Bill Text: TX HB1769 | 2013-2014 | 83rd Legislature | Comm Sub
Bill Title: Relating to the regulation of certain metal dealers; providing a criminal penalty.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Introduced - Dead) 2013-05-09 - Placed on General State Calendar [HB1769 Detail]
Download: Texas-2013-HB1769-Comm_Sub.html
83R15346 MAW-F | |||
By: Geren, Bohac, Raymond | H.B. No. 1769 | ||
Substitute the following for H.B. No. 1769: | |||
By: Marquez | C.S.H.B. No. 1769 |
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relating to the regulation of certain metal dealers; providing a | ||
criminal penalty. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 1956.001(8), Occupations Code, is | ||
amended to read as follows: | ||
(8) "Personal identification document" means: | ||
(A) a valid driver's license issued by a state in | ||
the United States; | ||
(B) a United States military identification | ||
card; [ |
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(C) a personal identification certificate issued | ||
by the department under Section 521.101, Transportation Code, or a | ||
corresponding card or certificate issued by another state; | ||
(D) a passport; or | ||
(E) documentation issued by the United States | ||
agency responsible for citizenship and immigration that authorizes | ||
the person to be in the United States. | ||
SECTION 2. Section 1956.0612, Occupations Code, is amended | ||
by adding Subsection (h) to read as follows: | ||
(h) The commissioner may not register a person as a dealer | ||
if the person, in the calendar year preceding the calendar year for | ||
which the person seeks to act as a dealer, fails to comply with any | ||
requirement of Section 1956.062. | ||
SECTION 3. Section 1956.062, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 1956.062. RECORD [ |
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REQUIRED. (a) A dealer shall maintain an accurate record of[ |
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precious metal that the dealer purchases, takes in trade, accepts | ||
for sale on consignment, or accepts for auction. | ||
(b) The record [ |
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(1) the date of the transaction; | ||
(2) the name and physical address of the dealer; | ||
(3) the [ |
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seller's personal identification document; | ||
(4) the identifying number of the seller's personal | ||
identification document; | ||
(5) the physical [ |
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residing at the time of the transaction; | ||
(6) the seller's sex, height, date of birth, and eye | ||
color; | ||
(7) [ |
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crafted precious metal that includes: | ||
(A) the number of items accepted; | ||
(B) for each item accepted, the size, weight, and | ||
length of the item, and the material from which the item is made; | ||
(C) for each item accepted that contains a | ||
precious metal, the color, weight, purity, and type of each | ||
precious metal; | ||
(D) the color, number, size, and approximate | ||
weight of any stone included in the items accepted; and | ||
(E) other identifying characteristics of the | ||
items accepted; | ||
(8) a digital or video photograph that accurately | ||
depicts each item accepted; and | ||
(9) [ |
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(A) the information in the record is true and | ||
complete; and | ||
(B) the seller is the legal owner of or is | ||
lawfully entitled to transfer the crafted precious metal. | ||
(c) [ |
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(1) provide to a peace officer, on demand, the record | ||
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(2) except as provided by Subsection (d), mail or | ||
deliver a complete copy of the record [ |
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or the sheriff as provided by Section 1956.063 not later than 48 | ||
hours after the time the transaction occurs [ |
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(d) The chief of police or the sheriff may provide for | ||
electronic submission of a record under Subsection (c)(2). | ||
(e) In addition to the report required by Subsection (c)(2), | ||
the commissioner shall by rule require a dealer to report all | ||
crafted precious metal described by Subsection (a) to the Internet | ||
database designated under Subsection (f) not later than the end of | ||
the business day in which the transaction occurred. | ||
(f) For purposes of Subsection (e), the commissioner shall | ||
designate an Internet database that is designed to collect | ||
information from businesses regarding certain transactions and to | ||
make that information available to law enforcement agencies to | ||
assist the agencies in solving crimes. | ||
(g) In this section, "seller" includes a transferor who | ||
exchanges, or offers to exchange, crafted precious metal with a | ||
dealer. | ||
SECTION 4. Section 1956.063(c), Occupations Code, is | ||
amended to read as follows: | ||
(c) For each transaction for which the dealer is required by | ||
Section 1956.062 to maintain a record [ |
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prenumbered form prescribed by the commissioner. The form must | ||
include the information required to be included in the record | ||
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SECTION 5. Subchapter B, Chapter 1956, Occupations Code, is | ||
amended by adding Section 1956.0631 to read as follows: | ||
Sec. 1956.0631. PAYMENT FOR CRAFTED PRECIOUS METAL | ||
PURCHASED. A dealer may pay for a purchase of crafted precious | ||
metal only by check or prepaid debit card. If payment is by check, | ||
the names of the dealer and seller must be printed on the check. If | ||
payment is by prepaid debit card, the seller may not be liable for | ||
any fees charged by the issuer of the card. | ||
SECTION 6. Section 1956.064(a), Occupations Code, is | ||
amended to read as follows: | ||
(a) A dealer may not melt, deface, alter, or dispose of | ||
crafted precious metal that is the subject of a report required by | ||
this subchapter before the 11th day after the date the report is | ||
filed unless: | ||
(1) the peace officer to whom the report is submitted, | ||
for good cause, authorizes disposition of the metal; or | ||
(2) [ |
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is the redemption of pledged property by the pledgor. | ||
SECTION 7. 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; | ||
(2) violates Section 1956.0612, 1956.0631, or | ||
1956.064; | ||
(3) fails to obtain or retain a statement as required | ||
by Section 1956.066; | ||
(4) fails to file a registration statement as required | ||
by Section 1956.067; or | ||
(5) purchases an object in violation of Section | ||
1956.068. | ||
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 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 9. Not later than November 1, 2013, the consumer | ||
credit commissioner shall prescribe the form required by Section | ||
1956.063, Occupations Code, as amended by this Act. | ||
SECTION 10. (a) Except as provided by Subsection (b) of | ||
this section, this Act takes effect September 1, 2013. | ||
(b) Section 1956.063(c), Occupations Code, as amended by | ||
this Act, takes effect December 1, 2013. |