Bill Text: TX HB942 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to the regulation of crafted precious metal dealers; providing a criminal penalty.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-02-19 - Referred to Business & Industry [HB942 Detail]
Download: Texas-2013-HB942-Introduced.html
83R3800 MAW-F | ||
By: King of Parker | H.B. No. 942 |
|
||
|
||
relating to the regulation of crafted precious metal dealers; | ||
providing a criminal penalty. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 1956.051(3), Occupations Code, is | ||
amended to read as follows: | ||
(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, or a commemorative | ||
medallion [ |
||
|
||
SECTION 2. Section 1956.062, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 1956.062. RECORD [ |
||
REQUIRED. (a) A dealer shall maintain an accurate record of [ |
||
|
||
precious metal that the dealer purchases, takes in trade, accepts | ||
for sale on consignment, or accepts for auction. | ||
(b) The record [ |
||
|
||
|
||
|
||
|
||
|
||
(1) the date of the transaction; | ||
(2) the name and physical address of the dealer; | ||
(3) the [ |
||
seller's personal identification document; | ||
(4) the identifying number of the seller's personal | ||
identification document; | ||
(5) the physical [ |
||
residing at the time of the transaction; | ||
(6) the seller's sex, height, date of birth, and eye | ||
color; | ||
(7) [ |
||
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) the total amount paid by the dealer to the seller, | ||
including the amounts attributable to each type of precious metal | ||
accepted; | ||
(9) a digital or video photograph that accurately | ||
depicts each item accepted; and | ||
(10) [ |
||
that: | ||
(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) [ |
||
|
||
|
||
|
||
|
||
[ |
||
(1) provide to a peace officer, on demand, the record | ||
[ |
||
(2) except as provided by Subsection (d), mail or | ||
deliver a complete copy of the record [ |
||
or the sheriff as provided by Section 1956.063 not later than 48 | ||
hours after the time the transaction occurs [ |
||
|
||
(d) The chief of police or the sheriff may provide for | ||
electronic submission of a record under Subsection (c)(2). | ||
(e) In this section, "seller" includes a transferor who | ||
exchanges, or offers to exchange, crafted precious metal with a | ||
dealer. | ||
SECTION 3. 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 [ |
||
|
||
prenumbered form prescribed by the commissioner. The form must | ||
include the information required to be included in the record | ||
[ |
||
[ |
||
[ |
||
|
||
[ |
||
[ |
||
|
||
SECTION 4. 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 21st [ |
||
is filed unless: | ||
(1) the peace officer to whom the report is submitted, | ||
for good cause, authorizes disposition of the metal; or | ||
(2) [ |
||
|
||
|
||
[ |
||
is the redemption of pledged property by the pledgor. | ||
SECTION 5. Section 1956.066, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 1956.066. PURCHASE FROM MINOR PROHIBITED. [ |
||
dealer may not purchase crafted precious metal from a person | ||
younger than 18 years of age [ |
||
|
||
|
||
[ |
||
|
||
|
||
[ |
||
[ |
||
|
||
SECTION 6. Subchapter B, Chapter 1956, Occupations Code, is | ||
amended by adding Section 1956.0681 to read as follows: | ||
Sec. 1956.0681. PURCHASE OF DEFACED, ALTERED, OR BROKEN | ||
ITEMS. A dealer, in the course of business, may not purchase from a | ||
person other than a manufacturer of or a regular dealer in crafted | ||
precious metal an object that has been defaced, altered, or broken | ||
to the extent that the object cannot be used for its original | ||
purpose without substantial repair. | ||
SECTION 7. Section 1956.069, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 1956.069. CRIMINAL PENALTY. (a) A person commits an | ||
offense if the person: | ||
(1) [ |
||
|
||
[ |
||
or 1956.064; | ||
(2) [ |
||
|
||
[ |
||
required by Section 1956.067; or | ||
(3) [ |
||
1956.066, 1956.068, or 1956.0681. | ||
(b) An offense under Subsection (a)(1) or (2) [ |
||
is a Class B misdemeanor, except that: | ||
(1) the offense is a Class A misdemeanor if it is shown | ||
on the trial of the offense that the defendant has been previously | ||
convicted of an offense under this section; and | ||
(2) the offense is a state jail felony if it is shown | ||
on the trial of the offense that the defendant has previously been | ||
convicted two or more times of an offense under this section. | ||
(c) An offense under Subsection (a)(3) is a Class A | ||
misdemeanor, unless it is shown on the trial of the offense that the | ||
defendant has been previously convicted of an offense under that | ||
subsection, in which event the offense is a state jail felony. | ||
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) Sections 1956.063(c) and 1956.069, Occupations Code, as | ||
amended by this Act, take effect December 1, 2013. |