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AN ACT
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relating to the registration and regulation of metal recycling |
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entities; providing penalties. |
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�������BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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�������SECTION�1.��The heading to Chapter 1956, Occupations Code, |
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is amended to read as follows: |
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CHAPTER 1956. �[SALES TO METAL DEALERS AND] |
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METAL RECYCLING ENTITIES |
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�������SECTION�2.��Chapter 1956, Occupations Code, is amended by |
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amending Subchapter A and adding Subchapters A-1, A-2, and A-3 to |
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read as follows: |
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SUBCHAPTER A. �GENERAL PROVISIONS [SALE OF ALUMINUM, BRONZE, OR
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COPPER OR BRASS MATERIAL TO SECONDHAND METAL DEALERS] |
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�������Sec.�1956.001.��DEFINITIONS. �In this chapter [subchapter]: |
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�������������(1)��"Aluminum material" means a product made from |
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aluminum, an aluminum alloy, or an aluminum by-product. The term |
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includes aluminum wiring and an aluminum beer keg but does not |
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include another type of aluminum can used to contain a food or |
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beverage. |
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�������������(2)��"Bronze material" means: |
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�������������������(A)��a cemetery vase, receptacle, or memorial made |
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from bronze; |
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�������������������(B)��bronze statuary; or |
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�������������������(C)��material readily identifiable as bronze, |
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including bronze wiring. |
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�������������(3)��"Commission" means the Public Safety Commission. |
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�������������(4)��"Copper or brass material" means: |
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�������������������(A)��insulated or noninsulated copper wire or |
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cable of the type used by a public utility or common carrier that |
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contains copper or an alloy of copper or zinc�[consists of at least
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50 percent copper]; [or] |
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�������������������(B)��a copper or brass item of a type commonly used |
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in construction or by a public utility; or |
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�������������������(C)��copper pipe or copper tubing. |
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�������������(5)�[(4)]��"Department" means the Texas Department of |
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Public Safety. |
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�������������(6)��"Director"�means the public safety director. |
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�������������(7)��"Metal recycling entity" means a business that is |
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operated from a fixed location and is predominantly engaged in: |
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�������������������(A)��performing the manufacturing process by |
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which scrap, used, or obsolete ferrous or nonferrous metal is |
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converted into raw material products consisting of prepared grades |
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and having an existing or potential economic value, by a method that |
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in part requires the use of powered tools and equipment, including |
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processes that involve processing, sorting, cutting, classifying, |
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cleaning, baling, wrapping, shredding, shearing, or changing the |
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physical form of that metal; |
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�������������������(B)��the use of raw material products described |
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under Paragraph (A) in the manufacture of producer or consumer |
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goods; or |
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�������������������(C)��purchasing or otherwise acquiring scrap, |
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used, or obsolete ferrous or nonferrous metals for the eventual use |
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of the metal for the purposes described by Paragraph (A) or (B). |
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�������������(8)�[(5)]��"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 passport issued by the United States or by
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another country and recognized by the United States; or
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�������������������[(D)]��a personal identification certificate |
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issued by the department under Section 521.101, Transportation |
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Code, or a corresponding card or certificate issued by another |
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state. |
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�������������(9)�[(6)]��"Regulated material" means: |
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�������������������(A)��aluminum material; |
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�������������������(B)��bronze material; [or] |
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�������������������(C)��copper or brass material; or |
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�������������������(D)��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 heating or |
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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; and |
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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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�������������[(7)��"Secondhand metal dealer" means:
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�������������������[(A)
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an auto wrecker, a scrap metal processor, or
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another person or organization that purchases, collects, or
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solicits regulated material; or
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�������������������[(B)
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a person who operates or maintains a scrap
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metal yard or other place in which scrap metal or cast-off regulated
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material is collected or kept for shipment, sale, or transfer]. |
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�������Sec.�1956.002.��EXCEPTION. �This chapter [subchapter] does |
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not apply to: |
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�������������(1)��a purchase of regulated material from a public |
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utility or a�manufacturing, industrial, [or other] commercial, |
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retail, or other seller [vendor] that sells regulated material in |
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the ordinary course of the seller's [vendor'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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�������Sec.�1956.003.��LOCAL LAW. �(a)��A county, municipality, or |
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political subdivision of this state may adopt a rule, charter, or |
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ordinance or issue an order or impose standards that are more |
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stringent than but do not conflict with this chapter or rules |
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adopted under this chapter. |
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�������(b)��A county, municipality, or political subdivision of |
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this state may issue a license or permit to a business to allow the |
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business to act as a metal recycling entity in that county or |
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municipality and may impose a fee not to exceed $250 for the |
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issuance or renewal of the license or permit. |
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�������(b-1)��A municipality or political subdivision of this |
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state, other than a county, may not increase the local license or |
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permit fee imposed on a metal recycling facility to an amount that |
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exceeds 25 percent of the fee charged by the municipality or |
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political subdivision on January 1, 2007. This subsection expires |
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January 1, 2010. |
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�������(c)��A county, municipality, or political subdivision of |
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this state that issues a license or permit to a business as |
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authorized under Subsection (b) shall submit to the department in |
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the manner required by the department information on each business |
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that is issued a license or permit. |
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�������(d)��A municipality or political subdivision of this state, |
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other than a county, may not increase the local license or permit |
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fee imposed on a metal recycling facility unless the increase is |
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approved by the local governing body.��A request for an increase in |
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the local license or permit fee must be based on the costs |
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associated with law enforcement and administration of the licensing |
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or permitting program. �The municipality or political subdivision |
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must submit a report to the department on the law enforcement and |
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administrative costs associated with the fee increase. |
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�������(e)��A county may increase the local license or permit fee |
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imposed on a metal recycling facility one additional time before |
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the second anniversary of the date of the initial fee increase. The |
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fee increase must be based on the average cost charged by |
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municipalities statewide. |
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[Sections 1956.004-1956.010 reserved for expansion] |
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SUBCHAPTER A-1. �POWERS AND DUTIES |
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�������Sec.�1956.011.��ADMINISTRATION OF CHAPTER. The department |
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shall administer this chapter. |
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�������Sec.�1956.012.��DEPARTMENT STAFF. The department may employ |
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administrative and clerical staff as necessary to carry out this |
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chapter. |
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�������Sec.�1956.013.��RULES. �The commission may adopt rules to |
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administer this chapter, including rules: |
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�������������(1)��establishing minimum requirements for |
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registration under this chapter; and |
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�������������(2)��adopting forms required by this chapter. |
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�������Sec.�1956.014.��FEES; REPORTS. (a)��The commission by rule |
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shall prescribe fees in reasonable amounts sufficient to cover the |
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costs of administering this chapter, including fees for: |
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�������������(1)��an initial application for a certificate of |
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registration; |
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�������������(2)��issuance of a certificate of registration; |
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�������������(3)��issuance of a renewal certificate of registration; |
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and |
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�������������(4)��issuance of a duplicate certificate of |
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registration or duplicate renewal certificate of registration. |
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�������(b)��The commission may not impose a fee for issuance of a |
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certificate of registration that exceeds $250 annually. The |
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department shall report annually to the legislature, not later than |
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December 1, any costs associated with administering this chapter |
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that are not covered by the fees assessed under this chapter. |
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�������(c)��The department annually shall submit to both houses of |
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the legislature a report on the number of metal recycling entities |
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who have complied with the registration requirements under this |
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chapter and the total number of metal recycling entities identified |
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statewide. The report must include the information on metal |
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recycling entities submitted to the department by municipalities, |
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counties, and other political subdivisions of this state. |
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�������(d)��Not later than March 1, 2008, the department shall |
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submit to both houses of the legislature a report on the actual |
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costs incurred by the department in administering this chapter. |
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This subsection expires January 1, 2009. |
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�������Sec.�1956.015.��STATEWIDE ELECTRONIC REPORTING SYSTEM. � |
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(a)��The department shall establish a statewide electronic |
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reporting system to track the sales of regulated metal reported to |
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the department under Section 1956.036. |
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�������(b)��The department shall post a summary of the reports |
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provided to the department under Section 1956.036 on the |
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department's Internet website. The summary must include by county |
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or region the frequency with which a person presents regulated |
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materials for sale to a metal recycling entity. �The summary may not |
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identify any person to which the metal recycling entity sells the |
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regulated materials. |
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�������(c)��Subsection (b) does not apply to regulated material sold |
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by a utility company, municipality, manufacturer, railroad, |
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cemetery, cable or satellite entity, or other business entity that |
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routinely has access to regulated metal. |
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�������(d)��The department shall maintain the confidentiality of |
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information provided under this section that relates to the |
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financial condition or business affairs of a metal recycling entity |
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or that is otherwise commercially sensitive. The confidential |
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information is not subject to disclosure under Chapter 552, |
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Government Code. |
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[Sections 1956.016-1956.020 reserved for expansion] |
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SUBCHAPTER A-2. �CERTIFICATE OF REGISTRATION |
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�������Sec.�1956.021.��REGISTRATION REQUIRED. A person may not act |
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as a metal recycling entity or represent to the public that the |
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person is a metal recycling entity unless the person is registered |
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under this chapter. |
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�������Sec.�1956.022.��ISSUANCE OF CERTIFICATE; QUALIFICATIONS. |
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(a)��The department shall issue a certificate of registration to an |
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applicant who: |
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�������������(1)��applies and pays a registration fee; and |
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�������������(2)��presents any relevant evidence relating to the |
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applicant's qualifications as required by commission rule. |
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�������(b)��The commission by rule may establish qualifications for |
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the holder of a certificate of registration under this chapter, |
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which may include accepting copies of a license or permit issued by |
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a county or municipality authorizing a metal recycling entity to |
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conduct business in that county or municipality. |
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�������Sec.�1956.023.��TERM OF CERTIFICATE. (a)��A certificate of |
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registration is valid for two years after the date of issuance. |
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�������(b)��The department shall adopt a system under which |
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certificates of registration expire and are renewed on various |
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dates. |
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�������(c)��Not later than the 45th day before the date a person's |
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certificate of registration is scheduled to expire, the department |
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shall send written notice of the impending expiration to the person |
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at the person's last known address according to the records of the |
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department. |
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�������(d)��A person whose certificate of registration has expired |
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may not make a representation for which a certificate of |
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registration is required under Section 1956.021 or perform |
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collections services until the certificate has been renewed. |
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�������Sec.�1956.024.��RENEWAL OF CERTIFICATE. (a)��To renew a |
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certificate of registration, a person must submit an application |
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for renewal in the manner prescribed by the department. |
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�������(b)��A person who is otherwise eligible to renew a |
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certificate of registration may renew an unexpired certificate by |
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paying the required renewal fee to the department before the |
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expiration date of the certificate. |
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�������(c)��A person whose certificate of registration has been |
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expired for 90 days or less may renew the certificate by paying to |
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the department a renewal fee that is equal to 1-1/2 times the |
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normally required renewal fee. |
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�������(d)��A person whose certificate of registration has been |
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expired for more than 90 days but less than one year may renew the |
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certificate by paying to the department a renewal fee that is equal |
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to two times the normally required renewal fee. |
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�������(e)��A person whose certificate of registration has been |
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expired for one year or more may not renew the certificate. The |
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person may obtain a new certificate of registration by complying |
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with the requirements and procedures, including the examination |
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requirements, for an original certificate. |
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[Sections 1956.025-1956.030 reserved for expansion] |
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SUBCHAPTER A-3. �PRACTICE BY CERTIFICATE HOLDERS |
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�������Sec.�1956.031�[1956.003].��NOTICE TO SELLERS. (a)��A metal |
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recycling entity [secondhand metal dealer] shall at all times |
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maintain in a prominent place in the entity's [dealer's] place of |
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business, in open view to a seller of regulated material, a notice |
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in two-inch lettering that: |
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�������������(1)��includes the following language: |
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�������"A PERSON ATTEMPTING TO SELL ANY REGULATED MATERIAL MUST |
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PRESENT SUFFICIENT IDENTIFICATION AND WRITTEN PROOF OF OWNERSHIP |
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REQUIRED BY STATE LAW." |
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�������"WARNING: STATE LAW PROVIDES A CRIMINAL PENALTY FOR A PERSON |
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WHO INTENTIONALLY PROVIDES A FALSE DOCUMENT OF IDENTIFICATION OR |
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OTHER FALSE INFORMATION TO A METAL RECYCLING ENTITY [SECONDHAND
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METAL DEALER] WHILE ATTEMPTING TO SELL ANY REGULATED MATERIAL."; |
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and |
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�������������(2)��states the metal recycling entity's [secondhand
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metal dealer's] usual business hours. |
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�������(b)��The notice required by this section may be contained on |
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a sign that contains another notice if the metal recycling entity� |
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[secondhand metal dealer] is required to display another notice |
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under applicable law. |
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�������Sec.�1956.032�[1956.004].��INFORMATION PROVIDED BY SELLER. |
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(a)��Except as provided by Subsection (f), a�[A] person attempting |
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to sell regulated material to a metal recycling entity�[secondhand
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metal dealer] shall: |
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�������������(1)��display to the metal recycling entity�[secondhand
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metal dealer] the person's personal identification document [or
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sign a statement that the person does not possess such a document]; |
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[and] |
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�������������(2)��provide to the metal recycling entity the make, |
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model, and license plate number of the motor vehicle used to |
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transport the regulated material; and |
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�������������(3)��either: |
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�������������������(A)��present written documentation evidencing |
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that the person is the legal owner or is lawfully entitled to sell |
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the regulated material; or |
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�������������������(B)��sign a written statement provided by the |
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metal recycling entity�[secondhand metal dealer] that the person is |
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the legal owner of or is lawfully entitled to sell the regulated |
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material offered for sale. |
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�������(b)��A person required by a municipality to prepare a signed |
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statement consisting of the information required by Subsection |
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(a)(3)�[(a)(1) or (2)] may use the statement required by the |
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municipality to comply with Subsection (a)(3)�[(a)(1) or (2)]. |
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�������(c)��The metal recycling entity�[secondhand metal dealer] or |
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the entity's [dealer's] agent shall visually verify the accuracy of |
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the identification presented by the seller at the time of the |
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purchase of regulated material and make a copy of the |
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identification to be maintained by the entity in the entity's |
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records, except as otherwise provided by Subsection (f). |
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�������(d)��The metal recycling entity or the entity's agent for |
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recordkeeping purposes may photograph the seller's entire face, not |
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including any hat, and obtain the name of the seller's employer. |
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�������(e)��The metal recycling entity or the entity's agent for |
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recordkeeping purposes may take a photograph of the motor vehicle |
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of the seller in which the make, model, and license plate number of |
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the motor vehicle are identifiable in lieu of the information |
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required under Subsection (a)(3). |
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�������(f)��The metal recycling entity is not required to make a |
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copy of the identification as required under Subsection (c) or |
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collect the information required under Subsection (a)(3) if: |
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�������������(1)��the seller signs the written statement as required |
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under Subsection (a)(3); |
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�������������(2)��the seller has previously provided the information |
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required under Subsection (a); and |
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�������������(3)��the previously provided information has not |
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changed. |
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�������Sec.�1956.033�[1956.005].��RECORD OF PURCHASE. (a)��Each |
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metal recycling entity [A secondhand metal dealer] in this state |
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shall keep an accurate electronic record or an�accurate and legible |
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written record of each purchase made in the course of the entity's |
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[dealer's] business from an individual of: |
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�������������(1)��copper or brass material [in excess of 50 pounds]; |
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�������������(2)��bronze material; [or] |
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�������������(3)��aluminum material; or |
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�������������(4)��regulated metal�[in excess of 40 pounds]. |
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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 each individual from whom |
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the regulated material is purchased or obtained; |
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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 type and quantity of regulated material |
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purchased; and |
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�������������(5)��the information�[statement] required by Section |
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1956.032(a)(3) [1956.004(a)(2)]. |
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�������Sec.�1956.034�[1956.006].��PRESERVATION OF RECORDS. A metal |
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recycling entity�[secondhand metal dealer] shall preserve each |
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record required by Sections 1956.032 and 1956.033 [Section
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1956.005] until the third anniversary of the date the record was |
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made. |
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�������Sec.�1956.035�[1956.007].��INSPECTION OF RECORDS BY PEACE |
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OFFICER. (a)��On request, a metal recycling entity�[secondhand
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metal dealer] shall permit a peace officer of this state to inspect, |
�
|
during the entity's�[dealer's] usual business hours: |
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|
�������������(1)��a record required by Section 1956.033 [1956.005]; |
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|
or |
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|
�������������(2)��regulated material in the entity's�[dealer's] |
�
|
possession. |
�
|
�������(b)��The inspecting officer shall inform the entity�[dealer] |
�
|
of the officer's status as a peace officer. |
�
|
�������Sec.�1956.036�[1956.008].��FURNISHING OF REPORT TO |
�
|
DEPARTMENT. (a)��Except as provided by Subsection (b), not later |
�
|
than the seventh day after the date of the purchase or other |
�
|
acquisition of material for which a record is required under |
�
|
Section 1956.033 [1956.005], a metal recycling entity�[secondhand
|
�
|
metal dealer] shall send by facsimile or electronic�mail to or file |
�
|
with the department a report containing the information required to |
�
|
be recorded under that section. |
�
|
�������(b)��If a metal recycling entity�[secondhand metal dealer] |
�
|
purchases bronze material that is a cemetery vase, receptacle, |
�
|
memorial, or statuary or a pipe that can reasonably be identified as |
�
|
aluminum irrigation pipe, the entity [dealer] shall: |
�
|
�������������(1)��not later than the close of business on the |
�
|
entity's�[dealer's] first working day after the purchase date, |
�
|
[orally] notify the department; and |
�
|
�������������(2)��not later than the fifth day after the purchase |
�
|
date, mail to or file with the department a report containing the |
�
|
information required to be recorded under Section 1956.033 |
�
|
[1956.005]. |
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|
�������(c)��Subsection (b) does not apply to a purchase from: |
�
|
�������������(1)��the manufacturer or fabricator of the material or |
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|
pipe; |
�
|
�������������(2)��a seller bearing a bill of sale for the material or |
�
|
pipe; or |
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|
�������������(3)��the owner of the material or pipe. |
�
|
�������Sec.�1956.037�[1956.009].��PLACEMENT OF ITEMS ON HOLD. |
�
|
(a)��A metal recycling entity may not dispose of, process, sell, or |
�
|
remove from the premises an item of regulated metal unless: |
�
|
�������������(1)��the entity acquired the item more than 72 hours, |
�
|
excluding weekends and holidays, before the disposal, processing, |
�
|
sale, or removal; or |
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|
�������������(2)��the entity purchased the item from a |
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|
manufacturing, industrial, commercial, retail, or other seller |
�
|
that sells regulated material in the ordinary course of its |
�
|
business. |
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|
�������(b)��A peace officer who has reasonable suspicion to believe |
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|
that an item of regulated material in the possession of a metal |
�
|
recycling entity�[secondhand metal dealer] is stolen may place the |
�
|
item on hold by issuing to the entity�[dealer] a written notice |
�
|
that: |
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|
�������������(1)��specifically identifies the item alleged to be |
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|
stolen and subject to the hold; and |
�
|
�������������(2)��informs the entity�[dealer] of the requirements of |
�
|
Subsection (c) [(b)]. |
�
|
�������(c)�[(b)]��On receiving the notice, the entity�[dealer] may |
�
|
not, except as provided by Subsection (e),�process or remove from |
�
|
the entity's�[dealer's] premises the identified item before the |
�
|
60th [11th] day after the date the notice is issued unless the hold |
�
|
is released at an earlier time in writing by a peace officer of this |
�
|
state or a court order. |
�
|
�������(d)�[(c)]��After the holding period expires, the entity� |
�
|
[dealer] may dispose of the item unless disposition violates a |
�
|
court order. |
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|
�������(e)��If a hold is placed on a purchase of regulated material, |
�
|
a metal recycling entity may not dispose of, process, sell, or |
�
|
remove from the premises any item from the purchased material |
�
|
unless the hold on the material is released. |
�
|
�������Sec.�1956.038�[1956.010].��PROHIBITED ACTS. A person may |
�
|
not, with the intent to deceive: |
�
|
�������������(1)��display to a metal recycling entity [secondhand
|
�
|
metal dealer] a false or invalid personal identification document |
�
|
in connection with the person's attempted sale of regulated |
�
|
material; [or] |
�
|
�������������(2)��make a false, material statement or representation |
�
|
to a metal recycling entity [secondhand metal dealer] in connection |
�
|
with: |
�
|
�������������������(A)��that person's execution of a written |
�
|
statement required by Section 1956.032(a)(3) [1956.004(a)(1) or
|
�
|
(2)]; or |
�
|
�������������������(B)��the entity's�[dealer's] efforts to obtain the |
�
|
information required under Section 1956.033(b); or |
�
|
�������������(3)��display or provide to a metal recycling entity any |
�
|
information required under Section 1956.032 that the person knows |
�
|
is false or invalid�[1956.005(b)]. |
�
|
�������Sec.�1956.039.��HOURS FOR PURCHASING MATERIAL. �(a)��Subject |
�
|
to Subsection (b), a county, municipality, or political subdivision |
�
|
may establish the hours during which a metal recycling entity may |
�
|
purchase regulated material. |
�
|
�������(b)��A metal recycling entity may not purchase from the |
�
|
general public regulated material: |
�
|
�������������(1)��more than 15 consecutive hours in one day; or |
�
|
�������������(2)��later than 9 p.m. |
�
|
�������Sec.�1956.040�[1956.011]. �CRIMINAL PENALTY. (a)��A person |
�
|
commits an offense if the person knowingly violates Section |
�
|
1956.038�[this subchapter]. |
�
|
�������An�[(b)��Except as provided by Subsection (c), an] offense |
�
|
under this subsection�[section] is a Class A�[B] misdemeanor unless |
�
|
it is shown on trial of the offense that[.
|
�
|
�������[(c)
�
�
An offense under this section is a Class A misdemeanor
|
�
|
if] the person has previously�been convicted of a violation of this |
�
|
subchapter, in which event the offense is a state jail felony |
�
|
[within the 36 months preceding the date of the offense]. |
�
|
�������(b)��A person commits an offense if the person knowingly buys |
�
|
stolen regulated material. An offense under this subsection is a |
�
|
Class A misdemeanor unless it is shown on trial of the offense that |
�
|
the person has previously been convicted under this subsection, in |
�
|
which event the offense is a state jail felony. |
�
|
�������(c)��A person commits an offense if the person knowingly |
�
|
sells stolen regulated material. An offense under this subsection |
�
|
is a state jail felony unless it is shown on trial of the offense |
�
|
that the person has previously been convicted under this |
�
|
subsection, in which event the offense is a third degree felony. |
�
|
�������(d)��On the conviction of a metal recycling entity� |
�
|
[secondhand metal dealer] for an offense punishable under |
�
|
Subsection (b) [(c)], a court, in addition to imposing any other |
�
|
applicable penalty, may order that the entity�[dealer] cease doing |
�
|
business as a metal recycling entity�[secondhand metal dealer] for |
�
|
a period not to exceed: |
�
|
�������������(1)��30 days from the date of the order for each |
�
|
violation that forms the basis of the conviction for a first |
�
|
offense; and |
�
|
�������������(2)��180 days from the date of the order for each |
�
|
violation that forms the basis of the conviction if it is shown on |
�
|
trial of the offense that the person has previously been convicted |
�
|
under this section. |
�
|
�������(e)��If conduct that constitutes an offense under this |
�
|
section also constitutes an offense under any other law, the actor |
�
|
may be prosecuted under this section or the other law. |
�
|
�������SECTION�3.��The heading to Subchapter C, Chapter 1956, |
�
|
Occupations Code, is amended to read as follows: |
�
|
SUBCHAPTER C. �RESTRICTIONS ON�SALE OF CERTAIN ITEMS TO METAL |
�
|
RECYCLING ENTITIES |
�
|
�������SECTION�4.��Chapter 1956, Occupations Code, is amended by |
�
|
adding Subchapters D and E to read as follows: |
�
|
SUBCHAPTER D. �DISCIPLINARY PROCEDURES |
�
|
�������Sec.�1956.151.��DENIAL OF CERTIFICATE; DISCIPLINARY ACTION. |
�
|
The department shall deny an application for a certificate of |
�
|
registration, suspend or revoke a certificate of registration, or |
�
|
reprimand a person who is registered under this chapter if the |
�
|
person: |
�
|
�������������(1)��obtains a certificate of registration by means of |
�
|
fraud, misrepresentation, or concealment of a material fact; |
�
|
�������������(2)��sells, barters, or offers to sell or barter a |
�
|
certificate of registration; |
�
|
�������������(3)��violates a rule adopted under this chapter; or |
�
|
�������������(4)��violates Section 1956.021. |
�
|
�������Sec.�1956.152.��INVESTIGATION. Within the limits of |
�
|
available resources, the department may investigate: |
�
|
�������������(1)��a person who engages in a practice that violates |
�
|
this chapter; and |
�
|
�������������(2)��a complaint filed with the department against a |
�
|
person registered under this chapter. |
�
|
�������Sec.�1956.153.��HEARING. (a)��A person whose application |
�
|
for a certificate of registration is denied, whose certificate of |
�
|
registration is suspended or revoked, or who is reprimanded is |
�
|
entitled to a hearing before the department if the person submits to |
�
|
the department a written request for the hearing. |
�
|
�������(b)��A hearing is governed by department rules for a |
�
|
contested hearing and by Chapter 2001, Government Code. |
�
|
[Sections 1956.154-1956.200 reserved for expansion] |
�
|
SUBCHAPTER E. �OTHER PENALTIES AND ENFORCEMENT PROVISIONS |
�
|
�������Sec.�1956.201.��ENFORCEMENT PROCEEDINGS; INJUNCTION. |
�
|
(a)��The department, the attorney general, or the district, county, |
�
|
or city attorney for the county or municipality in which an alleged |
�
|
violation of this chapter occurs may, on receipt of a verified |
�
|
complaint, bring an appropriate administrative or judicial |
�
|
proceeding to enforce this chapter or a rule adopted under this |
�
|
chapter. |
�
|
�������(b)��The attorney general or an attorney representing the |
�
|
state may initiate an action for an injunction to prohibit a person |
�
|
from violating this chapter or a rule adopted under this chapter. |
�
|
�������Sec.�1956.202.��CIVIL PENALTY. (a)��Except as provided by |
�
|
Subsection (d), a person who violates this chapter or a rule adopted |
�
|
under this chapter is liable to this state for a civil penalty of |
�
|
not more than $1,000 for each violation. |
�
|
�������(b)��The amount of the penalty shall be based on: |
�
|
�������������(1)��the seriousness of the violation; |
�
|
�������������(2)��the history of previous violations; |
�
|
�������������(3)��the amount necessary to deter a future violation; |
�
|
and |
�
|
�������������(4)��any other matter that justice may require. |
�
|
�������(c)��The attorney general may sue to collect a civil penalty |
�
|
under this section. �In the suit the attorney general may recover, |
�
|
on behalf of the state, the reasonable expenses incurred in |
�
|
obtaining the penalty, including investigation and court costs, |
�
|
reasonable attorney's fees, witness fees, and other expenses. |
�
|
�������(d)��A civil penalty may not be assessed under this section |
�
|
for conduct described by Section 1956.038. |
�
|
�������Sec.�1956.203.��CRIMINAL PENALTY FOR CERTAIN SOLICITATION. � |
�
|
(a)��A person commits an offense if the person solicits the |
�
|
purchase of regulated material at a location other than a business |
�
|
location at which the material is produced as a by-product in the |
�
|
ordinary course of that business. |
�
|
�������(b)��An offense under this section is a Class B misdemeanor. |
�
|
�������SECTION�5.��Subdivision (1), Section 1956.101, Occupations |
�
|
Code, is repealed. |
�
|
�������SECTION�6.��(a)��Not later than January 1, 2008, the Public |
�
|
Safety Commission shall adopt the rules necessary to implement the |
�
|
changes in law made by this Act to Chapter 1956, Occupations Code. |
�
|
�������(b)��Not later than April 1, 2008, the Department of Public |
�
|
Safety of the State of Texas shall establish the statewide |
�
|
reporting system to track the sales of regulated metal as required |
�
|
under Chapter 1956, Occupations Code, as amended by this Act. |
�
|
�������SECTION�7.��Notwithstanding Section 1956.021, Occupations |
�
|
Code, as added by this Act, a person is not required to hold a |
�
|
certificate of registration as a metal recycling entity under |
�
|
Chapter 1956, Occupations Code, as amended by this Act, before |
�
|
April 1, 2008. |
�
|
�������SECTION�8.��The change in law made by this Act applies only |
�
|
to an offense committed on or after the effective date of this Act. � |
�
|
An offense committed before that date is governed by the law in |
�
|
effect when 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 was committed before that date. |
�
|
�������SECTION�9.��This Act takes effect September 1, 2007. |
�
|
|
�
|
|
�
|
|
� |
� |
� |
� |
______________________________ |
______________________________ |
� |
���President of the Senate |
Speaker of the House����� |
� |
�
|
�������I hereby certify that S.B.�No.�1154 passed the Senate on |
�
|
April�12,�2007, by the following vote:��Yeas�31, Nays�0; |
�
|
May�24,�2007, Senate refused to concur in House amendments and |
�
|
requested appointment of Conference Committee; May�25,�2007, House |
�
|
granted request of the Senate; May�26,�2007, Senate adopted |
�
|
Conference Committee Report by the following vote:��Yeas�30, |
�
|
Nays�0. |
�
|
|
� |
� |
______________________________ |
� |
Secretary of the Senate���� |
� |
�
|
�������I hereby certify that S.B.�No.�1154 passed the House, with |
�
|
amendments, on May�17,�2007, by the following vote:��Yeas�143, |
�
|
Nays�0, three present not voting; May�25,�2007, House granted |
�
|
request of the Senate for appointment of Conference Committee; |
�
|
May�27,�2007, House adopted Conference Committee Report by the |
�
|
following vote:��Yeas�144, Nays�0, three present not voting. |
�
|
|
� |
� |
______________________________ |
� |
Chief Clerk of the House��� |
� |
�
|
|
� |
�
|
Approved: |
�
|
|
�
|
______________________________� |
�
|
�����������Date |
�
|
|
�
|
|
�
|
______________________________� |
�
|
����������Governor |