Bill Text: TX HB4110 | 2021-2022 | 87th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the regulation of metal recycling; increasing a criminal penalty.
Spectrum: Bipartisan Bill
Status: (Passed) 2021-06-18 - Effective on 9/1/21 [HB4110 Detail]
Download: Texas-2021-HB4110-Comm_Sub.html
Bill Title: Relating to the regulation of metal recycling; increasing a criminal penalty.
Spectrum: Bipartisan Bill
Status: (Passed) 2021-06-18 - Effective on 9/1/21 [HB4110 Detail]
Download: Texas-2021-HB4110-Comm_Sub.html
By: Leach, et al. (Senate Sponsor - Alvarado) | H.B. No. 4110 | |
(In the Senate - Received from the House May 17, 2021; | ||
May 17, 2021, read first time and referred to Committee on Natural | ||
Resources & Economic Development; May 22, 2021, reported | ||
adversely, with favorable Committee Substitute by the following | ||
vote: Yeas 9, Nays 0; May 22, 2021, sent to printer.) | ||
COMMITTEE SUBSTITUTE FOR H.B. No. 4110 | By: Alvarado |
|
||
|
||
relating to the regulation of metal recycling; increasing a | ||
criminal penalty. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 1956.001, Occupations Code, is amended | ||
by adding Subdivision (2-a) to read as follows: | ||
(2-a) "Catalytic converter" includes any material removed | ||
from a catalytic converter. | ||
SECTION 2. Subchapter A-3, Chapter 1956, Occupations Code, | ||
is amended by adding Section 1956.0321 to read as follows: | ||
Sec. 1956.0321. ADDITIONAL REQUIREMENTS REGARDING PURCHASE | ||
OF CATALYTIC CONVERTER. (a) In addition to the requirements of | ||
Section 1956.032, a person attempting to sell a catalytic converter | ||
to a metal recycling entity shall provide to the metal recycling | ||
entity: | ||
(1) the year, make, model, and vehicle identification | ||
number for the vehicle from which the catalytic converter was | ||
removed; and | ||
(2) a copy of the certificate of title or other | ||
documentation indicating that the person has an ownership interest | ||
in the vehicle described by Subdivision (1). | ||
(b) A metal recycling entity may not purchase a catalytic | ||
converter from a seller who does not comply with the requirements of | ||
Subsection (a). | ||
(c) A metal recycling entity may not purchase a catalytic | ||
converter unless the entity determines that the catalytic converter | ||
is consistent with the manufacturer's specifications for a | ||
catalytic converter from the vehicle for which the seller provided | ||
information under Subsection (a)(1). | ||
(d) A metal recycling entity shall mark, in the manner | ||
prescribed by the commission by rule, each catalytic converter | ||
purchased by the entity with a unique number. | ||
(e) A metal recycling entity shall keep an accurate | ||
electronic record or an accurate and legible written record of each | ||
purchase of a catalytic converter made in the course of the entity's | ||
business. The record must be in English and include: | ||
(1) the information required by Section 1956.033; | ||
(2) the vehicle information provided under Subsection | ||
(a)(1); | ||
(3) a copy of the documentation described by | ||
Subsection (a)(2); and | ||
(4) the unique number marked on the catalytic | ||
converter under Subsection (d). | ||
SECTION 3. Section 1956.033(b), Occupations Code, is | ||
amended to read as follows: | ||
(b) The record must be in English and include: | ||
(1) the place, date, and amount of the purchase; | ||
(2) the name and address of the seller in possession of | ||
the regulated material purchased; | ||
(3) the identifying number of the seller's personal | ||
identification document; | ||
(4) a description made in accordance with the custom | ||
of the trade of the commodity type and quantity of regulated | ||
material purchased; | ||
(5) the information required by Sections | ||
1956.032(a)(2) and (3); | ||
(6) as applicable: | ||
(A) the identifying number of the seller's air | ||
conditioning and refrigeration contractor license displayed under | ||
Section 1956.032(a)(4)(A); | ||
(B) a copy of the seller's air conditioning and | ||
refrigeration technician registration displayed under Section | ||
1956.032(a)(4)(B); | ||
(C) a copy of the documentation described by | ||
Section 1956.032(a)(4)(C); or | ||
(D) a copy of the documentation described by | ||
Section 1956.032(a)(4)(D); | ||
(7) if applicable, a copy of the documentation | ||
described by Section 1956.032(a)(5); | ||
(8) a copy of the documentation described by Section | ||
1956.032(g); [ |
||
(9) a copy of the documentation described by Section | ||
1956.0381(b); and | ||
(10) if the regulated material purchased is a | ||
catalytic converter, a clear and legible thumbprint of the seller | ||
unless the seller presents to the metal recycling entity a valid | ||
cash transaction card issued under Section 1956.0382. | ||
SECTION 4. Section 1956.034, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 1956.034. PRESERVATION OF RECORDS. A metal recycling | ||
entity shall preserve each record required by Sections 1956.032, | ||
1956.0321, and 1956.033 until the second anniversary of the date | ||
the record was made. The records must be kept in an easily | ||
retrievable format and must be available for inspection as provided | ||
by Section 1956.035 not later than 72 hours after the time of | ||
purchase. | ||
SECTION 5. Section 1956.035(a), Occupations Code, is | ||
amended to read as follows: | ||
(a) On request, a metal recycling entity shall permit a | ||
peace officer of this state, a representative of the department, or | ||
a representative of a county, municipality, or other political | ||
subdivision that issues a license or permit under Section | ||
1956.003(b) to inspect, during the entity's usual business hours: | ||
(1) a record required by Section 1956.0321 or | ||
1956.033; | ||
(2) a digital photograph or video recording required | ||
by Section 1956.0331; | ||
(3) regulated material in the entity's possession; or | ||
(4) an application for a cash transaction card | ||
submitted to the entity. | ||
SECTION 6. Section 1956.036(a), Occupations Code, is | ||
amended to read as follows: | ||
(a) Except as provided by Subsections (b) and (d), not later | ||
than the close of business on a metal recycling entity's second | ||
working day after the date of the purchase or other acquisition of | ||
material for which a record is required under Section 1956.0321 or | ||
1956.033, the entity shall send an electronic transaction report to | ||
the department via the department's Internet website. Except as | ||
provided by Subsection (d-1), the report must contain the | ||
information required to be recorded under Sections 1956.0321 and | ||
[ |
||
SECTION 7. Section 1956.037(a), Occupations Code, is | ||
amended to read as follows: | ||
(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: | ||
(A) eight days, excluding weekends and holidays, | ||
before the disposal, processing, sale, or removal, if the item is a | ||
cemetery vase, receptacle, or memorial made from a regulated | ||
material other than aluminum material; | ||
(B) five days, excluding weekends and holidays, | ||
before the disposal, processing, sale, or removal, if the item is a | ||
catalytic converter; or | ||
(C) [ |
||
holidays, before the disposal, processing, sale, or removal, if the | ||
item is not an item described by Paragraph (A) or (B); or | ||
(2) the entity purchased the item from a | ||
manufacturing, industrial, commercial, retail, or other seller | ||
that sells regulated material in the ordinary course of its | ||
business. | ||
SECTION 8. Section 1956.040, Occupations Code, is amended | ||
by amending Subsections (a) and (b-1) and adding Subsection (b-2) | ||
to read as follows: | ||
(a) A person commits an offense if the person knowingly | ||
violates Section 1956.038. Except as otherwise provided by this | ||
subsection, an [ |
||
misdemeanor unless it is shown on trial of the offense that the | ||
person has previously been convicted of a violation of this | ||
subchapter, in which event the offense is a state jail felony. An | ||
offense under this subsection involving a catalytic converter is a | ||
state jail felony unless it is shown on trial of the offense that | ||
the person has previously been convicted of a violation of this | ||
subchapter involving a catalytic converter, in which event the | ||
offense is a felony of the third degree. | ||
(b-1) Except as otherwise provided by Subsection (b-2), an | ||
[ |
||
is shown on trial of the offense that the person has previously been | ||
convicted under Subsection (b), in which event the offense is a | ||
state jail felony. | ||
(b-2) An offense under Subsection (b)(1) in which the | ||
regulated material purchased was a catalytic converter is a state | ||
jail felony unless it is shown on trial of the offense that the | ||
person has previously been convicted of an offense under Subsection | ||
(b)(1) in which the regulated material purchased was a catalytic | ||
converter, in which event the offense is a felony of the third | ||
degree. | ||
SECTION 9. Subchapter A, Chapter 2305, Occupations Code, is | ||
amended by adding Section 2305.0051 to read as follows: | ||
Sec. 2305.0051. RECORDS RELATED TO CATALYTIC CONVERTERS. | ||
(a) The owner of a garage or repair shop that sells to a metal | ||
recycling entity registered under Chapter 1956 a catalytic | ||
converter that the person removed in connection with a motor | ||
vehicle repair shall maintain a record of all repairs for the | ||
vehicle that includes: | ||
(1) the name and address of the vehicle's owner; and | ||
(2) copies of all related invoices. | ||
(b) Notwithstanding Section 2305.006(a), a record required | ||
by this section shall be kept until at least the second anniversary | ||
of the date of the repair. | ||
SECTION 10. 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 11. This Act takes effect September 1, 2021. | ||
* * * * * |