Tex.
Bus. & Com. Code Section 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.
Source:
Section 204.002 — Requirements Applicable to Sale of Returnable Container, https://statutes.capitol.texas.gov/Docs/BC/htm/BC.204.htm#204.002 (accessed May 4, 2024).
