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AN ACT
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relating to the regulation of metal recycling entities; providing |
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an administrative penalty; creating a criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1956.001, Occupations Code, is amended |
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by amending Subdivision (6-a) and adding Subdivision (6-b) to read |
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as follows: |
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(6-a) "Explosive device" means a device or material |
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that contains explosive powder, primer, fluid, or gas or a |
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detonator. The term does not include: |
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(A) a device that is designed, made, or adapted |
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for delivering or shooting ammunition of .50 caliber or less and |
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that is purchased for personal or security reasons recognized under |
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state or federal law; |
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(B) a component of a motor vehicle or mechanical |
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equipment, including equipment that is used in the exploration or |
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production of minerals; |
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(C) any type of compressed cylinder that is |
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commonly used in a residence or commercial business; or |
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(D) any type of scrap metal that is routinely |
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purchased in the metal recycling industry and that is not |
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associated with military weaponry. |
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(6-b) "Lead material" means: |
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(A) a commercial grade lead battery, lead-acid |
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battery, or spiral cell battery; or |
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(B) a material or an item readily identifiable as |
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being made of or containing lead. |
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SECTION 2. Section 1956.003(c), Occupations Code, is |
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amended to read as follows: |
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(c) A county, municipality, or political subdivision of |
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this state that issues a license or permit to a business as |
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authorized under Subsection (b) shall submit to the department in |
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the manner required by the department information on each business |
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that is issued a license or permit, including inspection reports |
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for the business, information regarding violations of this chapter |
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by the business, and information regarding disciplinary actions |
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initiated against the business. |
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SECTION 3. Section 1956.036, Occupations Code, is amended |
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by adding Subsection (f) to read as follows: |
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(f) A metal recycling entity shall report to the department |
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by telephone, by e-mail, or through the department's Internet |
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website the entity's possession of an explosive device unknowingly |
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purchased or otherwise obtained by the entity not later than the |
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close of business on the entity's first working day after the date |
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the possession of the device is discovered. A metal recycling |
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entity may also report to an appropriate law enforcement authority |
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or the nearest military installation the possession of an explosive |
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device that the entity unknowingly purchased or otherwise obtained |
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so that the explosive device may be removed from the entity or |
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disposed of as soon as possible. |
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SECTION 4. Section 1956.040, Occupations Code, is amended |
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by adding Subsections (c-1), (c-2), (c-3), (c-4), (c-5), and (d-1) |
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to read as follows: |
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(c-1) A person commits an offense if the person knowingly |
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sells an explosive device to a metal recycling entity. |
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(c-2) A metal recycling entity commits an offense if the |
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entity knowingly buys an explosive device. |
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(c-3) Except as provided by Subsection (c-5), an offense |
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under Subsection (c-1) or (c-2) is a Class A misdemeanor. |
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(c-4) A metal recycling entity commits an offense if the |
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entity knowingly stores or allows to be stored on the entity's |
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premises an explosive device. Except as provided by Subsection |
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(c-5), an offense under this subsection is a Class A misdemeanor. |
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For purposes of this subsection, a metal recycling entity is |
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considered to store an explosive device on the entity's premises |
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beginning not earlier than 72 hours after the time a person presents |
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the explosive device to the entity for sale or an attempted sale and |
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ending at the time the entity reports the presence of the explosive |
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device on the entity's premises to the department. A metal |
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recycling entity is not liable under this section for the time it |
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takes for the department, a law enforcement agency, or a military |
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installation to respond to the entity's report that the entity |
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possesses an explosive device. |
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(c-5) An offense under Subsection (c-1), (c-2), or (c-4) is |
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a felony of the second degree if it is shown at the trial of the |
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offense that a person suffered death or serious bodily injury, as |
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defined by Section 1.07, Penal Code, as a result of the detonation |
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of an explosive device. |
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(d-1) On conviction of an offense under Subsection (c-1), |
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(c-2), or (c-4), the court may order the defendant to make |
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restitution to: |
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(1) the state or a political subdivision of the state |
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for the costs incurred by the state or subdivision for responding to |
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the offense and any removal, cleaning, sanitizing, demolition, |
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reconstruction, or other treatment required as a result of the |
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offense; and |
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(2) the owner of any property damaged as a result of |
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the offense. |
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SECTION 5. Section 1956.041, Occupations Code, is amended |
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by amending Subsections (a) and (b) and adding Subsections (b-1), |
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(b-2), and (f) to read as follows: |
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(a) The commission, after notice and an opportunity for a |
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hearing, may impose an administrative penalty on a person who: |
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(1) violates this subchapter or Subchapter A-2 or a |
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rule or order of the commission under this chapter; or |
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(2) engages in conduct that would constitute an |
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offense under Section 1956.040(c-2) or (c-4) [Section 1956.036]. |
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(b) Except as provided by Subsection (b-1), the [The] amount |
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of the administrative penalty may not exceed $1,000. Each day a |
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violation occurs or continues to occur is a separate violation for |
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the purpose of imposing a penalty under this section. In |
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determining the amount of the administrative penalty under this |
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section, the commission shall consider: |
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(1) the seriousness of the violation, including the |
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nature, circumstances, extent, and gravity of the violation; |
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(2) the economic harm caused by the violation; |
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(3) the history of previous violations; |
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(4) the amount necessary to deter a future violation; |
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(5) efforts to correct the violation; and |
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(6) any other matter that justice may require. |
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(b-1) The amount of an administrative penalty for engaging |
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in conduct described by Subsection (a)(2) or for a violation of |
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Section 1956.036(f) may not exceed $1,000 for each violation. The |
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aggregate penalty under this subsection for multiple violations may |
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not exceed $10,000. |
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(b-2) The commission by rule shall adopt a standardized |
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penalty schedule for a violation based on the criteria listed in |
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Subsection (b). |
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(f) An administrative penalty collected under this section |
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shall be deposited in a special account in the general revenue fund |
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and may be appropriated only to the department. |
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SECTION 6. Section 1956.041, Occupations Code, as amended |
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by this Act, applies only to a violation committed on or after the |
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effective date of this Act. A violation committed before the |
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effective date of this Act is governed by the law in effect on the |
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date the violation was committed, and the former law is continued in |
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effect for that purpose. |
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SECTION 7. This Act takes effect September 1, 2017. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 208 passed the Senate on |
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April 18, 2017, by the following vote: Yeas 30, Nays 1. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 208 passed the House on |
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May 19, 2017, by the following vote: Yeas 141, Nays 3, two |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |