By: West  S.B. No. 208          (In the Senate - Filed November 14, 2016; January 25, 2017,   read first time and referred to Committee on Natural Resources &   Economic Development; April 3, 2017, reported adversely, with   favorable Committee Substitute by the following vote:  Yeas 9,   Nays 0; April 3, 2017, sent to printer.)Click here to see the committee vote     COMMITTEE SUBSTITUTE FOR S.B. No. 208 By:  Hinojosa     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 Subdivision (6-b) to read   as follows:                (6-a)  "Explosive device" means a device or material   that contains explosive powder, primer, fluid, or gas or a   detonator. The term does not include:                      (A)  a device that is designed, made, or adapted   for delivering or shooting ammunition of .50 caliber or less and   that is purchased for personal or security reasons recognized under   state or federal law;                      (B)  a component of a motor vehicle or mechanical   equipment, including equipment that is used in the exploration or   production of minerals;                      (C)  any type of compressed cylinder that is   commonly used in a residence or commercial business; or                      (D)  any type of scrap metal that is routinely   purchased in the metal recycling industry and that is not   associated with military weaponry.                (6-b)  "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 1956.003(c), Occupations Code, is   amended to read as follows:          (c)  A county, municipality, or political subdivision of   this state that issues a license or permit to a business as   authorized under Subsection (b) shall submit to the department in   the manner required by the department information on each business   that is issued a license or permit, including inspection reports   for the business, information regarding violations of this chapter   by the business, and information regarding disciplinary actions   initiated against the business.          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 the entity's possession of an explosive device unknowingly   purchased or otherwise obtained by the entity not later than the   close of business on the entity's first working day after the date   the possession of the device is discovered.  A metal recycling   entity may also report to an appropriate law enforcement authority   or the nearest military installation the possession of an explosive   device that the entity unknowingly purchased or otherwise obtained   so that the explosive device may be removed from the entity or   disposed of as soon as possible.          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 an explosive device to a metal recycling entity.          (c-2)  A metal recycling entity commits an offense if the   entity knowingly buys an explosive device.          (c-3)  Except as provided by Subsection (c-5), an offense   under Subsection (c-1) or (c-2) is a Class A misdemeanor.          (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 device. Except as provided by Subsection   (c-5), an offense under this subsection is a Class A misdemeanor.     For purposes of this subsection, a metal recycling entity is   considered to store an explosive device on the entity's premises   beginning not earlier than 72 hours after the time a person presents   the explosive device to the entity for sale or an attempted sale and   ending at the time the entity reports the presence of the explosive   device on the entity's premises to the department. A metal   recycling entity is not liable under this section for the time it   takes for the department, a law enforcement agency, or a military   installation to respond to the entity's report that the entity   possesses an explosive device.          (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 device.          (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.     * * * * *