2019 Texas Statutes
Business and Commerce Code
Title 6 - Sale or Transfer of Goods
Chapter 204 - Sale of Returnable Container
Section 204.002. Requirements Applicable to Sale of Returnable Container
Sec. 204.002. REQUIREMENTS APPLICABLE TO SALE OF RETURNABLE CONTAINER. (a) A person who is in the business of recycling, shredding, or destroying returnable containers, before purchasing five or more returnable 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:
(A) 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; or
(B) in a manner determined by the purchaser that the individual is acting on behalf of a corporation, business, government, or governmental subdivision or agency.
(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 is in the business of recycling, shredding, or destroying returnable containers and who purchases a returnable container from an individual, unless the person verifies in a manner determined by the purchaser that the individual is acting on behalf of a corporation, business, government, or governmental subdivision or agency:
(1) may not pay for the purchase of any returnable container with cash; and
(2) shall, for each transaction in which the person purchases one or more returnable containers, record the method of payment used to purchase the containers.
(d) A record made under Subsection (c)(2) shall be attached to a record made or obtained under Subsection (a) if a record is required under that subsection.
(e) A person who violates Subsection (a) or (b) is liable to this state for a civil penalty of $10,000 for each violation.
(f) A person who violates Subsection (c) is liable to this state for a civil penalty in an amount not to exceed $5,000 for each violation. Each cash transaction made in violation of Subsection (c)(1) is a separate violation for purposes of imposing a penalty under this subsection. In determining the amount of the civil penalty imposed under this subsection, the court shall consider the amount necessary to deter future violations.
Added by Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 4.005(a), eff. September 1, 2009.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 584 (S.B. 875), Sec. 1, eff. September 1, 2013.
Acts 2019, 86th Leg., R.S., Ch. 927 (H.B. 4584), Sec. 3, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 927 (H.B. 4584), Sec. 4, eff. September 1, 2019.
