2011 Texas Statutes
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.