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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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authorizing the change of a fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1956.0612(c), Occupations Code, is |
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amended to read as follows: |
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(c) The commissioner shall prescribe the processing fee in |
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an amount necessary to cover the costs of administering this |
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subchapter [section]. |
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SECTION 2. Section 1956.0613, Occupations Code, is amended |
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to read as follows: |
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Sec. 1956.0613. INVESTIGATION BY COMMISSIONER. (a) The |
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commissioner shall: |
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(1) monitor the operations of a dealer to ensure |
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compliance with this subchapter [chapter]; and |
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(2) receive and investigate complaints against a |
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dealer or a person acting as a dealer. |
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(b) At the times the commissioner considers necessary, the |
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commissioner or the commissioner's representative may: |
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(1) examine each place of business of each dealer; and |
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(2) investigate the dealer's transactions and records, |
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including books, accounts, papers, and correspondence, to the |
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extent the transactions and records pertain to the business |
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regulated under this subchapter. |
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(c) A dealer shall: |
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(1) give the commissioner or the commissioner's |
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representative free access to the dealer's office, place of |
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business, files, safes, and vaults; and |
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(2) allow the commissioner or the representative to |
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make a copy of an item that may be investigated under Subsection |
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(b)(2). |
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(d) The commissioner or the commissioner's representative |
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shall examine under Subsection (b) at least 10 dealers each |
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calendar year. |
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SECTION 3. Subchapter B, Chapter 1956, Occupations Code, is |
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amended by adding Section 1956.0616 to read as follows: |
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Sec. 1956.0616. NOTICE OF ENFORCEMENT ORDER. (a) As soon |
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as practicable after an enforcement order against a dealer for a |
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violation of this subchapter becomes final, including an order |
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assessing an administrative penalty or an order to pay restitution |
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under Section 14.251(b)(3), Finance Code, the commissioner shall |
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provide notice of the order to: |
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(1) the chief of police of the municipality in which |
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the violation occurred; or |
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(2) the sheriff of the county in which the violation |
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occurred, if the violation did not occur in a municipality. |
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(b) The notice must include: |
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(1) a copy of the enforcement order; |
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(2) the information on complaint procedures described |
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by Section 14.062(b), Finance Code; and |
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(3) any other information the commissioner considers |
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necessary or proper to the enforcement of this subchapter. |
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SECTION 4. (a) Except as provided by Subsection (b) of this |
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section, this Act takes effect September 1, 2021. |
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(b) Section 1956.0613, Occupations Code, as amended by this |
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Act, takes effect January 1, 2022. |