Bill Text: TX SB694 | 2011-2012 | 82nd Legislature | Enrolled

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Bill Title: Relating to the regulation of metal recycling entities; providing penalties.

Sponsorship: Slight Partisan Bill (Republican 5-2)

Status: (Passed) 2011-06-17 - See remarks for effective date [SB694 Detail]

Download: Texas-2011-SB694-Enrolled.html

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S.B. No. 694

AN ACT
relating to the regulation of metal recycling entities; providing
penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subdivision (10), Section 1956.001, Occupations
Code, is amended to read as follows:
(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 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; [and]
(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 in whole or in part 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), (a-2), (f), (f-1), (f-2), 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.
(a-2) A county, municipality, or other political
subdivision that, as authorized under Subsection (a), requires a
metal recycling entity to report to the county, municipality, or
political subdivision information relating to a sale of regulated
material shall:
(1) include in any contract entered into by the
county, municipality, or political subdivision relating to the
reporting of the information a provision that:
(A) requires any contractor, subcontractor, or
third party that has access to, comes into possession of, or
otherwise obtains information relating to a sale of regulated
material to maintain the confidentiality of all information
received, including the name of the seller, the price paid for a
purchase of regulated material, and the quantity of regulated
material purchased; and
(B) allows the county, municipality, or
political subdivision to terminate the contract of any contractor,
subcontractor, or third party that violates the confidentiality
provision required by Paragraph (A); and
(2) investigate a complaint alleging that a
contractor, subcontractor, or third party has failed to maintain
the confidentiality of information relating to a sale of regulated
material.
(f) A person commits an offense if the person owns or
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). An offense under
this subsection is a Class B misdemeanor unless it is shown on the
trial of the offense that the person has been previously convicted
under this subsection, in which event the offense is a Class A
misdemeanor.
(f-1) It is an exception to the application of Subsection
(f) that:
(1) the person held a license or permit issued by the
appropriate county, municipality, or other political subdivision
at one point during the 12-month period preceding the date of the
alleged offense; and
(2) the person obtains or submits an application for
the appropriate license or permit not later than the 15th day after
the date the person receives notice from the appropriate county,
municipality, or other political subdivision informing the person
that the metal recycling entity is operating without the required
license or permit.
(f-2) This subsection and Subsection (f-1) expire March 1,
2013.
(g) Notwithstanding any other law, a county, municipality,
or other political subdivision must provide a minimum 30-day notice
followed by a public hearing prior to enacting a prohibition on the
sale or use of a recyclable product.
SECTION 4. Subchapter A, Chapter 1956, Occupations Code, is
amended by adding Section 1956.004 to read as follows:
Sec. 1956.004. CIVIL PENALTY. (a) A person who owns or
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 Section 1956.003(b) is subject to a
civil penalty of not more than $1,000 for each violation. In
determining the amount of the civil penalty, the court shall
consider:
(1) any other violations by the person; and
(2) the amount necessary to deter future violations.
(b) A district attorney, county attorney, or municipal
attorney may institute an action to collect the civil penalty
provided by this section.
(c) Each day a violation occurs or continues to occur is a
separate violation.
(d) The district attorney, county attorney, or municipal
attorney may recover reasonable expenses incurred in obtaining a
civil penalty under this section, including court costs, reasonable
attorney's fees, investigative costs, witness fees, and deposition
expenses.
(e) It is an exception to the application of this section
that:
(1) the person held a license or permit issued by the
appropriate county, municipality, or other political subdivision
at one point during the 12-month period preceding the date of the
alleged violation; and
(2) the person obtains or submits an application for
the appropriate license or permit not later than the 15th day after
the date the person receives notice from the appropriate county,
municipality, or other political subdivision informing the person
that the metal recycling entity is operating without the required
license or permit.
(f) This subsection and Subsection (e) expire March 1, 2013.
SECTION 5. Section 1956.015, Occupations Code, is amended
by amending Subsection (d) and adding Subsections (e) and (f) to
read as follows:
(d) Information provided under this section is not subject
to disclosure under Chapter 552, Government Code. The department
may use information provided under this section for law enforcement
purposes. Except as provided by this subsection, the department
shall maintain the confidentiality of all information provided
under this section, including the name of the seller, the price paid
for a purchase of regulated material, and the quantity of regulated
material purchased [that relates to the financial condition or
business affairs of a metal recycling entity or that is otherwise
commercially sensitive. The confidential information is not
subject to disclosure under Chapter 552, Government Code].
(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 all information provided under this section,
including the name of the seller, the price paid for a purchase of
regulated material, and the quantity of regulated material
purchased; and
(2) provide that the department may terminate the
contract of any contractor, subcontractor, or third party that
violates the confidentiality provision required by Subdivision
(1).
(f) The department shall investigate a complaint alleging
that a contractor, subcontractor, or third party has failed to
maintain the confidentiality of information relating to a sale of
regulated material.
SECTION 6. Subchapter A-1, Chapter 1956, Occupations Code,
is amended by adding Sections 1956.016 and 1956.017 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. The list must contain
the following for each registered metal recycling entity:
(1) the entity's name;
(2) the entity's physical address; and
(3) the name of and contact information for a
representative of the entity.
Sec. 1956.017. ADVISORY COMMITTEE. (a) The department
shall establish an advisory committee to advise the department on
matters related to the department's regulation of metal recycling
entities under this chapter.
(b) The advisory committee consists of 12 members appointed
by the director as follows:
(1) one representative of the department;
(2) two representatives of local law enforcement
agencies located in different municipalities, each with a
population of 500,000 or more;
(3) two representatives of local law enforcement
agencies located in different municipalities, each with a
population of 200,000 or more but less than 500,000;
(4) one representative of a local law enforcement
agency located in a municipality with a population of less than
200,000;
(5) four representatives of metal recycling entities;
and
(6) two members who represent industries that are
impacted by theft of regulated material.
(c) The director shall ensure that the members of the
advisory committee reflect the diverse geographic regions of this
state.
(d) The advisory committee shall elect a presiding officer
from among its members to serve a two-year term. A member may serve
more than one term as presiding officer.
(e) The advisory committee shall meet annually and at the
call of the presiding officer or the director.
(f) An advisory committee member is not entitled to
compensation or reimbursement of expenses.
(g) Chapter 2110, Government Code, does not apply to the
size, composition, or duration of the advisory committee or to the
appointment of the committee's presiding officer.
SECTION 7. The heading to Section 1956.032, Occupations
Code, is amended to read as follows:
Sec. 1956.032. INFORMATION REGARDING [PROVIDED BY] SELLER.
SECTION 8. Section 1956.032, Occupations Code, is amended
by amending Subsection (a) and adding Subsections (g) and (h) to
read as follows:
(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 the make,
model, color, and license plate number of the motor vehicle used to
transport the regulated material and the name of the state issuing
the license plate; [and]
(3) 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;
(4) if the regulated material includes condensing or
evaporator coils 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;
(C) a receipt, bill of sale, or other
documentation showing that the seller purchased the coils the
seller is attempting to sell; or
(D) a receipt, bill of sale, or other
documentation showing that the seller has purchased a replacement
central heating or air conditioning unit; and
(5) if the regulated material includes insulated
communications wire that has been burned wholly or partly to remove
the insulation, display to the metal recycling entity documentation
acceptable under the rules adopted under Subsection (h) that states
that the material was salvaged from a fire.
(g) Notwithstanding Section 1956.002, the metal recycling
entity shall verify the registration of a person attempting to sell
regulated material who represents that the person is a metal
recycling entity as follows:
(1) by using the database described by Section
1956.016; or
(2) by obtaining from the person a copy of the person's
certificate of registration issued under Section 1956.022 in
addition to the information required under Subsection (a).
(h) The commission shall adopt rules establishing the type
of documentation that a seller of insulated communications wire
described by Subsection (a)(5) must provide to a metal recycling
entity to establish that the wire was salvaged from a fire.
SECTION 9. 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 [of:
[(1) copper or brass material;
[(2) bronze material;
[(3) aluminum material; or
[(4) regulated metal].
(b) The record must be in English and include:
(1) the place and date of the purchase;
(2) the name and address of the seller in possession of
[each individual from whom] the regulated material [is] purchased
[or obtained];
(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; [and]
(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); and
(8) a copy of the documentation described by Section
1956.032(g) [Section 1956.032(a)(3)].
SECTION 10. Subchapter A-3, Chapter 1956, Occupations Code,
is amended by adding Section 1956.0331 to read as follows:
Sec. 1956.0331. PHOTOGRAPH OR RECORDING REQUIREMENT FOR
REGULATED METAL TRANSACTION. (a) In addition to the requirements
of Sections 1956.032 and 1956.033, for each purchase by a metal
recycling entity of an item of regulated metal, the entity shall
obtain a digital photograph or video recording that accurately
depicts the seller's entire face and each type of regulated metal
purchased.
(b) A metal recycling entity shall preserve a photograph or
recording required under Subsection (a) as follows:
(1) for a video recording, until the 91st day after the
date of the transaction; and
(2) for a digital photograph, until the 181st day
after the date of the transaction.
(c) The photograph or recording must be made available for
inspection as provided by Section 1956.035 not later than 72 hours
after the time of purchase.
SECTION 11. 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 and
1956.033 until the second [third] 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 12. Section 1956.035, Occupations Code, is amended
to read as follows:
Sec. 1956.035. INSPECTION OF RECORDS [BY PEACE OFFICER].
(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 1956.033; [or]
(2) a digital photograph or video recording required
by Section 1956.0331; or
(3) regulated material in the entity's possession.
(b) The person seeking to inspect a record or material
[inspecting officer] shall:
(1) inform the entity of the officer's status as a
peace officer; or
(2) if the person is a representative of the
department or a representative of a county, municipality, or other
political subdivision, inform the entity of the person's status and
display to the entity an identification document or other
appropriate documentation establishing the person's status as a
representative of the department or of the appropriate county,
municipality, or political subdivision.
SECTION 13. Section 1956.036, Occupations Code, is amended
by amending Subsections (a) and (b) and adding Subsections (d) and
(e) to read as follows:
(a) Except as provided by Subsections [Subsection] (b) and
(d), not later than the close of business on a metal recycling
entity's second working [seventh] day after the date of the
purchase or other acquisition of material for which a record is
required under Section 1956.033, the [a metal recycling] entity
shall send an electronic transaction report to the department via
the department's Internet website. The [by facsimile or electronic
mail to or file with the department a] report must contain
[containing] the information required to be recorded under Section
1956.033 [that section].
(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, by e-mail, or via the department's
Internet website; and
(2) not later than the close of business on the
entity's second working [fifth] day after the purchase date, submit
to the department electronically via the department's Internet
website [mail to] or file with the department 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 submits to the department annually:
(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.
(e) The department, after notice and an opportunity for a
hearing, may prohibit a metal recycling entity from paying cash for
a purchase of regulated material for a period determined by the
department if the department finds that the entity has failed to
comply with this section.
SECTION 14. Subsection (a), Section 1956.037, 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; or
(B) 72 hours, excluding weekends and holidays,
before the disposal, processing, sale, or removal, if the item is
not an item described by Paragraph (A); 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 15. 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)(3); or
(B) the entity's efforts to obtain the
information required under Section 1956.033(b); [or]
(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 not pay for a purchase of
regulated material in cash if:
(1) the entity does not hold a certificate of
registration under Subchapter A-2 and, if applicable, a license or
permit required by a county, municipality, or other political
subdivision as authorized under Section 1956.003(b); or
(2) the entity has been prohibited by the department
from paying cash under Section 1956.036(e).
(c) Notwithstanding Section 1956.003(a) or any other law, a
county, municipality, or other political subdivision may not adopt
or enforce 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 Subsection (b).
(d) Subsection (c) does not apply to a rule, charter,
ordinance, or order of a county, municipality, or other political
subdivision in effect on January 1, 2011.
(d-1) Not later than January 1, 2012, the department shall
issue a notice to each known owner or operator of a metal recycling
entity in this state informing the owner or operator of the
requirement to obtain a certificate of registration under
Subchapter A-2 and, if applicable, to obtain a license or permit
required by a county, municipality, or other political subdivision
under Section 1956.003. The notice must also state:
(1) that the owner or operator shall submit an
application for a certificate of registration and the appropriate
license or permit required by a county, municipality, or other
political subdivision on or before March 1, 2012; and
(2) the penalties under this chapter for failure to
comply with Subdivision (1).
(d-2) This subsection and Subsection (d-1) expire March 1,
2012.
(e) The department or a county, municipality, or other
political subdivision may bring an action in the county in which a
metal recycling entity is located to enjoin the business operations
of the owner or operator of the metal recycling entity for a period
of not less than 30 days and not more than 90 days if the owner or
operator has not submitted an application for a certificate of
registration or the appropriate license or permit required by a
county, municipality, or other political subdivision.
(f) An action under Subsection (e) must be brought in the
name of the state. If judgment is in favor of the state, the court
shall:
(1) enjoin the owner or operator from maintaining or
participating in the business of a metal recycling entity for a
definite period of not less than 30 days and not more than 90 days,
as determined by the court; and
(2) order that the place of business of the owner or
operator be closed for the same period.
SECTION 16. Section 1956.040, Occupations Code, is amended
by adding Subsections (a-1), (a-2), (a-3), (a-4), 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.
(a-2) An offense under Subsection (a-1) 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 Subsection (a-1), in which event the offense is a
state jail felony.
(a-3) 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-4) A municipality or county may retain 10 percent of the
money collected from a fine for a conviction of an offense under
Subsection (a-1) as a service fee for that collection and the clerk
of the court shall remit the remainder of the 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; or
(2) insulated communications wire that has been burned
wholly or partly to remove the insulation, unless the wire is
accompanied by documentation acceptable under the rules adopted
under Section 1956.032(h) that states that the material was
salvaged from a fire.
(b-1) An offense under Subsection (b) [this subsection] is a
Class A misdemeanor unless it is shown on trial of the offense that
the person has previously been convicted under Subsection (b) [this
subsection], in which event the offense is a state jail felony.
SECTION 17. Subsection (a), Section 1956.103, 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; [or]
(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 18. 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 19. Subsection (d), Section 1956.202, 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 20. 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-2) and (a-4), 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 21. Subsection (e), Section 31.03, 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 [insulated or noninsulated
tubing, rods, water gate stems, wire, or cable that consists of at
least 50 percent]:
(i) aluminum;
(ii) bronze; [or]
(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 22. (a) Except as provided by Subsection (b) of
this section, the change in law made by this Act applies only to an
offense committed on or after September 1, 2011. An offense
committed before September 1, 2011, 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.
(b) Subdivision (2), Subsection (b), Section 1956.040,
Occupations Code, as added by this Act, applies only to an offense
committed on or after January 1, 2012. An offense committed before
January 1, 2012, 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.
(c) For purposes of this section, an offense was committed
before the applicable date if any element of the offense occurred
before that date.
(d) The enhancement of the punishment of an offense provided
under Subsection (a-2), Section 1956.040, 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.
(e) Not later than January 1, 2012, the public safety
director of the Department of Public Safety of the State of Texas
shall appoint the members of the advisory committee established
under Section 1956.017, Occupations Code, as added by this Act, and
designate the time and place of the committee's first meeting.
(f) Not later than December 1, 2011, the Public Safety
Commission shall adopt rules to implement Subsection (h), Section
1956.032, Occupations Code, as added by this Act.
SECTION 23. (a) Except as provided by Subsections (b) and
(c) of this section, this Act takes effect September 1, 2011.
(b) Subsection (f), Section 1956.003, Section 1956.004, and
Subsections (b) and (e), Section 1956.038, Occupations Code, as
added by this Act, take effect March 1, 2012.
(c) Subdivision (5), Subsection (a), Section 1956.032, and
Subdivision (2), Subsection (b), Section 1956.040, Occupations
Code, as added by this Act, take effect January 1, 2012.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 694 passed the Senate on
April 12, 2011, by the following vote: Yeas 31, Nays 0;
May 26, 2011, Senate refused to concur in House amendments and
requested appointment of Conference Committee; May 27, 2011, House
granted request of the Senate; May 29, 2011, Senate adopted
Conference Committee Report by the following vote: Yeas 31,
Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 694 passed the House, with
amendments, on May 24, 2011, by the following vote: Yeas 106,
Nays 29, three present not voting; May 27, 2011, House granted
request of the Senate for appointment of Conference Committee;
May 29, 2011, House adopted Conference Committee Report by the
following vote: Yeas 119, Nays 21, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor