State Codes and Statutes
Statutes > Texas > Business-and-commerce-code > Title-6-sale-or-transfer-of-goods > Chapter-204-sale-of-plastic-bulk-merchandise-container
BUSINESS AND COMMERCE CODE
TITLE 6. SALE OR TRANSFER OF GOODS
CHAPTER 204. SALE OF PLASTIC BULK MERCHANDISE CONTAINER
Sec. 204.001. DEFINITIONS. In this chapter:
(1) "Plastic bulk merchandise container" means a plastic crate
or shell used by a product producer, distributor, or retailer for
the bulk transportation or storage of retail containers of milk,
eggs, or bottled beverage products.
(2) "Proof of ownership" includes a bill of sale or other
evidence showing that an item has been sold to the person
possessing the item.
Added by Acts 2009, 81st Leg., R.S., Ch.
87, Sec. 4.005(a), eff. September 1, 2009.
Sec. 204.002. REQUIREMENTS APPLICABLE TO SALE OF PLASTIC BULK
MERCHANDISE CONTAINER. (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 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.
(b) A person shall retain a record obtained or made under this
chapter until the first anniversary of the later of the date the
containers are purchased or delivered.
(c) A person who violates Subsection (a) or (b) is liable to
this state for a civil penalty of $10,000 for each violation.
Added by Acts 2009, 81st Leg., R.S., Ch.
87, Sec. 4.005(a), eff. September 1, 2009.
Sec. 204.003. USE OF ARTIFICE TO AVOID APPLICABILITY OF CHAPTER
PROHIBITED. (a) A person who is in the business of recycling,
shredding, or destroying plastic bulk merchandise containers may
not use an artifice to avoid the application of Section 204.002,
including documenting purchases from the same person on the same
day as multiple transactions.
(b) A person who violates this section is liable to this state
for a civil penalty of $30,000 for each violation.
Added by Acts 2009, 81st Leg., R.S., Ch.
87, Sec. 4.005(a), eff. September 1, 2009.
Sec. 204.004. INVESTIGATIVE AND ENFORCEMENT AUTHORITY. (a) The
attorney general or appropriate prosecuting attorney may:
(1) investigate an alleged violation of this chapter; and
(2) sue to collect a civil penalty under this chapter.
(b) The attorney general or appropriate prosecuting attorney may
recover reasonable expenses, including court costs, attorney's
fees, investigative costs, witness fees, and deposition expenses,
incurred in recovering a civil penalty under this section.
Added by Acts 2009, 81st Leg., R.S., Ch.
87, Sec. 4.005(a), eff. September 1, 2009.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
430, Sec. 2, eff. September 1, 2009.
Sec. 204.005. CRIMINAL PENALTY. (a) A person who is in the
business of recycling, shredding, or destroying plastic bulk
merchandise containers who violates this chapter commits an
offense.
(b) Except as provided by Subsection (c), an offense under this
section is a Class C misdemeanor punishable by:
(1) a fine not to exceed $350, if the total purchase price of
the plastic bulk merchandise containers to which the offense
relates is less than $1,000; or
(2) a fine not to exceed $700, if the total purchase price of
the plastic bulk merchandise containers to which the offense
relates is $1,000 or more.
(c) If it is shown on the trial of an offense under this section
that the defendant has been previously convicted of an offense
under this section based on the same type of violation, the
offense is punishable by a fine not to exceed twice the maximum
amount of the fine prescribed for a first offense under this
section.
Added by Acts 2009, 81st Leg., R.S., Ch.
87, Sec. 4.005(a), eff. September 1, 2009.
Added by Acts 2009, 81st Leg., R.S., Ch.
912, Sec. 2, eff. September 1, 2009.
State Codes and Statutes
Statutes > Texas > Business-and-commerce-code > Title-6-sale-or-transfer-of-goods > Chapter-204-sale-of-plastic-bulk-merchandise-container
BUSINESS AND COMMERCE CODE
TITLE 6. SALE OR TRANSFER OF GOODS
CHAPTER 204. SALE OF PLASTIC BULK MERCHANDISE CONTAINER
Sec. 204.001. DEFINITIONS. In this chapter:
(1) "Plastic bulk merchandise container" means a plastic crate
or shell used by a product producer, distributor, or retailer for
the bulk transportation or storage of retail containers of milk,
eggs, or bottled beverage products.
(2) "Proof of ownership" includes a bill of sale or other
evidence showing that an item has been sold to the person
possessing the item.
Added by Acts 2009, 81st Leg., R.S., Ch.
87, Sec. 4.005(a), eff. September 1, 2009.
Sec. 204.002. REQUIREMENTS APPLICABLE TO SALE OF PLASTIC BULK
MERCHANDISE CONTAINER. (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 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.
(b) A person shall retain a record obtained or made under this
chapter until the first anniversary of the later of the date the
containers are purchased or delivered.
(c) A person who violates Subsection (a) or (b) is liable to
this state for a civil penalty of $10,000 for each violation.
Added by Acts 2009, 81st Leg., R.S., Ch.
87, Sec. 4.005(a), eff. September 1, 2009.
Sec. 204.003. USE OF ARTIFICE TO AVOID APPLICABILITY OF CHAPTER
PROHIBITED. (a) A person who is in the business of recycling,
shredding, or destroying plastic bulk merchandise containers may
not use an artifice to avoid the application of Section 204.002,
including documenting purchases from the same person on the same
day as multiple transactions.
(b) A person who violates this section is liable to this state
for a civil penalty of $30,000 for each violation.
Added by Acts 2009, 81st Leg., R.S., Ch.
87, Sec. 4.005(a), eff. September 1, 2009.
Sec. 204.004. INVESTIGATIVE AND ENFORCEMENT AUTHORITY. (a) The
attorney general or appropriate prosecuting attorney may:
(1) investigate an alleged violation of this chapter; and
(2) sue to collect a civil penalty under this chapter.
(b) The attorney general or appropriate prosecuting attorney may
recover reasonable expenses, including court costs, attorney's
fees, investigative costs, witness fees, and deposition expenses,
incurred in recovering a civil penalty under this section.
Added by Acts 2009, 81st Leg., R.S., Ch.
87, Sec. 4.005(a), eff. September 1, 2009.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
430, Sec. 2, eff. September 1, 2009.
Sec. 204.005. CRIMINAL PENALTY. (a) A person who is in the
business of recycling, shredding, or destroying plastic bulk
merchandise containers who violates this chapter commits an
offense.
(b) Except as provided by Subsection (c), an offense under this
section is a Class C misdemeanor punishable by:
(1) a fine not to exceed $350, if the total purchase price of
the plastic bulk merchandise containers to which the offense
relates is less than $1,000; or
(2) a fine not to exceed $700, if the total purchase price of
the plastic bulk merchandise containers to which the offense
relates is $1,000 or more.
(c) If it is shown on the trial of an offense under this section
that the defendant has been previously convicted of an offense
under this section based on the same type of violation, the
offense is punishable by a fine not to exceed twice the maximum
amount of the fine prescribed for a first offense under this
section.
Added by Acts 2009, 81st Leg., R.S., Ch.
87, Sec. 4.005(a), eff. September 1, 2009.
Added by Acts 2009, 81st Leg., R.S., Ch.
912, Sec. 2, eff. September 1, 2009.
State Codes and Statutes
Statutes >
Texas >
Business-and-commerce-code >
Title-6-sale-or-transfer-of-goods >
Chapter-204-sale-of-plastic-bulk-merchandise-container BUSINESS AND COMMERCE CODE
TITLE 6. SALE OR TRANSFER OF GOODS
CHAPTER 204. SALE OF PLASTIC BULK MERCHANDISE CONTAINER
Sec. 204.001. DEFINITIONS. In this chapter:
(1) "Plastic bulk merchandise container" means a plastic crate
or shell used by a product producer, distributor, or retailer for
the bulk transportation or storage of retail containers of milk,
eggs, or bottled beverage products.
(2) "Proof of ownership" includes a bill of sale or other
evidence showing that an item has been sold to the person
possessing the item.
Added by Acts 2009, 81st Leg., R.S., Ch.
87, Sec. 4.005(a), eff. September 1, 2009.
Sec. 204.002. REQUIREMENTS APPLICABLE TO SALE OF PLASTIC BULK
MERCHANDISE CONTAINER. (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 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.
(b) A person shall retain a record obtained or made under this
chapter until the first anniversary of the later of the date the
containers are purchased or delivered.
(c) A person who violates Subsection (a) or (b) is liable to
this state for a civil penalty of $10,000 for each violation.
Added by Acts 2009, 81st Leg., R.S., Ch.
87, Sec. 4.005(a), eff. September 1, 2009.
Sec. 204.003. USE OF ARTIFICE TO AVOID APPLICABILITY OF CHAPTER
PROHIBITED. (a) A person who is in the business of recycling,
shredding, or destroying plastic bulk merchandise containers may
not use an artifice to avoid the application of Section 204.002,
including documenting purchases from the same person on the same
day as multiple transactions.
(b) A person who violates this section is liable to this state
for a civil penalty of $30,000 for each violation.
Added by Acts 2009, 81st Leg., R.S., Ch.
87, Sec. 4.005(a), eff. September 1, 2009.
Sec. 204.004. INVESTIGATIVE AND ENFORCEMENT AUTHORITY. (a) The
attorney general or appropriate prosecuting attorney may:
(1) investigate an alleged violation of this chapter; and
(2) sue to collect a civil penalty under this chapter.
(b) The attorney general or appropriate prosecuting attorney may
recover reasonable expenses, including court costs, attorney's
fees, investigative costs, witness fees, and deposition expenses,
incurred in recovering a civil penalty under this section.
Added by Acts 2009, 81st Leg., R.S., Ch.
87, Sec. 4.005(a), eff. September 1, 2009.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
430, Sec. 2, eff. September 1, 2009.
Sec. 204.005. CRIMINAL PENALTY. (a) A person who is in the
business of recycling, shredding, or destroying plastic bulk
merchandise containers who violates this chapter commits an
offense.
(b) Except as provided by Subsection (c), an offense under this
section is a Class C misdemeanor punishable by:
(1) a fine not to exceed $350, if the total purchase price of
the plastic bulk merchandise containers to which the offense
relates is less than $1,000; or
(2) a fine not to exceed $700, if the total purchase price of
the plastic bulk merchandise containers to which the offense
relates is $1,000 or more.
(c) If it is shown on the trial of an offense under this section
that the defendant has been previously convicted of an offense
under this section based on the same type of violation, the
offense is punishable by a fine not to exceed twice the maximum
amount of the fine prescribed for a first offense under this
section.
Added by Acts 2009, 81st Leg., R.S., Ch.
87, Sec. 4.005(a), eff. September 1, 2009.
Added by Acts 2009, 81st Leg., R.S., Ch.
912, Sec. 2, eff. September 1, 2009.
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