85R2123 TSR-F     By: West S.B. No. 208       A BILL TO BE ENTITLED   AN ACT   relating to the regulation of metal recycling entities; providing   an administrative penalty; creating a criminal offense.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 1956.001, Occupations Code, is amended   by amending Subdivision (6-a) and adding Subdivisions (6-b) and   (6-c) to read as follows:                (6-a)  "Explosive component" means any component of an   explosive weapon containing or consisting of regulated material,   including exploded or disassembled ammunition, munitions, shell   casings, spin or fin stabilized projectiles, and shrapnel. The   term does not include pellet ammunition, shotgun ammunition, or   ammunition of .50 caliber or less that does not contain explosive   powder.                (6-b)  "Explosive weapon" means any explosive or   incendiary device that is designed, made, or adapted for the   purpose of inflicting serious bodily injury, death, or substantial   property damage, or for the principal purpose of causing such a loud   report as to cause undue public alarm or terror, including an   explosive or incendiary bomb, grenade, rocket, or mine, or a device   designed, made, or adapted for delivering or shooting an explosive   or incendiary device or starting a fire in a time-delayed manner.   The term includes exploded or unexploded ammunition, munition,   blasting caps, anti-tank rounds, ordnances, or projectiles. The   term does not include pellet ammunition, shotgun ammunition, or   ammunition of .50 caliber or less that does not contain explosive   powder.                (6-c)  "Lead material" means:                      (A)  a commercial grade lead battery, lead-acid   battery, or spiral cell battery; or                      (B)  a material or an item readily identifiable as   being made of or containing lead.          SECTION 2.  Section 1956.015(a), Occupations Code, is   amended to read as follows:          (a)  The department shall establish a statewide electronic   reporting system to track the sales of regulated metal reported to   the department under Section 1956.036. The department shall use   the system to track the sale or attempted sale of an explosive   component or an explosive weapon reported to the department under   Section 1956.036(f).          SECTION 3.  Section 1956.036, Occupations Code, is amended   by adding Subsection (f) to read as follows:          (f)  A metal recycling entity shall report to the department   by telephone, by e-mail, or through the department's Internet   website each sale or attempted sale to the entity of an explosive   component or explosive weapon as soon as possible after the sale or   attempted sale, but not later than the close of business on the   entity's first working day after the date of the sale or attempted   sale.          SECTION 4.  Section 1956.040, Occupations Code, is amended   by adding Subsections (c-1), (c-2), (c-3), (c-4), (c-5), and (d-1)   to read as follows:          (c-1)  A person commits an offense if the person knowingly   sells to a metal recycling entity:                (1)  an explosive component; or                (2)  an explosive weapon.          (c-2)  A metal recycling entity commits an offense if the   entity knowingly buys:                (1)  an explosive component; or                (2)  an explosive weapon.          (c-3)  Except as provided by Subsection (c-5), an offense   under Subsection (c-1)(1) or (c-2)(1) is a Class A misdemeanor.   Except as provided by Subsection (c-5), an offense under Subsection   (c-1)(2) or (c-2)(2) is a felony of the third degree.          (c-4)  A metal recycling entity commits an offense if the   entity knowingly stores or allows to be stored on the entity's   premises an explosive component or explosive weapon. Except as   provided by Subsection (c-5), an offense under this subsection is a   Class A misdemeanor.          (c-5)  An offense under Subsection (c-1), (c-2), or (c-4) is   a felony of the second degree if it is shown at the trial of the   offense that a person suffered death or serious bodily injury, as   defined by Section 1.07, Penal Code, as a result of the detonation   of an explosive component or explosive weapon.           (d-1)  On conviction of an offense under Subsection (c-1),   (c-2), or (c-4), the court may order the defendant to make   restitution to:                (1)  the state or a political subdivision of the state   for the costs incurred by the state or subdivision for responding to   the offense and any removal, cleaning, sanitizing, demolition,   reconstruction, or other treatment required as a result of the   offense; and                (2)  the owner of any property damaged as a result of   the offense.          SECTION 5.  Section 1956.041, Occupations Code, is amended   by amending Subsections (a) and (b) and adding Subsections (b-1)   and (f) to read as follows:          (a)  The commission, after notice and an opportunity for a   hearing, may impose an administrative penalty on a person who   violates this subchapter or Subchapter A-2 or a rule or order of the   commission under this chapter [Section 1956.036].          (b)  The amount of the administrative penalty may not exceed   $1,000 for each violation. The aggregate penalty for multiple   violations may not exceed $10,000. Each day a violation occurs or   continues to occur is a separate violation for the purpose of   imposing a penalty.  In determining the amount of the   administrative penalty, the commission shall consider:                (1)  the seriousness of the violation, including the   nature, circumstances, extent, and gravity of the violation;                (2)  the economic harm caused by the violation;                (3)  the history of previous violations;                (4)  the amount necessary to deter a future violation;                (5)  efforts to correct the violation; and                (6)  any other matter that justice may require.          (b-1)  The commission by rule shall adopt a standardized   penalty schedule for a violation based on the criteria listed in   Subsection (b).          (f)  An administrative penalty collected under this section   shall be deposited in a special account in the general revenue fund   and may be appropriated only to the department.          SECTION 6.  Section 1956.041, Occupations Code, as amended   by this Act, applies only to a violation committed on or after the   effective date of this Act. A violation committed before the   effective date of this Act is governed by the law in effect on the   date the violation was committed, and the former law is continued in   effect for that purpose.          SECTION 7.  This Act takes effect September 1, 2017.