business, |
|
government, or governmental subdivision or agency. |
|
(c) A person who is in the business of recycling, shredding, |
|
or destroying returnable [plastic bulk merchandise] containers and |
|
who purchases a returnable [plastic bulk merchandise] container |
|
from an individual, unless the person verifies in a manner |
|
determined by the purchaser that the individual is acting on behalf |
|
of a corporation, business, government, or governmental |
|
subdivision or agency: |
|
(1) may not pay for the purchase of any returnable |
|
[plastic bulk merchandise] container with cash; and |
|
(2) shall, for each transaction in which the person |
|
purchases one or more returnable [plastic bulk merchandise] |
|
containers, record the method of payment used to purchase the |
|
containers. |
|
SECTION 5. Section 204.003(a), Business & Commerce Code, is |
|
amended to read as follows: |
|
(a) A person who is in the business of recycling, shredding, |
|
or destroying returnable [plastic bulk merchandise] containers may |
|
not use an artifice to avoid the application of Section 204.002, |
|
including documenting purchases from the same person on the same |
|
day as multiple transactions. |
|
SECTION 6. Sections 204.005(a) and (b), Business & Commerce |
|
Code, are amended to read as follows: |
|
(a) A person who is in the business of recycling, shredding, |
|
or destroying returnable [plastic bulk merchandise] containers who |
|
violates this chapter commits an offense. |
|
(b) Except as provided by Subsection (c), an offense under |
|
this section is a Class C misdemeanor punishable by: |
|
(1) a fine not to exceed $350, if the total purchase |
|
price of the returnable [plastic bulk merchandise] containers to |
|
which the offense relates is less than $1,000; or |
|
(2) a fine not to exceed $700, if the total purchase |
|
price of the returnable [plastic bulk merchandise] containers to |
|
which the offense relates is $1,000 or more. |
|
SECTION 7. The changes in law made by this Act apply 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. |
|
SECTION 8. This Act takes effect September 1, 2019. |
|
|
|
______________________________ |
______________________________ |
|
President of the Senate |
Speaker of the House |
|
|
|
I certify that H.B. No. 4584 was passed by the House on May 3, |
|
2019, by the following vote: Yeas 137, Nays 3, 2 present, not |
|
voting. |
|
|
|
______________________________ |
|
Chief Clerk of the House |
|
|
|
I certify that H.B. No. 4584 was passed by the Senate on May |
|
22, 2019, by the following vote: Yeas 31, Nays 0. |
|
|
|
______________________________ |
|
Secretary of the Senate |
|
APPROVED: _____________________ |
|
Date |
|
|
|
_____________________ |
|
Governor |