HBA-ATS H.B. 1405 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1405
By: McReynolds
Business & Industry
2/18/1999
Introduced



BACKGROUND AND PURPOSE 

Under current law, individuals who sell regulated metal to a secondhand
metal dealer need to present identification to the dealer.  A person who is
unable to present identification may nonetheless sell regulated metal by
signing a statement that the person is the owner of or is authorized to
sell the metal.  The dealer need only record the name and place of the
individual from whom the regulated material was bought and the signed
statement executed by the seller in lieu of presenting identification.
Under these standards, regulated metal stolen from construction sites has
been sold to dealers.  Law enforcement has encountered difficulty in
attempting to stop this activity. 
  
H.B. 1405 strengthens the law regulating the sale of regulated metals by
prohibiting dealers from purchasing metal from sellers who are unable to
produce proper identification.  In addition, this bill removes the option
for sellers to sign a written statement in lieu of presenting
identification.  It also prohibits a dealer from selling regulated material
for ten days after the purchase, which allows law enforcement the time
needed to determine whether the materials are stolen.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 1(5), Article 9009, V.T.C.S., to define
"personal identification card," rather than "personal identification
certificate," as including a driver's license issued by the Department of
Public Safety (DPS) under Chapter 521 (Driver's Licenses and Certificates),
Transportation Code, a military identification card, a passport, an alien
registration card, and a picture identification card issued by another
state, in addition to a personal identification certificate issued by DPS. 

SECTION 2.  Amends Section 2, Article 9009, V.T.C.S., as follows:

(a) Requires a secondhand metal dealer (dealer) to record a purchase made
in the course of the dealer's business from an individual of copper or
brass material in excess of 40, rather than 50, pounds.  Includes the name
and address of each company from which a dealer bought regulated material
among the information needed to be recorded for each purchase. Includes the
requirement that a dealer must describe with specific phrases, but not
general ones, the regulated material purchased among the information needed
to be recorded for each purchase.  Includes a description of, in addition
to the quantity of, the regulated material bought among the information
needed to be recorded for each purchase.  Includes the dollar amount paid
for the material among the information needed to be recorded for each
purchase. Deletes the requirement that a signed statement by the seller
that states the seller's right of legal ownership or right to sell the
regulated materials offered for sale needs to be included among the
information recorded for each purchase.  Makes a conforming change. 

(c) Deletes the provision that a person attempting to sell a regulated
material to a dealer must provide a signed statement that the seller does
not possess a personal identification card in lieu of displaying the card.
Provides that a person attempting to sell a regulated material to  a dealer
must provide to the dealer the license plate number of the vehicle that
transported the regulated material to the dealer.  Deletes the provision
that a person attempting to sell a regulated material to a dealer must sign
a written statement that the person is the legal owner of, or is lawfully
entitled to sell, the regulated material.  Makes conforming changes. 

(d) Requires a dealer or a dealer's agent to visually verify the seller's
personal identification card, rather than verify the identification
presented by the seller, at the time of the purchase. Adds a provision
prohibiting a dealer from purchasing a regulated material from a seller who
does not display an identification card or whose identification card cannot
be verified by the dealer.  Deletes existing Subsection (d). 

(e) Redesignated from existing Subsection (f).  Makes conforming changes.

SECTION 3.  Amends Section 3, Article 9009, V.T.C.S., to add a provision
prohibiting a dealer from erasing, mutilating, or altering for three years
the records the dealer is required to preserve. 

SECTION 4.  Amends Section 5, Article 9009, V.T.C.S., as follows:

Sec. 5.  New title: TEN DAY HOLD; NOTICE TO HOLD ITEMS; DEALERS.  (a) Adds
a provision prohibiting a dealer from selling, salvaging, or destroying a
regulated material until the expiration of the 10th working day after the
material is purchased. 

(b) Created from existing text.  Adds a provision authorizing a peace
officer to hold regulated materials suspected of being stolen for a period
longer than the days provided in Subsection (a). 

(c) Redesignated from existing Subsection (b).  Makes a conforming change.

(d) Redesignated from existing Subsection (c).  Authorizes a dealer, at the
expiration of the holding period, to dispose of the regulated material
unless another disposition of the material has been ordered by a court of
competent jurisdiction or the retention period under Subsection (a) has not
yet expired. 

SECTION 5.  Amends Section 8, Article 9009, V.T.C.S., by deleting the
reference to an "other commercial" vendor from the list of vendors from
whom a purchase of a regulated material may be made without triggering the
application of this Act. 

SECTION 6.  Effective date: September 1, 1999.

SECTION 7.  Emergency clause.