Bill: SB 208, 85(R) - 2017
Committee
Senate Natural Resources & Economic Development
Vote Recommendation
| Vote Recommendation |
Economic Freedom |
Property Rights |
Personal Responsibility |
Limited Government |
Individual Liberty |
| Neutral |
Neutral |
Neutral |
Neutral |
Neutral |
Neutral |
Author(s)
Royce West
Bill Caption
Relating to the regulation of metal recycling entities; providing
an administrative penalty; creating a criminal offense.
Fiscal Notes
No significant fiscal implication to the State is anticipated.
Bill Analysis
Under current law, there are no buying or selling regulations on metal recycling entities with respect to explosive devices. SB 208 would make it a criminal offense, subject to prosecution, if a person knowingly sells or a metal recycling entity knowingly buys (or stores) an explosive device. In cases of explosive devices, the offense would be considered a Class A misdemeanor. In cases where harm is inflicted, the offense would be a second-degree felony. This bill would also expand the violations for which the Public Safety Commission may impose an administrative fine as well as increase the amount of those fines, up to $10,000.
Vote Recommendation Notes
The committee substitute to SB 208 is much improved over the original filed version which was overly broad and would have earned an oppose from our organization. The committee substitute is more narrowly tailored.
While it is an expansion of government to prohibit the sale of unexploded munitions, the state does have a legitimate interest in ensuring that those materials, which may have been scrounged from a former military testing range, do not end up in a position to do serious damage. The threshold for conviction is appropriately high by requiring that a party to such a transaction knowingly presented for sale or purchased an explosive device. For these reasons we remain neutral on SB 208.
Organizations Supporting
City of Fort Worth
Recycling Council of Texas
