The purpose of this division is to discourage an increasingly prolific and socially deplorable business activity of dealing in stolen property by requiring, among other regulations, the purchaser of certain regulated property to maintain a record identifying the authorized vendor or to record and maintain a reliable form of identification of the seller, if the seller is other than a manufacturer or authorized vendor. This division will provide law enforcement with additional measures to prevent transactions in stolen property.
[Ord. No. 1377-18, § 1, 12-10-2018]
The following words, terms and phrases when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Authorized vendor
means a commercial supplier who deals in the wholesale distribution of regulated property in the ordinary course of business.
Business day
means any calendar day during which the person who purchases regulated property has the business open and is conducting business with the public.
Business machine
means a machine, such as, but not limited to, a typewriter, computer, printer, adding machine, checkwriting device, cash register, calculator, addressing machine, letter sorting or folding device, and any item of recording, copying or accounting equipment. The term does not include office furniture or fixtures.
Crafted precious metals
means jewelry, silverware, art objects, or any other thing or object crafted, in whole or in part, from gold, silver, platinum, palladium, iridium, rhodium, osmium, ruthenium or their alloys, or scrap or a broken item selling at five percent or more than the scrap value of the item, but does not include coins, bullion or bars of such metals.
Dealer
means any person who:
(1) 
Purchases regulated property for resale or salvage use; and
(2) 
Obtains more than 25 percent of the value of the person's total inventory of regulated property from a source other than an authorized vendor or manufacturer.
Electronic equipment
means any electrical device including, but not limited to, a radio, television, video recorder, home computer, accessories for home computer, video camera, stereo, video gaming console, video game console accessory, or digital media player.
Electronic storage device
means any digital or non-digital media storage device, including but not limited to, a compact disk containing music, a compact disk containing a movie or movies, video game, tape, record or USB storage device.
Household appliance
means any appliance commonly used for household functions, including but not limited to, a refrigerator, freezer, washing machine, dryer, stove, microwave oven, dishwasher, or trash compactor.
Jewelry
means gems, jewels, and objects made of precious metals that are worn for adornment, including, but not limited to, stones removed from a mounting.
Lawn maintenance equipment
means equipment that is generally used to maintain property, including, but not limited to, a push lawn mower, self-propelled lawn mower, leaf blower, leaf vacuum, or weed eater.
Person
means an individual, corporation, partnership, joint venture, trust, association, and any other legal entity.
Personal identification certificate
means a certificate issued by the Texas Department of Public Safety under Tex. Tax Trans. Code § 521.101.
Power tool
means a tool powered by electrical or AC/DC current or by liquid or gaseous fuel, including, but not limited to, pneumatic equipment and welding equipment.
Purchase
means a transaction in which a person takes title to regulated property in exchange for valuable consideration.
Regulated property
includes, but is not limited to, new or used:
(1) 
Electronic equipment;
(2) 
Business machines;
(3) 
Cameras, video and photographic equipment;
(4) 
Power tools;
(5) 
Musical instruments;
(6) 
Firearms, as defined by state law;
(7) 
Jewelry;
(8) 
Crafted precious metals;
(9) 
Computers, radios, telecommunications equipment;
(10) 
Electronic storage devices;
(11) 
Lawn maintenance equipment; or
(12) 
Household appliances.
[Ord. No. 1377-18, § 1, 12-10-2018]
In addition to any other requirements found in this Code or state law, a person who purchases regulated property for the purpose of resale or salvage shall comply with the following requirements:
(1) 
Keep an itemized sales record or report which identifies the manufacturer or authorized vendor from which each item of regulated property was purchased and a description of the regulated property purchased, including the make, model, serial number, color and size; or
(2) 
If the regulated property is purchased from other than a manufacturer or authorized vendor, the person shall:
a. 
At the time of purchase, record in a legible manner, the time and date of purchase, the name, sex, race, date of birth, weight, height, address, drivers license number or personal identification certificate number of the seller, a description of the property purchased, including the make, model, manufacturer, serial number, color and size, and the price paid or other consideration exchanged for the property purchased;
b. 
At the time of purchase determine that the photograph on the drivers license or personal identification certificate is a photograph of the seller;
c. 
Retain possession of the regulated property purchased and withhold the regulated property from resale or salvage for a period of 20 business days following the date of purchase;
d. 
Make the purchased regulated property available for inspection by any peace officer during regular business hours while the regulated property is in the person's possession;
e. 
Cause each item of purchased regulated property and any container thereof to be kept intact, and have written or stamped in a conspicuous place either on the container thereof or, if no container, on a tag attached thereon, the serial number of the sales record required in subsection (1) above, and this subsection (2) which number shall at all times be kept plain and legible;
f. 
Cause each item of purchased regulated property not equipped with a visible manufacturer serial number to be digitally photographed in its original condition at the time of the transaction. The photograph must be of such quality and detail to preserve a digital description of the regulated property including any unique characteristics or markings. All purchased crafted precious metals shall be digitally photographed in accordance with this subsection.
(3) 
Preserve and maintain at the person's place of business the records, reports and information required by subsections (1) and (2) above for a period of two years following the date of purchase or until the regulated property is sold, whichever occurs later.
(4) 
Regulated property purchase records required by this section shall be electronically reported in a digital format within 48 hours of the transaction date to the Richland Hills Police Department in a manner as specified by the chief of police.
[Ord. No. 1377-18, § 1, 12-10-2018]
A person who purchases regulated property for the purpose of resale or salvage shall allow any peace officer during regular business hours to inspect the person's records and reports that relate to the regulated property and shall provide the records or reports required by subsections (1) or (2) of section 18-253 of this division immediately upon request at a reasonable time by a peace officer.
[Ord. No. 1377-18, § 1, 12-10-2018]
This division shall not apply to:
(1) 
Automobile dealerships;
(2) 
The sale of aluminum cans;
(3) 
Charitable or eleemosynary organizations;
(4) 
Used or secondhand clothing businesses;
(5) 
Garage sales;
(6) 
Pawnbrokers, pawnshops, or other businesses licensed under the Texas Pawnshop Act (V.T.C.A., Finance Code § 371.001 et seq.); except that a pawnbroker, pawnshop, or other business licensed under the Texas Pawnshop Act shall electronically report all transactions in a digital format within 48 hours of the transaction date to the Richland Hills Police Department in a manner as specified by the chief of police.
[Ord. No. 1377-18, § 1, 12-10-2018]
(a) 
A person commits an offense if the person:
(1) 
Violates or fails to comply with any provision of this division;
(2) 
Fails to retain possession of regulated property and withhold the regulated property from resale or salvage for a period of 20 business days following the date of purchase;
(3) 
Offers for sale or sells regulated property previously purchased for resale or salvage for which the person does not have:
a. 
A sales record identifying the manufacturer or authorized vendor from which it was purchased and a description of the property purchased, including the make, model, serial number, color and size;
b. 
A record of the name, sex, race, date of birth, weight, height, address and drivers license or personal identification certificate number of the seller from whom the person purchased the regulated property and the price paid or other consideration, exchanged for the regulated property purchased or paid;
c. 
A record of the name, sex, race, date of birth, weight, height, address and drivers license or personal identification number of the purchaser and the price paid or other consideration paid or exchanged for the regulated property; and
d. 
A digital photograph depicting the original condition of the non-serialized regulated property or crafted precious metal at the time of the transaction of such quality and detail as to preserve a digital description of the regulated property including any unique characteristics or markings.
(4) 
Fails or refuses to produce for examination and inspection by a peace officer:
a. 
The records required by subsections (1) or (2) of section 18-253 of this division with respect to a particular item of regulated property, when requested to do so at a reasonable time by the peace officer; or
b. 
The regulated property to which the records required by subsections (1) or (2) of section 18-253 of this division relate, when requested to do so at a reasonable time by the peace officer.
(5) 
Purchases for resale, offers for sale, or sells regulated property which has had the manufacturer's identification number or any other identifying mark removed, defaced or altered.
(6) 
Purchases or receives an item of property sealed or with its original packaging unopened unless the person conveying such item presents a receipt or proof of purchase for the item.
(7) 
Purchases regulated property from a minor, meaning a person under the age of 18 years, unless the minor's parent or guardian shall state in writing that such transaction is taking place with the parent or guardian's full knowledge and consent. This statement shall be maintained on file for one year from the date of purchase.
(b) 
An offense under this chapter is punishable by a fine of not less than $100.00 or more than $500.00, and a violation constitutes a separate offense for each item of regulated property involved.
[Ord. No. 1377-18, § 1, 12-10-2018]