2023 Texas Statutes › Occupations Code › Title 12 - Practices and Trades Related to Water, Health, and Safety › Subtitle B - Practices Related to Health and Safety › Chapter 1956 - Metal Recycling Entities › Subchapter A. -3. Practice by Certificate Holders › Section 1956.040. Criminal Penalty

Sec. 1956.040.  CRIMINAL PENALTY.  (a)  A person commits an offense if the person knowingly violates Section 1956.038. Except as otherwise provided by this subsection, an offense under this subsection is a Class A misdemeanor unless it is shown on trial of the offense that the person has previously been convicted of a violation of this subchapter, in which event the offense is a state jail felony. An offense under this subsection involving a catalytic converter is a state jail felony unless it is shown on trial of the offense that the person has previously been convicted of a violation of this subchapter involving a catalytic converter, in which event the offense is a felony of the third degree.
(a-1)  A person commits an offense if the person knowingly violates Section 1956.021, 1956.023(d), 1956.036(a), or 1956.039.
(a-2)  An offense under Subsection (a-1) is a Class A misdemeanor, except that any fine imposed may not exceed $10,000. If it is shown on trial of an offense under Subsection (a-1) that the person has previously been convicted of a violation of that subsection, the offense is a state jail felony.
(a-3)  It is an affirmative defense to prosecution of a violation of Section 1956.021 or 1956.023(d) that the person made a diligent effort to obtain or renew a certificate of registration at the time of the violation.
(a-4)  A municipality or county may retain 10 percent of the money collected from a fine for a conviction of an offense under Subsection (a-1) as a service fee for that collection and the clerk of the court shall remit the remainder of the fine collected for conviction of an offense under Subsection (a-1) to the comptroller in the manner provided for the remission of fees to the comptroller under Subchapter B, Chapter 133, Local Government Code.  The comptroller shall deposit proceeds received under this subsection to the credit of an account in the general revenue fund, and those proceeds may be appropriated only to the department and used to:
(1)  finance the department's administration of Subchapters A, A-1, A-2, and A-3; and
(2)  fund grants distributed under the prevention of scrap metal theft grant program established under Subchapter O, Chapter 411, Government Code.
(b)  A person commits an offense if the person knowingly buys:
(1)  stolen regulated material; or
(2)  insulated communications wire that has been burned wholly or partly to remove the insulation, unless the wire is accompanied by documentation acceptable under the rules adopted under Section 1956.032(h) that states that the material was salvaged from a fire.
(b-1)  Except as otherwise provided by Subsection (b-2), an offense under Subsection (b) is a Class A misdemeanor unless it is shown on trial of the offense that the person has previously been convicted under Subsection (b), in which event the offense is a state jail felony.
(b-2)  An offense under Subsection (b)(1) in which the regulated material purchased was a catalytic converter is a state jail felony unless it is shown on trial of the offense that the person has previously been convicted of an offense under Subsection (b)(1) in which the regulated material purchased was a catalytic converter, in which event the offense is a felony of the third degree.
(c)  A person commits an offense if the person knowingly sells stolen regulated material.  An offense under this subsection is a state jail felony unless it is shown on trial of the offense that the person has previously been convicted under this subsection, in which event the offense is a third degree felony.
(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)  On the conviction of a metal recycling entity for an offense punishable under Subsection (b), a court, in addition to imposing any other applicable penalty, may order that the entity cease doing business as a metal recycling entity for a period not to exceed:
(1)  30 days from the date of the order for each violation that forms the basis of the conviction for a first offense; and
(2)  180 days from the date of the order for each violation that forms the basis of the conviction if it is shown on trial of the offense that the person has previously been convicted under this section.
(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.
(e)  If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section or the other law.
Added by Acts 2007, 80th Leg., R.S., Ch. 1316 (S.B. 1154), Sec. 2, eff. September 1, 2007.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1234 (S.B. 694), Sec. 16, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.002(27), eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 864 (H.B. 555), Sec. 1, eff. September 1, 2013.
Acts 2017, 85th Leg., R.S., Ch. 191 (S.B. 208), Sec. 4, eff. September 1, 2017.
Acts 2021, 87th Leg., R.S., Ch. 1040 (H.B. 4110), Sec. 8, eff. September 1, 2021.