Bill Text: TX SB1132 | 2021-2022 | 87th Legislature | Enrolled
Bill Title: Relating to the regulation of crafted precious metal dealers; authorizing the change of a fee.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Passed) 2021-06-14 - See remarks for effective date [SB1132 Detail]
Download: Texas-2021-SB1132-Enrolled.html
S.B. No. 1132 |
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relating to the regulation of crafted precious metal dealers; | ||
authorizing the change of a fee. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 1956.051, Occupations Code, is amended | ||
by amending Subdivision (3) and adding Subdivision (5-a) to read as | ||
follows: | ||
(3) "Crafted precious metal" means jewelry, | ||
silverware, an art object, or another object, made wholly or partly | ||
from precious metal and used primarily for personal, family, or | ||
household purchases. The term does not include: | ||
(A) [ |
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(B) [ |
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(C) [ |
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(D) an item selling at 105 percent or more of[ |
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scrap value of the item; | ||
(E) an item made wholly or partly from precious | ||
metal and used for a dental, pharmaceutical, or medical | ||
application; or | ||
(F) an item made wholly or partly from precious | ||
metal extracted, recovered, or salvaged from an industrial | ||
by-product or industrial waste product. | ||
(5-a) "Jewelry store" means a retail establishment | ||
that derives 75 percent or more of its annual revenue from the sale | ||
to consumers of crafted precious metal or other items of personal | ||
adornment, including watches, bracelets, necklaces, brooches, | ||
rings, and earrings. | ||
SECTION 2. Section 1956.0612(c), Occupations Code, is | ||
amended to read as follows: | ||
(c) The commissioner shall prescribe the processing fee in | ||
an amount necessary to cover the costs of administering this | ||
subchapter [ |
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SECTION 3. Section 1956.0613, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 1956.0613. INVESTIGATION BY COMMISSIONER. The | ||
commissioner shall: | ||
(1) monitor the operations of a dealer to ensure | ||
compliance with this subchapter [ |
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(2) receive and investigate complaints against a | ||
dealer or a person acting as a dealer. | ||
SECTION 4. Subchapter B, Chapter 1956, Occupations Code, is | ||
amended by adding Section 1956.06131 to read as follows: | ||
Sec. 1956.06131. EXAMINATION BY COMMISSIONER. (a) At the | ||
times the commissioner considers necessary, the commissioner or the | ||
commissioner's representative may: | ||
(1) examine each place of business of each dealer; and | ||
(2) investigate the dealer's transactions and records, | ||
including books, accounts, papers, and correspondence, to the | ||
extent the transactions and records pertain to the business | ||
regulated under this subchapter. | ||
(b) A dealer shall: | ||
(1) give the commissioner or the commissioner's | ||
representative free access to the dealer's office, place of | ||
business, files, safes, and vaults; and | ||
(2) allow the commissioner or the representative to | ||
make a copy of an item that may be investigated under Subsection | ||
(a)(2). | ||
(c) The commissioner or the commissioner's representative | ||
shall examine under Subsection (a) at least 10 dealers each | ||
calendar year. | ||
(d) This section does not apply with respect to a jewelry | ||
store. | ||
SECTION 5. Subchapter B, Chapter 1956, Occupations Code, is | ||
amended by adding Section 1956.0616 to read as follows: | ||
Sec. 1956.0616. NOTICE OF ENFORCEMENT ORDER. (a) As soon | ||
as practicable after an enforcement order against a dealer for a | ||
violation of this subchapter becomes final, including an order | ||
assessing an administrative penalty or an order to pay restitution | ||
under Section 14.251(b)(3), Finance Code, the commissioner shall | ||
provide notice of the order to: | ||
(1) the chief of police of the municipality in which | ||
the violation occurred; or | ||
(2) the sheriff of the county in which the violation | ||
occurred, if the violation did not occur in a municipality. | ||
(b) The notice must include: | ||
(1) a copy of the enforcement order; | ||
(2) the information on complaint procedures described | ||
by Section 14.062(b), Finance Code; and | ||
(3) any other information the commissioner considers | ||
necessary or proper to the enforcement of this subchapter. | ||
SECTION 6. Sections 1956.052, 1956.053, and 1956.054, | ||
Occupations Code, are repealed. | ||
SECTION 7. (a) Except as provided by Subsection (b) of this | ||
section, this Act takes effect September 1, 2021. | ||
(b) Section 1956.06131, Occupations Code, as added by this | ||
Act, takes effect January 1, 2022. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 1132 passed the Senate on | ||
April 13, 2021, by the following vote: Yeas 31, Nays 0; and that | ||
the Senate concurred in House amendment on May 28, 2021, by the | ||
following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 1132 passed the House, with | ||
amendment, on May 23, 2021, by the following vote: Yeas 126, | ||
Nays 19, two present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |