Bill Text: TX HB2490 | 2011-2012 | 82nd Legislature | Enrolled
Bill Title: Relating to the regulation of crafted precious metal dealers; providing criminal and administrative penalties.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2011-06-17 - See remarks for effective date [HB2490 Detail]
Download: Texas-2011-HB2490-Enrolled.html
H.B. No. 2490 |
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relating to the regulation of crafted precious metal dealers; | ||
providing criminal and administrative penalties. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 1956.051, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 1956.051. DEFINITIONS. In this subchapter: | ||
(1) "Commission" means the Finance Commission of | ||
Texas. | ||
(2) "Commissioner" means the consumer credit | ||
commissioner. | ||
(3) "Crafted precious metal" means jewelry, | ||
silverware, an art object, or another object, made wholly or partly | ||
from precious metal, other than a coin, a bar, a [ |
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medallion, or scrap or a broken item selling at five percent or more | ||
than the scrap value of the item [ |
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(4) [ |
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precious metal, including purchases or sales made through the mail. | ||
(5) [ |
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Public Safety. | ||
(6) [ |
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platinum, palladium, iridium, rhodium, osmium, ruthenium, or an | ||
alloy of those metals. | ||
SECTION 2. Subchapter B, Chapter 1956, Occupations Code, is | ||
amended by adding Section 1956.0511 to read as follows: | ||
Sec. 1956.0511. ADMINISTRATION BY COMMISSION. (a) | ||
Notwithstanding any other provision of this chapter, the commission | ||
shall administer and enforce this subchapter, unless the context | ||
clearly requires another state agency to perform a specific duty. | ||
(b) To the extent of any conflict between this subchapter | ||
and other provisions of this chapter, this subchapter prevails. | ||
SECTION 3. Section 1956.060, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 1956.060. EXCEPTION: CRAFTED PRECIOUS METAL ACQUIRED | ||
BY PERSON LICENSED UNDER TEXAS PAWNSHOP ACT. This subchapter does | ||
not apply to crafted precious metal acquired by: | ||
(1) a person licensed under Chapter 371, Finance Code; | ||
or | ||
(2) an entity affiliated with a person licensed under | ||
Chapter 371, Finance Code, if the entity's recordkeeping practices | ||
satisfy the requirements of that chapter. | ||
SECTION 4. Subchapter B, Chapter 1956, Occupations Code, is | ||
amended by adding Sections 1956.0611, 1956.0612, 1956.0613, | ||
1956.0614, and 1956.0615 to read as follows: | ||
Sec. 1956.0611. RULEMAKING. The commission may adopt rules | ||
necessary to implement and enforce this subchapter. | ||
Sec. 1956.0612. REGISTRATION AS DEALER. (a) A person may | ||
not engage in the business of purchasing and selling crafted | ||
precious metal unless the person is registered with the | ||
commissioner as a dealer under this section. | ||
(b) To register as a dealer, a person must provide to the | ||
commissioner, on or before December 31 preceding each calendar year | ||
in which the person seeks to act as a dealer: | ||
(1) a list of each location in this state at which the | ||
person will conduct business as a dealer; and | ||
(2) a processing fee for each location included on the | ||
list furnished under Subdivision (1). | ||
(c) The commissioner shall prescribe the processing fee in | ||
an amount necessary to cover the costs of administering this | ||
section. | ||
(d) After the December 31 deadline, a dealer may amend the | ||
registration required under Subsection (a) to reflect any change in | ||
the information provided by the registration. | ||
(e) The commissioner shall make available to the public a | ||
list of dealers registered under this section. | ||
(f) The commissioner may prescribe the registration form. | ||
(g) A reference to a registration in another subchapter of | ||
this chapter does not apply to a person to the extent the person is | ||
registered under this subchapter. | ||
Sec. 1956.0613. INVESTIGATION BY COMMISSIONER. The | ||
commissioner shall: | ||
(1) monitor the operations of a dealer to ensure | ||
compliance with this chapter; and | ||
(2) receive and investigate complaints against a | ||
dealer or a person acting as a dealer. | ||
Sec. 1956.0614. REVOCATION OF REGISTRATION. (a) The | ||
commissioner may revoke the registration of a dealer if the | ||
commissioner concludes that the dealer has violated this chapter. | ||
The commissioner shall recite the basis of the decision in an order | ||
revoking the registration. | ||
(b) If the commissioner proposes to revoke a registration, | ||
the dealer is entitled to a hearing before the commissioner or a | ||
hearings officer, who shall propose a decision to the commissioner. | ||
The commissioner or hearings officer shall prescribe the time and | ||
place of the hearing. The hearing is governed by Chapter 2001, | ||
Government Code. | ||
(c) A dealer aggrieved by a ruling, order, or decision of | ||
the commissioner is entitled to appeal to a district court in the | ||
county in which the hearing was held. An appeal under this | ||
subsection is governed by Chapter 2001, Government Code. | ||
Sec. 1956.0615. ADMINISTRATIVE PENALTY. The commissioner | ||
may assess an administrative penalty not to exceed $500 against a | ||
person for each knowing and wilful violation of this chapter. | ||
SECTION 5. Section 1956.063(c), Occupations Code, is | ||
amended to read as follows: | ||
(c) For each transaction regulated by this subchapter, the | ||
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prenumbered form prescribed by the commissioner [ |
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following: | ||
(1) the date of the transaction; | ||
(2) a description of the crafted precious metal | ||
purchased by the dealer; | ||
(3) the name and physical address of the dealer; and | ||
(4) the name, physical description, and physical | ||
address of the seller or transferor. | ||
SECTION 6. Section 1956.064, Occupations Code, is amended | ||
by amending Subsection (b) and adding Subsection (c) to read as | ||
follows: | ||
(b) A peace officer who has reasonable suspicion to believe | ||
that an item of crafted precious metal in the possession of a dealer | ||
is stolen may place the item on hold for a period not to exceed 60 | ||
days by issuing to the dealer a written notice that: | ||
(1) specifically identifies the item alleged to be | ||
stolen and subject to the hold; and | ||
(2) informs the dealer of the requirements of | ||
Subsection (c). | ||
(c) On receiving the notice, the dealer may not melt, | ||
deface, alter, or dispose of the identified crafted precious metal | ||
until the hold is released in writing by a peace officer of this | ||
state or a court order. [ |
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SECTION 7. Section 1956.067(a), Occupations Code, is | ||
amended to read as follows: | ||
(a) A dealer who conducts business at a temporary location | ||
for a period of less than one year [ |
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business of buying precious metal or used items made of precious | ||
metal unless, within a 12-month period at least 30 days before the | ||
date on which each purchase is made, the dealer [ |
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(1) a registration statement with the department; | ||
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(2) a copy of the registration statement and a copy of | ||
the dealer's certificate of registration issued under this | ||
subchapter with the local law enforcement agency of: | ||
(A) the municipality in which the temporary | ||
location is located; or | ||
(B) if the temporary location is not located in a | ||
municipality, the county in which the temporary location is | ||
located; and | ||
(3) a copy of the dealer's certificate of registration | ||
issued under this subchapter with the county and, if applicable, | ||
the municipality in which the temporary location is located. | ||
SECTION 8. Section 1956.069(a), Occupations Code, is | ||
amended to read as follows: | ||
(a) A person [ |
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(1) fails to make or permit inspection of a report as | ||
required by Section 1956.062 or 1956.063; | ||
(2) violates [ |
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(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 9. 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 10. Not later than December 1, 2011, the Finance | ||
Commission of Texas shall adopt rules to implement Subchapter B, | ||
Chapter 1956, Occupations Code, as amended by this Act. | ||
SECTION 11. (a) Except as provided by Subsection (b) of | ||
this section, this Act takes effect September 1, 2011. | ||
(b) Section 1956.0612, Occupations Code, as added by this | ||
Act, and Sections 1956.067(a) and 1956.069(a), Occupations Code, as | ||
amended by this Act, take effect January 1, 2012. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 2490 was passed by the House on May 3, | ||
2011, by the following vote: Yeas 135, Nays 9, 1 present, not | ||
voting; that the House refused to concur in Senate amendments to | ||
H.B. No. 2490 on May 25, 2011, and requested the appointment of a | ||
conference committee to consider the differences between the two | ||
houses; and that the House adopted the conference committee report | ||
on H.B. No. 2490 on May 28, 2011, by the following vote: Yeas 146, | ||
Nays 0, 2 present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 2490 was passed by the Senate, with | ||
amendments, on May 23, 2011, by the following vote: Yeas 30, Nays | ||
0; at the request of the House, the Senate appointed a conference | ||
committee to consider the differences between the two houses; and | ||
that the Senate adopted the conference committee report on H.B. No. | ||
2490 on May 29, 2011, by the following vote: Yeas 31, Nays 0 | ||
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______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |