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AN ACT
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relating to regulations regarding the sale of plastic bulk |
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merchandise containers; providing a criminal penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 35.63, Business & Commerce Code, as |
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added by Chapter 307 (H.B. 1871), Acts of the 80th Legislature, |
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Regular Session, 2007, is amended by amending Subsections (b), (c), |
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(d), and (e) and adding Subsections (g) and (h) to read as follows: |
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(b) A person who is in the business of recycling, shredding, |
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or destroying plastic bulk merchandise containers, before |
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purchasing 10 [five] or more plastic bulk merchandise containers |
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from an individual at one time, [the same person,] shall: |
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(1) obtain from an individual [that person]: |
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(A) proof of ownership for the containers; and |
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(B) a record that contains: |
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(i) the name, address, and telephone number |
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of the person or the person's authorized representative; |
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(ii) the name and address of the buyer of |
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the containers or any consignee of the containers; |
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(iii) a description of the containers, |
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including the number of the containers to be sold; and |
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(iv) the date of the transaction; and |
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(2) verify the identity of the individual selling the |
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containers or representing the seller from a driver's license or |
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other government-issued identification card that includes the |
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individual's photograph, and record the verification. |
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(c) A person who is in the business of recycling, shredding, |
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or destroying plastic bulk merchandise containers shall retain a |
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record obtained or made under this section until the first |
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anniversary of the later of the date the containers are purchased or |
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delivered. |
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(d) A person who is in the business of recycling, shredding, |
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or destroying plastic bulk merchandise containers who violates |
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Subsection (b) or (c) is liable to this state for a civil penalty of |
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$10,000 for each violation. |
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(e) A person who is in the business of recycling, shredding, |
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or destroying plastic bulk merchandise containers may not use an |
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artifice to avoid the application of this section, including |
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documenting purchases from the same person on the same day as |
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multiple transactions. A person who is in the business of |
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recycling, shredding, or destroying plastic bulk merchandise |
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containers who violates this subsection is liable to this state for |
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a civil penalty of $30,000 for each violation. |
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(g) A person who is in the business of recycling, shredding, |
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or destroying plastic bulk merchandise containers who violates this |
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section commits an offense. Except as provided by Subsection (h), |
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an offense under this subsection is a Class C misdemeanor |
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punishable by: |
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(1) a fine not to exceed $350, if the total purchase |
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price of the plastic bulk merchandise containers to which the |
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offense relates is less than $1,000; or |
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(2) a fine not to exceed $700, if the total purchase |
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price of the plastic bulk merchandise containers to which the |
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offense relates is $1,000 or more. |
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(h) If it is shown on the trial of an offense under this |
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section that the defendant has been previously convicted of an |
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offense under this section based on the same type of violation, the |
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offense is punishable by a fine not to exceed twice the maximum |
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amount of the fine prescribed for a first offense under this |
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section. |
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SECTION 2. Chapter 204, Business & Commerce Code, as |
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effective September 1, 2009, is amended by adding Section 204.005 |
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to read as follows: |
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Sec. 204.005. CRIMINAL PENALTY. (a) A person who is in the |
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business of recycling, shredding, or destroying plastic bulk |
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merchandise containers who violates this chapter commits an |
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offense. |
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(b) Except as provided by Subsection (c), an offense under |
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this section is a Class C misdemeanor punishable by: |
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(1) a fine not to exceed $350, if the total purchase |
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price of the plastic bulk merchandise containers to which the |
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offense relates is less than $1,000; or |
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(2) a fine not to exceed $700, if the total purchase |
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price of the plastic bulk merchandise containers to which the |
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offense relates is $1,000 or more. |
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(c) If it is shown on the trial of an offense under this |
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section that the defendant has been previously convicted of an |
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offense under this section based on the same type of violation, the |
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offense is punishable by a fine not to exceed twice the maximum |
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amount of the fine prescribed for a first offense under this |
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section. |
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SECTION 3. (a) Section 1 of this Act takes effect only if |
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the Act of the 81st Legislature, Regular Session, 2009, relating to |
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nonsubstantive additions to and corrections in existing codes does |
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not become law. |
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(b) Section 2 of this Act takes effect only if the Act of the |
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81st Legislature, Regular Session, 2009, relating to |
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nonsubstantive additions to and corrections in existing codes |
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becomes law. |
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SECTION 4. This Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2127 was passed by the House on May 1, |
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2009, by the following vote: Yeas 142, Nays 0, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 2127 on May 29, 2009, by the following vote: Yeas 142, Nays 0, |
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1 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2127 was passed by the Senate, with |
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amendments, on May 27, 2009, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |