CHAPTER 204. SALE OF PLASTIC BULK MERCHANDISE CONTAINER - Texas Statutes

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.