| |
| |
| |
|
|
AN ACT
|
|
|
relating to the purchase of plastic bulk merchandise containers by |
|
|
certain businesses; providing a civil penalty. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 204.002, Business & Commerce Code, is |
|
|
amended by amending Subsections (a) and (c) and adding Subsections |
|
|
(d), (e), and (f) to read as follows: |
|
|
(a) A person who is in the business of recycling, shredding, |
|
|
or destroying plastic bulk merchandise containers, before |
|
|
purchasing five or more plastic bulk merchandise containers from |
|
|
the same person, shall: |
|
|
(1) obtain from that person: |
|
|
(A) proof of ownership for the containers; and |
|
|
(B) a record that contains: |
|
|
(i) the name, address, and telephone number |
|
|
of the person or the person's authorized representative; |
|
|
(ii) the name and address of the buyer of |
|
|
the containers or any consignee of the containers; |
|
|
(iii) a description of the containers, |
|
|
including the number of the containers to be sold; and |
|
|
(iv) the date of the transaction; and |
|
|
(2) verify: |
|
|
(A) the identity of the individual selling the |
|
|
containers or representing the seller from a driver's license or |
|
|
other government-issued identification card that includes the |
|
|
individual's photograph, and record the verification; or |
|
|
(B) in a manner determined by the purchaser that |
|
|
the individual is acting on behalf of a corporation, business, |
|
|
government, or governmental subdivision or agency. |
|
|
(c) A person who is in the business of recycling, shredding, |
|
|
or destroying plastic bulk merchandise containers and who purchases |
|
|
a plastic bulk merchandise container from an individual, unless the |
|
|
person verifies in a manner determined by the purchaser that the |
|
|
individual is acting on behalf of a corporation, business, |
|
|
government, or governmental subdivision or agency: |
|
|
(1) may not pay for the purchase of any plastic bulk |
|
|
merchandise container with cash; and |
|
|
(2) shall, for each transaction in which the person |
|
|
purchases one or more plastic bulk merchandise containers, record |
|
|
the method of payment used to purchase the containers. |
|
|
(d) A record made under Subsection (c)(2) shall be attached |
|
|
to a record made or obtained under Subsection (a) if a record is |
|
|
required under that subsection. |
|
|
(e) A person who violates Subsection (a) or (b) is liable to |
|
|
this state for a civil penalty of $10,000 for each violation. |
|
|
(f) A person who violates Subsection (c) is liable to this |
|
|
state for a civil penalty in an amount not to exceed $5,000 for each |
|
|
violation. Each cash transaction made in violation of Subsection |
|
|
(c)(1) is a separate violation for purposes of imposing a penalty |
|
|
under this subsection. In determining the amount of the civil |
|
|
penalty imposed under this subsection, the court shall consider the |
|
|
amount necessary to deter future violations. |
|
|
SECTION 2. Subsection (a), Section 204.004, Business & |
|
|
Commerce Code, is amended to read as follows: |
|
|
(a) The attorney general or appropriate prosecuting |
|
|
attorney may: |
|
|
(1) inspect a record retained by a person under |
|
|
Section 204.002; |
|
|
(2) investigate an alleged violation of this chapter; |
|
|
and |
|
|
(3) [(2)] sue to collect a civil penalty under this |
|
|
chapter. |
|
|
SECTION 3. This Act takes effect September 1, 2013. |
|
|
|
|
|
|
| |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
|
|
I hereby certify that S.B. No. 875 passed the Senate on |
|
|
April 11, 2013, by the following vote: Yeas 30, Nays 1; and that |
|
|
the Senate concurred in House amendment on May 20, 2013, by the |
|
|
following vote: Yeas 30, Nays 1. |
|
|
|
| |
| |
______________________________ |
| |
Secretary of the Senate |
| |
|
|
I hereby certify that S.B. No. 875 passed the House, with |
|
|
amendment, on May 15, 2013, by the following vote: Yeas 116, |
|
|
Nays 30, two present not voting. |
|
|
|
| |
| |
______________________________ |
| |
Chief Clerk of the House |
| |
|
|
|
| |
|
|
Approved: |
|
|
|
|
|
______________________________ |
|
|
Date |
|
|
|
|
|
|
|
|
______________________________ |
|
|
Governor |