88R8234 JCG-F
 
  By: Thompson of Harris H.B. No. 2382
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the regulation of crafted precious metal.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 1956.051(3), Occupations Code, is
  amended to read as follows:
               (3)  "Crafted precious metal" means jewelry,
  silverware, an art object, or another object, made wholly or partly
  from precious metal and used primarily for personal, family, or
  household purposes [purchases]. The term does not include:
                     (A)  a coin;
                     (B)  a bar;
                     (C)  a commemorative medallion;
                     (D)  [an item selling at 105 percent or more of the
  scrap value of the item;
                     [(E)]  an item made wholly or partly from precious
  metal and used for a dental, pharmaceutical, or medical
  application; or
                     (E) [(F)]  an item made wholly or partly from
  precious metal extracted, recovered, or salvaged from an industrial
  by-product or industrial waste product.
         SECTION 2.  Section 1956.062(a), Occupations Code, is
  amended to read as follows:
         (a)  A dealer shall, as required by Sections [Section]
  1956.063 and 1956.0635, report all identifiable crafted precious
  metal that the dealer purchases, takes in trade, accepts for sale on
  consignment, or accepts for auction.
         SECTION 3.  Subchapter B, Chapter 1956, Occupations Code, is
  amended by adding Section 1956.0635 to read as follows:
         Sec. 1956.0635.  REPORT TO ELECTRONIC DATABASE. (a)  In
  addition to the report required by Section 1956.063, a dealer shall
  report each transaction regulated by this subchapter to an online
  database that is:
               (1)  used by law enforcement agencies to investigate
  offenses related to crafted precious metal and other property; and
               (2)  designated by the department for purposes of this
  section. 
         (b)  The department by rule shall designate the database to
  which a dealer is required to report under Subsection (a). 
         SECTION 4.  Section 1956.069(a), Occupations Code, is
  amended to read as follows:
         (a)  A person commits an offense if the person:
               (1)  fails to make or permit inspection of a report as
  required by Section 1956.062, [or] 1956.063, or 1956.0635;
               (2)  violates Section 1956.0612 or 1956.064;
               (3)  fails to permit inspection of crafted precious
  metal as required by Section 1956.065;
               (4)  fails to obtain or retain a statement as required
  by Section 1956.066;
               (5) [(4)]  fails to file a registration statement as
  required by Section 1956.067; or
               (6) [(5)]  purchases an object in violation of Section
  1956.068.
         SECTION 5.  Section 1956.0635, Occupations Code, as added by
  this Act, applies only to a transaction that occurs on or after
  January 1, 2024.
         SECTION 6.  Section 1956.069(a), Occupations Code, as
  amended 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.
         SECTION 7.  Not later than December 1, 2023, the Department
  of Public Safety by rule shall designate the online database to
  which a dealer is required to report under Section 1956.0635,
  Occupations Code, as added by this Act.
         SECTION 8.  This Act takes effect September 1, 2023.