Bill Text: TX HB87 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to the regulation of metal recycling entities; providing penalties.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-02-09 - Referred to Environmental Regulation [HB87 Detail]
Download: Texas-2011-HB87-Introduced.html
82R1306 MAW-D | ||
By: Cook | H.B. No. 87 |
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relating to the regulation of metal recycling entities; providing | ||
penalties. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 1956.001, Occupations Code, is amended | ||
by amending Subdivisions (1) and (10) and adding Subdivisions (1-a) | ||
and (8-a) to read as follows: | ||
(1) "Air conditioning and refrigeration contracting | ||
company" has the meaning assigned by Section 1302.002. | ||
(1-a) "Aluminum material" means a product made from | ||
aluminum, an aluminum alloy, or an aluminum by-product. The term | ||
includes aluminum wiring and an aluminum beer keg but does not | ||
include another type of aluminum can used to contain a food or | ||
beverage. | ||
(8-a) "Refrigerant" has the meaning assigned by | ||
Section 1302.002. | ||
(10) "Regulated metal" means: | ||
(A) manhole covers; | ||
(B) guardrails; | ||
(C) metal cylinders designed to contain | ||
compressed air, oxygen, gases, or liquids; | ||
(D) beer kegs made from metal other than | ||
aluminum; | ||
(E) historical markers or cemetery vases, | ||
receptacles, or memorials made from metal other than aluminum; | ||
(F) unused rebar; | ||
(G) street signs; | ||
(H) drain gates; | ||
(I) safes; | ||
(J) communication, transmission, and service | ||
wire or cable; | ||
(K) condensing or evaporator coils, tubing, or | ||
rods for central heating or air conditioning units; | ||
(L) utility structures, including the fixtures | ||
and hardware; | ||
(M) aluminum or stainless steel containers | ||
designed to hold propane for fueling forklifts; [ |
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(N) metal railroad equipment, including tie | ||
plates, signal houses, control boxes, signs, signals, traffic | ||
devices, traffic control devices, traffic control signals, switch | ||
plates, e-clips, and rail tie functions; | ||
(O) catalytic converters not attached to a | ||
vehicle; | ||
(P) fire hydrants; | ||
(Q) metal bleachers or other seating facilities | ||
used in recreational areas or sporting arenas; | ||
(R) any metal item clearly and conspicuously | ||
marked with any form of the name, initials, or logo of a | ||
governmental entity, utility, cemetery, or railroad; | ||
(S) insulated utility, communications, or | ||
electrical wire that has been burned wholly or partly to remove the | ||
insulation; | ||
(T) backflow valves; and | ||
(U) metal in the form of commonly recognized | ||
products of the industrial metals recycling process, including | ||
bales, briquettes, billets, sows, ingots, pucks, and chopped or | ||
shredded metals. | ||
SECTION 2. The heading to Section 1956.003, Occupations | ||
Code, is amended to read as follows: | ||
Sec. 1956.003. LOCAL LAW; CRIMINAL PENALTY. | ||
SECTION 3. Section 1956.003, Occupations Code, is amended | ||
by adding Subsections (a-1), (f), and (g) to read as follows: | ||
(a-1) A county, municipality, or other political | ||
subdivision may require the record of purchase described under | ||
Section 1956.033 to contain a clear and legible thumbprint of a | ||
seller of regulated material. | ||
(f) A person commits an offense if the person operates a | ||
metal recycling entity and does not hold a license or permit | ||
required by a county, municipality, or other political subdivision | ||
as authorized under Subsection (b). | ||
(g) An offense under Subsection (f) is a Class C misdemeanor | ||
unless it is shown on the trial of the offense that the person has | ||
been previously convicted under Subsection (f), in which event the | ||
offense is a Class A misdemeanor. | ||
SECTION 4. Section 1956.015, Occupations Code, is amended | ||
by amending Subsection (d) and adding Subsection (e) to read as | ||
follows: | ||
(d) Information provided under this section is not subject | ||
to disclosure under Chapter 552, Government Code. Except as | ||
provided by Subsection (b), the [ |
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confidentiality of information provided under this section [ |
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(e) The department may enter into contracts relating to the | ||
operation of the statewide electronic reporting system established | ||
by this section. A contract under this subsection must: | ||
(1) require that any contractor, subcontractor, or | ||
third party that has access to, comes into possession of, or | ||
otherwise obtains information provided under this section maintain | ||
the confidentiality of the information provided under this section; | ||
and | ||
(2) provide that the department may terminate the | ||
contract of any contractor, subcontractor, or third party who | ||
violates the confidentiality provision required by Subdivision | ||
(1). | ||
SECTION 5. Subchapter A-1, Chapter 1956, Occupations Code, | ||
is amended by adding Section 1956.016 to read as follows: | ||
Sec. 1956.016. REGISTRATION DATABASE. The department shall | ||
make available on its Internet website a publicly accessible list | ||
of all registered metal recycling entities. | ||
SECTION 6. Section 1956.032, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 1956.032. INFORMATION PROVIDED BY SELLER. (a) Except | ||
as provided by Subsection (f), a person attempting to sell | ||
regulated material to a metal recycling entity shall: | ||
(1) display to the metal recycling entity the person's | ||
personal identification document; | ||
(2) provide to the metal recycling entity: | ||
(A) the make, model, color, and license plate | ||
number, and the state of issuance, of the motor vehicle used to | ||
transport the regulated material; and | ||
(B) a description and any license plate number of | ||
any trailer used to transport the regulated material; [ |
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(3) if the regulated material includes condensing or | ||
evaporator coils, tubing, or rods for central heating or air | ||
conditioning units, display to the metal recycling entity: | ||
(A) the person's air conditioning and | ||
refrigeration contractor license issued under Subchapter F or G, | ||
Chapter 1302; | ||
(B) the person's air conditioning and | ||
refrigeration technician registration issued under Subchapter K, | ||
Chapter 1302; or | ||
(C) documentation showing that the refrigerant | ||
from the regulated material has been recovered and recycled by an | ||
air conditioning and refrigeration contracting company that meets | ||
the requirements of Section 1302.252; | ||
(4) if the regulated material includes insulated | ||
utility, communications, or electrical wire that has been burned | ||
wholly or partly to remove the insulation, display to the metal | ||
recycling entity documentation from the fire department of a | ||
county, municipality, or other political subdivision stating that | ||
the material was salvaged from a fire in that county, municipality, | ||
or political subdivision; and | ||
(5) either: | ||
(A) present written documentation evidencing | ||
that the person is the legal owner or is lawfully entitled to sell | ||
the regulated material; or | ||
(B) sign a written statement provided by the | ||
metal recycling entity that the person is the legal owner of or is | ||
lawfully entitled to sell the regulated material offered for sale. | ||
(b) A person required by a municipality to prepare a signed | ||
statement consisting of the information required by Subsection | ||
(a)(5) [ |
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to comply with Subsection (a)(5) [ |
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(c) The metal recycling entity [ |
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visually verify the accuracy of the personal identification | ||
document presented by the seller at the time of the purchase of | ||
regulated material and make a copy of the document [ |
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to be maintained by the entity in the entity's records, except as | ||
otherwise provided by Subsection (f). | ||
(d) Unless exempt as provided by Section 1956.0335, the | ||
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accurately depicts the seller's entire face, not including any hat, | ||
and obtain the name of the seller's employer. | ||
(e) Unless exempt as provided by Section 1956.0335, the | ||
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that accurately depicts: | ||
(1) [ |
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make, model, color, and license plate number of the motor vehicle | ||
are identifiable; and | ||
(2) the model and any license plate number of any | ||
trailer attached to the seller's motor vehicle [ |
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(f) The metal recycling entity is not required to make a | ||
copy of the identification as required under Subsection (c) or | ||
collect the information required under Subsection (a)(5) [ |
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if: | ||
(1) the seller signs the written statement as required | ||
under Subsection (a)(5) [ |
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(2) the seller has previously provided the information | ||
required under Subsections [ |
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(3) the previously provided information has not | ||
changed. | ||
(g) Notwithstanding Section 1956.002, a person attempting | ||
to sell regulated material who represents that the person is a metal | ||
recycling entity shall provide a copy of the certificate of | ||
registration issued under Section 1956.022 in addition to the | ||
information required under Subsection (a). | ||
SECTION 7. Section 1956.033, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 1956.033. RECORD OF PURCHASE. (a) Each metal | ||
recycling entity in this state shall keep an accurate electronic | ||
record or an accurate and legible written record of each purchase of | ||
regulated material made in the course of the entity's business from | ||
an individual [ |
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(b) The record must be in English and include: | ||
(1) the name and address of the metal recycling | ||
entity; | ||
(2) the [ |
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(3) [ |
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seller's personal identification document and a copy of the | ||
seller's personal identification document as required under | ||
Section 1956.032; | ||
(4) as applicable: | ||
(A) the identifying number of the seller's air | ||
conditioning and refrigeration contractor license displayed under | ||
Section 1956.032(a)(3)(A); | ||
(B) a copy of the seller's air conditioning and | ||
refrigeration technician registration displayed under Section | ||
1956.032(a)(3)(B); | ||
(C) a copy of the documentation described by | ||
Section 1956.032(a)(3)(C); or | ||
(D) a copy of the documentation described by | ||
Section 1956.032(a)(4); | ||
(5) a digital or video photograph that accurately | ||
depicts each item of regulated material purchased unless the metal | ||
recycling entity is exempt as provided by Section 1956.0335; | ||
(6) a description made in accordance with the custom | ||
of the trade of the type and quantity of regulated material | ||
purchased; | ||
(7) copies of the photographs described by Sections | ||
1956.032(d) and (e) unless the metal recycling entity is exempt as | ||
provided by Section 1956.0335; | ||
(8) a copy of the seller's thumbprint if required by a | ||
county, municipality, or other political subdivision as provided by | ||
Section 1956.003(a-1); and | ||
(9) [ |
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1956.032(a)(5) [ |
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SECTION 8. Subchapter A-3, Chapter 1956, Occupations Code, | ||
is amended by adding Section 1956.0335 to read as follows: | ||
Sec. 1956.0335. EXEMPTION FROM PHOTOGRAPH REQUIREMENT. A | ||
metal recycling entity is exempt from the requirements of Sections | ||
1956.032(d) and (e) and 1956.033(b)(5) and (7) if: | ||
(1) the entity annually submits to the department: | ||
(A) an application requesting an exception to the | ||
requirements; and | ||
(B) an affidavit stating that the entity does not | ||
have an available means of obtaining a digital or video photograph; | ||
and | ||
(2) the department approves the entity's application | ||
under this section. | ||
SECTION 9. Section 1956.034, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 1956.034. PRESERVATION OF RECORDS; UNAUTHORIZED USE OF | ||
INFORMATION. (a) A metal recycling entity shall preserve each | ||
record required by Sections 1956.032 and 1956.033 until the third | ||
anniversary of the date the record was made. | ||
(b) The records may be maintained in an electronic medium or | ||
through other recordkeeping technology. If a record is not | ||
maintained in a hard copy format, the metal recycling entity must | ||
provide a legible hard copy of the record on request of a peace | ||
officer under Section 1956.035. | ||
(c) The records must be kept in the office or place of | ||
business where the purchase was made. | ||
(d) Except as authorized by this chapter, a person commits | ||
an offense if the person releases or discloses information | ||
regarding a seller of regulated material that is contained in a | ||
record required by Section 1956.032 or 1956.033. | ||
(e) An offense under Subsection (d) is a Class A misdemeanor | ||
unless it is shown on trial of the offense that the person has | ||
previously been convicted under Subsection (d), in which event the | ||
offense is a state jail felony. | ||
SECTION 10. Section 1956.036, Occupations Code, is amended | ||
by amending Subsections (a) and (b) and adding Subsection (d) to | ||
read as follows: | ||
(a) Except as provided by Subsections [ |
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(d), not later than 48 hours [ |
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required under Section 1956.033, a metal recycling entity shall | ||
send an electronic transaction report to the department via the | ||
department's Internet website. The [ |
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[ |
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1956.033 [ |
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(b) If a metal recycling entity 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 shall: | ||
(1) not later than the close of business on the | ||
entity's first working day after the purchase date, notify the | ||
department by telephone; and | ||
(2) not later than 48 hours [ |
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purchase [ |
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department's Internet website [ |
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a report containing the information required to be recorded under | ||
Section 1956.033. | ||
(d) A metal recycling entity may submit the transaction | ||
report required under Subsection (a) by facsimile if: | ||
(1) the entity annually submits to the department: | ||
(A) an application requesting an exception to the | ||
electronic reporting requirement; and | ||
(B) an affidavit stating that the entity does not | ||
have an available and reliable means of submitting the transaction | ||
report electronically; and | ||
(2) the department approves the entity's application | ||
under this subsection. | ||
SECTION 11. 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 five days | ||
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processing, sale, or removal; 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 12. Section 1956.038, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 1956.038. PROHIBITED ACTS. (a) A person may not, | ||
with the intent to deceive: | ||
(1) display to a metal recycling entity a false or | ||
invalid personal identification document in connection with the | ||
person's attempted sale of regulated material; | ||
(2) make a false, material statement or representation | ||
to a metal recycling entity in connection with: | ||
(A) that person's execution of a written | ||
statement required by Section 1956.032(a)(5) [ |
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(B) the entity's efforts to obtain the | ||
information required under Section 1956.033(b); [ |
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(3) display or provide to a metal recycling entity any | ||
information required under Section 1956.032 that the person knows | ||
is false or invalid; or | ||
(4) display another individual's personal | ||
identification document in connection with the sale of regulated | ||
material. | ||
(b) A metal recycling entity may pay for a purchase of | ||
regulated metal only as follows: | ||
(1) by check issued to the seller not earlier than the | ||
fifth day after the date of the purchase; or | ||
(2) by cash not earlier then the 10th day after the | ||
date of the purchase. | ||
(c) A metal recycling entity may not pay cash for a purchase | ||
of regulated material unless the entity is registered under | ||
Subchapter A-2. | ||
(d) Notwithstanding Section 1956.003(a) or any other law, a | ||
county, municipality, or other political subdivision may not adopt | ||
a rule, charter, or ordinance or issue an order or impose standards | ||
that limit the use of cash by a metal recycling entity in a manner | ||
more restrictive than that provided by Subsections (b) and (c). | ||
(e) A metal recycling entity that purchases regulated | ||
material with cash in violation of Subsection (c) may not pay cash | ||
for a purchase of regulated material before the second anniversary | ||
of the date the entity registers under Subchapter A-2. | ||
SECTION 13. Section 1956.040, Occupations Code, is amended | ||
by adding Subsections (a-1), (a-2), (a-3), and (b-1) and amending | ||
Subsection (b) to read as follows: | ||
(a-1) A person commits an offense if the person knowingly | ||
violates Section 1956.021, 1956.023(d), 1956.036(a), or 1956.039. | ||
An offense under this subsection is a misdemeanor punishable by a | ||
fine not to exceed $10,000, unless it is shown on trial of the | ||
offense that the person has previously been convicted of a | ||
violation of this subsection, in which event the offense is a state | ||
jail felony. | ||
(a-2) It is an affirmative defense to prosecution of a | ||
violation of Section 1956.021 or 1956.023(d) that the person made a | ||
diligent effort to obtain or renew a certificate of registration at | ||
the time of the violation. | ||
(a-3) The clerk of the court shall remit a fine collected | ||
for conviction of an offense under Subsection (a-1) to the | ||
comptroller in the manner provided for the remission of fees to the | ||
comptroller under Subchapter B, Chapter 133, Local Government Code. | ||
The comptroller shall deposit proceeds received under this | ||
subsection to the credit of an account in the general revenue fund, | ||
and those proceeds may be appropriated only to the department and | ||
used to: | ||
(1) finance the department's administration of | ||
Subchapters A, A-1, A-2, and A-3; and | ||
(2) fund grants distributed under the prevention of | ||
scrap metal theft grant program established under Subchapter N, | ||
Chapter 411, Government Code. | ||
(b) A person commits an offense if the person knowingly | ||
buys: | ||
(1) stolen regulated material; | ||
(2) insulated utility, communications, or electrical | ||
wire that has been burned wholly or partly to remove the insulation, | ||
unless the wire is accompanied by documentation from the fire | ||
department of a county, municipality, or other political | ||
subdivision stating that the material was salvaged from a fire in | ||
that county, municipality, or political subdivision; or | ||
(3) condensing or evaporator coils, tubing, rods, or | ||
other components of a central air conditioning unit that have been | ||
altered to resemble components of a portable or self-contained | ||
ductless air conditioning product that has a cooling capacity of | ||
three tons or less. | ||
(b-1) An offense under Subsection (b) [ |
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Class A misdemeanor unless it is shown on trial of the offense that | ||
the person has previously been convicted under Subsection (b) [ |
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SECTION 14. Section 1956.103(a), Occupations Code, is | ||
amended to read as follows: | ||
(a) A person may not sell or otherwise transfer to a metal | ||
recycling entity: | ||
(1) a lead-acid battery, fuel tank, or PCB-containing | ||
capacitor that is included with another type of scrap, used, or | ||
obsolete metal without first obtaining from the metal recycling | ||
entity a written and signed acknowledgment that the scrap, used, or | ||
obsolete metal includes one or more lead-acid batteries, fuel | ||
tanks, or PCB-containing capacitors; | ||
(2) any of the following items that contain or enclose | ||
a lead-acid battery, fuel tank, or PCB-containing capacitor or of | ||
which a lead-acid battery, fuel tank, or PCB-containing capacitor | ||
is a part: | ||
(A) a motor vehicle; | ||
(B) a motor vehicle that has been junked, | ||
flattened, dismantled, or changed so that it has lost its character | ||
as a motor vehicle; | ||
(C) an appliance; or | ||
(D) any other item of scrap, used, or obsolete | ||
metal; [ |
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(3) a motor vehicle or a motor vehicle that has been | ||
junked, flattened, dismantled, or changed so that it has lost its | ||
character as a motor vehicle if the motor vehicle includes, | ||
contains, or encloses a tire or scrap tire; or | ||
(4) a metal alcoholic beverage keg, regardless of | ||
condition, unless the seller is the manufacturer of the keg, the | ||
brewer or distiller of the beverage that was contained in the keg, | ||
or an authorized representative of the manufacturer, brewer, or | ||
distiller. | ||
SECTION 15. Section 1956.151, Occupations Code, is amended | ||
to read as follows: | ||
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 provision of this chapter or a rule | ||
adopted under this chapter; or | ||
(4) violates Section 1956.021. | ||
SECTION 16. Section 1956.202(d), Occupations Code, is | ||
amended to read as follows: | ||
(d) A civil penalty may not be assessed under this section | ||
for conduct described by Section 1956.021, 1956.023(d), | ||
1956.036(a), 1956.038, or 1956.039. | ||
SECTION 17. Chapter 411, Government Code, is amended by | ||
adding Subchapter N to read as follows: | ||
SUBCHAPTER N. PREVENTION OF SCRAP METAL THEFT GRANT PROGRAM | ||
Sec. 411.421. DEFINITION. In this subchapter, "regulated | ||
material" has the meaning assigned by Section 1956.001, Occupations | ||
Code. | ||
Sec. 411.422. GRANTS TO FUND SCRAP METAL THEFT PREVENTION. | ||
(a) From fines collected and distributed to the department under | ||
Sections 1956.040(a-1) and (a-3), Occupations Code, the commission | ||
by rule shall establish and implement a grant program to provide | ||
funding to assist local law enforcement agencies in preventing the | ||
theft of regulated material. | ||
(b) To be eligible for a grant, a recipient must be a local | ||
law enforcement agency that has established a program designed to | ||
prevent the theft of regulated material. | ||
(c) Rules adopted under this section must: | ||
(1) include accountability measures for grant | ||
recipients and provisions for loss of eligibility for grant | ||
recipients that fail to comply with the measures; and | ||
(2) require grant recipients to provide to the | ||
department information on program outcomes. | ||
SECTION 18. Section 31.03(e), Penal Code, is amended to | ||
read as follows: | ||
(e) Except as provided by Subsection (f), an offense under | ||
this section is: | ||
(1) a Class C misdemeanor if the value of the property | ||
stolen is less than: | ||
(A) $50; or | ||
(B) $20 and the defendant obtained the property | ||
by issuing or passing a check or similar sight order in a manner | ||
described by Section 31.06; | ||
(2) a Class B misdemeanor if: | ||
(A) the value of the property stolen is: | ||
(i) $50 or more but less than $500; or | ||
(ii) $20 or more but less than $500 and the | ||
defendant obtained the property by issuing or passing a check or | ||
similar sight order in a manner described by Section 31.06; | ||
(B) the value of the property stolen is less | ||
than: | ||
(i) $50 and the defendant has previously | ||
been convicted of any grade of theft; or | ||
(ii) $20, the defendant has previously been | ||
convicted of any grade of theft, and the defendant obtained the | ||
property by issuing or passing a check or similar sight order in a | ||
manner described by Section 31.06; or | ||
(C) the property stolen is a driver's license, | ||
commercial driver's license, or personal identification | ||
certificate issued by this state or another state; | ||
(3) a Class A misdemeanor if the value of the property | ||
stolen is $500 or more but less than $1,500; | ||
(4) a state jail felony if: | ||
(A) the value of the property stolen is $1,500 or | ||
more but less than $20,000, or the property is less than 10 head of | ||
sheep, swine, or goats or any part thereof under the value of | ||
$20,000; | ||
(B) regardless of value, the property is stolen | ||
from the person of another or from a human corpse or grave, | ||
including property that is a military grave marker; | ||
(C) the property stolen is a firearm, as defined | ||
by Section 46.01; | ||
(D) the value of the property stolen is less than | ||
$1,500 and the defendant has been previously convicted two or more | ||
times of any grade of theft; | ||
(E) the property stolen is an official ballot or | ||
official carrier envelope for an election; or | ||
(F) the value of the property stolen is less than | ||
$20,000 and the property stolen is [ |
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(i) aluminum; | ||
(ii) bronze; [ |
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(iii) copper; or | ||
(iv) brass; | ||
(5) a felony of the third degree if the value of the | ||
property stolen is $20,000 or more but less than $100,000, or the | ||
property is: | ||
(A) cattle, horses, or exotic livestock or exotic | ||
fowl as defined by Section 142.001, Agriculture Code, stolen during | ||
a single transaction and having an aggregate value of less than | ||
$100,000; or | ||
(B) 10 or more head of sheep, swine, or goats | ||
stolen during a single transaction and having an aggregate value of | ||
less than $100,000; | ||
(6) a felony of the second degree if the value of the | ||
property stolen is $100,000 or more but less than $200,000; or | ||
(7) a felony of the first degree if the value of the | ||
property stolen is $200,000 or more. | ||
SECTION 19. (a) Notwithstanding Subsection (c) of this | ||
section, the change in law made by this Act applies only to an | ||
offense committed on or after the effective date of this Act. For | ||
purposes of this section, an offense is committed before the | ||
effective date of this Act if any element of the offense occurs | ||
before that date. | ||
(b) An offense committed before the effective date of this | ||
Act is covered by the law in effect when the offense was committed, | ||
and the former law is continued in effect for that purpose. | ||
(c) The enhancement of the punishment of an offense provided | ||
under Section 1956.003(g) or 1956.040(a-1), Occupations Code, as | ||
added by this Act, applies only to an offense committed on or after | ||
January 1, 2012. For purposes of this subsection, an offense is | ||
committed before January 1, 2012, if any element of the offense | ||
occurs before that date. An offense committed before January 1, | ||
2012, is covered by the law in effect when the offense was | ||
committed, and the former law is continued in effect for that | ||
purpose. | ||
SECTION 20. This Act takes effect September 1, 2011. |