Sec. 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.
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