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HB 2187, if passed, would make a number of changes to the
Occupation code regarding the metal recycling regime. A number of sections
would be amended. These include Section 1956.001 expanding definitions, namely
for “copper-brass” materials, and “lead material” and Section 1956.033
enlarging the reporting requirements to include additional documentation
requirements.
Most notable is Section 1956.002. Here the bill would make two changes. One procedural change would be to enlarge the number of committee members on the advisory committee from twelve to fifteen, and introduce specific requirements for these new committee members.
More substantive is the
enlargement of the exemption to include telecommunications providers, as they
are defined in code. The bill would "exempt from statutory provisions regulating
metal recycling entities a purchase of regulated material from a telecommunications provider, a
cable service provider, and a video service provider, as defined by specified statutory provisions."
HB 2187 also makes some other modifications, particularly by
adding a new section (1956.0381) which regards payments made by metal recycling
entities, and new section (1956.041) which introduces an administrative penalty
for violations.
Ultimately, this legislation is designed to address the growing issue of copper theft in Texas. Copper thieves will break into facilities to steal as much copper as possible and then sell it to recyclers for far beyond market value. While residential homes and and a variety of businesses can be victims of this crime, telecommunications providers tend to be the primary victims because of the vast amount of copper used in their industry.
Considering the context of the issue this legislation seeks to address, and balancing the fact that this bill would add some regulation and remove other regulation, we are neutral on HB 2187.