(a) A person commits an offense if he:
(2) takes possession of regulated property purchased for resale or salvage use for which he does not have records meeting the requirements of Section 39B-3;
(3) fails or refuses to produce for inspection by a police officer the records required by Section 39B-3, with respect to a particular item of regulated property, when requested to do so at a reasonable time by the police officer;
(4) purchases for resale or salvage use, offers for sale, or sells regulated property that has had the manufacturer’s identification number or any other identifying mark removed, defaced, or altered;
(5) purchases regulated property for resale or salvage use from a seller, other than a manufacturer or authorized vendor, who does not present a valid driver’s license, military identification card, passport, or personal identification certificate;
(6) purchases regulated property from a person under the age of 18 years; or
(7) fails or refuses to comply with a hold notice placed on regulated property pursuant to Section 39B-4 of this chapter.
(b) A culpable mental state is not required for the commission of an offense under this section unless the provision defining the conduct expressly requires a culpable mental state.
(c) In a prosecution under this chapter involving a record-keeping requirement of Section 39B-3(b), it is an affirmative defense that the regulated property involved was purchased from a manufacturer or authorized vendor.
(d) It is a defense to prosecution under this chapter that:
(1) at the time of the offense, the person had not purchased, nor purported to purchase, regulated property for resale or salvage use on more than 14 days of the calendar year in the city of Dallas;
(2) the regulated property involved was being returned for refund or trade-in purposes to the dealer who originally sold the regulated property to the seller; or
(3) the person is a pawnbroker, pawnshop, or other business licensed under the Texas Pawnshop Act (Article 5069-51.01 et seq., Vernon’s Texas Civil Statutes).
(e) An investigating police officer may inspect and copy any records required to be kept under Section 39B-3 without obtaining a court order. In the case of records required under Section 39B-3(b)(1), the officer may take possession and permanently retain the original copy of each ticket on which the required information was recorded. (Ord. Nos. 15064; 17398; 18892; 20241; 21310)