reglab/housing_qa huggingface dataset:
TX Occ Code § 1956.041 (2021)
2021 Texas Statutes|Occupations Code|Title 12 - Practices and Trades Related to Water, Health, and Safety|Subtitle B - Practices Related to Health and Safety|Chapter 1956 - Metal Recycling Entities|Subchapter A. -3. Practice by Certificate Holders|Section 1956.041. Administrative Penalty

Sec. 1956.041.  ADMINISTRATIVE PENALTY.  (a)  The commission, after notice and an opportunity for a hearing, may impose an administrative penalty on a person who:(1)  violates this subchapter or Subchapter A-2 or a rule or order of the commission under this chapter; or(2)  engages in conduct that would constitute an offense under Section 1956.040(c-2) or (c-4).(b)  Except as provided by Subsection (b-1), the amount of the administrative penalty may not exceed $1,000.  Each day a violation occurs or continues to occur is a separate violation for the purpose of imposing a penalty under this section.  In determining the amount of the administrative penalty under this section, the commission shall consider:(1)  the seriousness of the violation, including the nature, circumstances, extent, and gravity of the violation;(2)  the economic harm caused by the violation;(3)  the history of previous violations;(4)  the amount necessary to deter a future violation;(5)  efforts to correct the violation; and(6)  any other matter that justice may require.(b-1)  The amount of an administrative penalty for engaging in conduct described by Subsection (a)(2) or for a violation of Section 1956.036(f) may not exceed $1,000 for each violation.  The aggregate penalty under this subsection for multiple violations may not exceed $10,000.(b-2)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 3.010(2), eff. September 1, 2019.(c)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 3.010(2), eff. September 1, 2019.(d)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 3.010(2), eff. September 1, 2019.(e)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 3.010(2), eff. September 1, 2019.(f)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 3.010(2), eff. September 1, 2019.|Added by Acts 2015, 84th Leg., R.S., Ch. 1065 (H.B. 2187), Sec. 8, eff. September 1, 2015.Amended by: Acts 2017, 85th Leg., R.S., Ch. 191 (S.B. 208), Sec. 5, eff. September 1, 2017.Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 3.010(2), eff. September 1, 2019.|
TX Occ Code § 1956.051 (2021)
2021 Texas Statutes|Occupations Code|Title 12 - Practices and Trades Related to Water, Health, and Safety|Subtitle B - Practices Related to Health and Safety|Chapter 1956 - Metal Recycling Entities|Subchapter B. Sale of Crafted Precious Metal to Dealers|Section 1956.051. Definitions

Sec. 1956.051.  DEFINITIONS.  In this subchapter:(1)  "Commission" means the Finance Commission of Texas.(2)  "Commissioner" means the consumer credit commissioner.(3)  "Crafted precious metal" means jewelry, silverware, an art object, or another object, made wholly or partly from precious metal and used primarily for personal, family, or household purchases.  The term does not include:(A)  a coin;(B)  a bar;(C)  a commemorative medallion;(D)  an item selling at 105 percent or more of the scrap value of the item; (E)  an item made wholly or partly from precious metal and used for a dental, pharmaceutical, or medical application; or(F)  an item made wholly or partly from precious metal extracted, recovered, or salvaged from an industrial by-product or industrial waste product.(4)  "Dealer" means a person registered to engage in the business of purchasing and selling crafted precious metal, including purchases or sales made through the mail.(5)  "Department" means the Texas Department of Public Safety.(5-a)  "Jewelry store" means a retail establishment that derives 75 percent or more of its annual revenue from the sale to consumers of crafted precious metal or other items of personal adornment, including watches, bracelets, necklaces, brooches, rings, and earrings.(6)  "Precious metal" means gold, silver, platinum, palladium, iridium, rhodium, osmium, ruthenium, or an alloy of those metals.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1298 (H.B. 2490), Sec. 1, eff. September 1, 2011.Acts 2021, 87th Leg., R.S., Ch. 604 (S.B. 1132), Sec. 1, eff. September 1, 2021.|
TX Occ Code § 1956.0511 (2021)
2021 Texas Statutes|Occupations Code|Title 12 - Practices and Trades Related to Water, Health, and Safety|Subtitle B - Practices Related to Health and Safety|Chapter 1956 - Metal Recycling Entities|Subchapter B. Sale of Crafted Precious Metal to Dealers|Section 1956.0511. Administration by Commission

Sec. 1956.0511.  ADMINISTRATION BY COMMISSION.  (a)  Notwithstanding any other provision of this chapter, the commission shall administer and enforce this subchapter, unless the context clearly requires another state agency to perform a specific duty.(b)  To the extent of any conflict between this subchapter and other provisions of this chapter, this subchapter prevails.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1298 (H.B. 2490), Sec. 2, eff. September 1, 2011.|
TX Occ Code § 1956.055 (2021)
2021 Texas Statutes|Occupations Code|Title 12 - Practices and Trades Related to Water, Health, and Safety|Subtitle B - Practices Related to Health and Safety|Chapter 1956 - Metal Recycling Entities|Subchapter B. Sale of Crafted Precious Metal to Dealers|Section 1956.055. Exception: Crafted Precious Metal Acquired From Another Dealer Who Previously Made Required Reports

Sec. 1956.055.  EXCEPTION:  CRAFTED PRECIOUS METAL ACQUIRED FROM ANOTHER DEALER WHO PREVIOUSLY MADE REQUIRED REPORTS.  This subchapter does not apply to crafted precious metal acquired in good faith in a transaction involving the stock-in-trade of another dealer who previously made the reports concerning that metal as required by this subchapter if:(1)  the selling dealer delivers to the acquiring dealer a written document stating that the reports have been made;(2)  the acquiring dealer submits a copy of the statement to the chief of police of the municipality or the sheriff of the county in which the selling dealer is located;  and(3)  each dealer involved in the transaction retains a copy of the statement until the third anniversary of the date of the transaction.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.|
TX Occ Code § 1956.056 (2021)
2021 Texas Statutes|Occupations Code|Title 12 - Practices and Trades Related to Water, Health, and Safety|Subtitle B - Practices Related to Health and Safety|Chapter 1956 - Metal Recycling Entities|Subchapter B. Sale of Crafted Precious Metal to Dealers|Section 1956.056. Exception: Crafted Precious Metal Acquired in Dissolution or Liquidation Sale

Sec. 1956.056.  EXCEPTION:  CRAFTED PRECIOUS METAL ACQUIRED IN DISSOLUTION OR LIQUIDATION SALE.  This subchapter does not apply to crafted precious metal acquired in a nonjudicial sale, transfer, assignment, assignment for the benefit of creditors, or consignment of the assets or stock-in-trade, in bulk, or a substantial part of those assets, of an industrial or commercial enterprise, other than a dealer, for the voluntary dissolution or liquidation of the seller's business, or for disposing of an excessive quantity of personal property, or property that has been acquired in a nonjudicial sale or transfer from an owner other than a dealer, the seller's entire household of personal property, or a substantial part of that property, if the dealer:(1)  gives written notice to the chief of police of the municipality or the sheriff of the county in which the dealer's business is located that a reporting exemption is being claimed under this section;(2)  retains in the dealer's place of business, until the third anniversary of the date of the transaction, a copy of the bill of sale, receipt, inventory list, or other transfer document;  and(3)  makes the record retained available for inspection by a peace officer.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.|
TX Occ Code § 1956.057 (2021)
2021 Texas Statutes|Occupations Code|Title 12 - Practices and Trades Related to Water, Health, and Safety|Subtitle B - Practices Related to Health and Safety|Chapter 1956 - Metal Recycling Entities|Subchapter B. Sale of Crafted Precious Metal to Dealers|Section 1956.057. Exception: Crafted Precious Metal Acquired in Judicial Sale

Sec. 1956.057.  EXCEPTION:  CRAFTED PRECIOUS METAL ACQUIRED IN JUDICIAL SALE.  This subchapter does not apply to crafted precious metal acquired in a sale made:(1)  by any public officer in the officer's official capacity as a trustee in bankruptcy, executor, administrator, receiver, or public official acting under judicial process or authority;  or(2)  on the execution of, or by virtue of, any process issued by a court.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.|
TX Occ Code § 1956.058 (2021)
2021 Texas Statutes|Occupations Code|Title 12 - Practices and Trades Related to Water, Health, and Safety|Subtitle B - Practices Related to Health and Safety|Chapter 1956 - Metal Recycling Entities|Subchapter B. Sale of Crafted Precious Metal to Dealers|Section 1956.058. Exception: Crafted Precious Metal Acquired as Payment for Other Crafted Precious Metal by Person in Business of Selling to Consumers

Sec. 1956.058.  EXCEPTION:  CRAFTED PRECIOUS METAL ACQUIRED AS PAYMENT FOR OTHER CRAFTED PRECIOUS METAL BY PERSON IN BUSINESS OF SELLING TO CONSUMERS.  This subchapter does not apply to crafted precious metal acquired in good faith as part or complete payment for other crafted precious metal by a person whose principal business is primarily that of selling directly to the consumer crafted precious metal that has not been subject to a prior sale.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.|
TX Occ Code § 1956.059 (2021)
2021 Texas Statutes|Occupations Code|Title 12 - Practices and Trades Related to Water, Health, and Safety|Subtitle B - Practices Related to Health and Safety|Chapter 1956 - Metal Recycling Entities|Subchapter B. Sale of Crafted Precious Metal to Dealers|Section 1956.059. Exception: Crafted Precious Metal Acquired From or Reported to Governmental Agency

Sec. 1956.059.  EXCEPTION:  CRAFTED PRECIOUS METAL ACQUIRED FROM OR REPORTED TO GOVERNMENTAL AGENCY.  This subchapter does not apply to crafted precious metal:(1)  acquired as surplus property from the United States, a state, a subdivision of a state, or a municipal corporation;  or(2)  reported by a dealer as an acquisition or a purchase, or reported as destroyed or otherwise disposed of, to:(A)  a state agency under another law of this state;  or(B)  a municipal or county office or agency under another law of this state or a municipal ordinance.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.|
TX Occ Code § 1956.060 (2021)
2021 Texas Statutes|Occupations Code|Title 12 - Practices and Trades Related to Water, Health, and Safety|Subtitle B - Practices Related to Health and Safety|Chapter 1956 - Metal Recycling Entities|Subchapter B. Sale of Crafted Precious Metal to Dealers|Section 1956.060. Exception: Crafted Precious Metal Acquired by Person Licensed Under Texas Pawnshop Act

Sec. 1956.060.  EXCEPTION:  CRAFTED PRECIOUS METAL ACQUIRED BY PERSON LICENSED UNDER TEXAS PAWNSHOP ACT.  This subchapter does not apply to crafted precious metal acquired by:(1)  a person licensed under Chapter 371, Finance Code; or(2)  an entity affiliated with a person licensed under Chapter 371, Finance Code, if the entity's recordkeeping practices satisfy the requirements of that chapter.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1298 (H.B. 2490), Sec. 3, eff. September 1, 2011.|
TX Occ Code § 1956.061 (2021)
2021 Texas Statutes|Occupations Code|Title 12 - Practices and Trades Related to Water, Health, and Safety|Subtitle B - Practices Related to Health and Safety|Chapter 1956 - Metal Recycling Entities|Subchapter B. Sale of Crafted Precious Metal to Dealers|Section 1956.061. Effect on Other Laws and Ordinances

Sec. 1956.061.  EFFECT ON OTHER LAWS AND ORDINANCES.  This subchapter does not:(1)  excuse noncompliance with another state law or municipal ordinance covering the reporting, holding, or releasing of crafted precious metal;(2)  prohibit a municipality from enacting, amending, or enforcing an ordinance relating to a dealer;  or(3)  supersede a municipal ordinance except to the extent the ordinance does not require reporting for transactions involving crafted precious metal.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.|
TX Occ Code § 1956.0611 (2021)
2021 Texas Statutes|Occupations Code|Title 12 - Practices and Trades Related to Water, Health, and Safety|Subtitle B - Practices Related to Health and Safety|Chapter 1956 - Metal Recycling Entities|Subchapter B. Sale of Crafted Precious Metal to Dealers|Section 1956.0611. Rulemaking

Sec. 1956.0611.  RULEMAKING.  The commission may adopt rules necessary to implement and enforce this subchapter.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1298 (H.B. 2490), Sec. 4, eff. September 1, 2011.|
TX Occ Code § 1956.0612 (2021)
2021 Texas Statutes|Occupations Code|Title 12 - Practices and Trades Related to Water, Health, and Safety|Subtitle B - Practices Related to Health and Safety|Chapter 1956 - Metal Recycling Entities|Subchapter B. Sale of Crafted Precious Metal to Dealers|Section 1956.0612. Registration as Dealer

Sec. 1956.0612.  REGISTRATION AS DEALER.  (a) A person may not engage in the business of purchasing and selling crafted precious metal unless the person is registered with the commissioner as a dealer under this section.(b)  To register as a dealer, a person must provide to the commissioner:(1)  a list of each location in this state at which the person will conduct business as a dealer; and(2)  a processing fee for each location included on the list furnished under Subdivision (1).(b-1)  A registration issued under this section is valid for the period prescribed by commission rule adopted under Section 14.112, Finance Code.(c)  The commissioner shall prescribe the processing fee in an amount necessary to cover the costs of administering this subchapter.(d)  The commission by rule shall establish a deadline for the submission of the information and fee required by Subsection (b) for initial issuance and renewal of registrations under this section.(d-1)  After the applicable deadline for initial or renewal registrations, a dealer may amend the registration required under Subsection (a) to reflect any change in the information provided by the registration.(e)  The commissioner shall make available to the public a list of dealers registered under this section.(f)  The commissioner may prescribe the registration form.(g)  A reference to a registration in another subchapter of this chapter does not apply to a person to the extent the person is registered under this subchapter.(h)  The commissioner may refuse to renew the registration of a person who fails to comply with an order issued by the commissioner to enforce this chapter.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1298 (H.B. 2490), Sec. 4, eff. January 1, 2012.Amended by: Acts 2019, 86th Leg., R.S., Ch. 767 (H.B. 1442), Sec. 92, eff. September 1, 2019.Acts 2021, 87th Leg., R.S., Ch. 604 (S.B. 1132), Sec. 2, eff. September 1, 2021.|
TX Occ Code § 1956.0613 (2021)
2021 Texas Statutes|Occupations Code|Title 12 - Practices and Trades Related to Water, Health, and Safety|Subtitle B - Practices Related to Health and Safety|Chapter 1956 - Metal Recycling Entities|Subchapter B. Sale of Crafted Precious Metal to Dealers|Section 1956.0613. Investigation by Commissioner

Sec. 1956.0613.  INVESTIGATION BY COMMISSIONER.  The commissioner shall:(1)  monitor the operations of a dealer to ensure compliance with this subchapter; and(2)  receive and investigate complaints against a dealer or a person acting as a dealer.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1298 (H.B. 2490), Sec. 4, eff. September 1, 2011.Amended by: Acts 2021, 87th Leg., R.S., Ch. 604 (S.B. 1132), Sec. 3, eff. September 1, 2021.|
TX Occ Code § 1956.06131 (2021)
2021 Texas Statutes|Occupations Code|Title 12 - Practices and Trades Related to Water, Health, and Safety|Subtitle B - Practices Related to Health and Safety|Chapter 1956 - Metal Recycling Entities|Subchapter B. Sale of Crafted Precious Metal to Dealers|Section 1956.06131. Examination by Commissioner

Sec. 1956.06131.  EXAMINATION BY COMMISSIONER.  (a)  At the times the commissioner considers necessary, the commissioner or the commissioner's representative may:(1)  examine each place of business of each dealer; and(2)  investigate the dealer's transactions and records, including books, accounts, papers, and correspondence, to the extent the transactions and records pertain to the business regulated under this subchapter.(b)  A dealer shall:(1)  give the commissioner or the commissioner's representative free access to the dealer's office, place of business, files, safes, and vaults; and(2)  allow the commissioner or the representative to make a copy of an item that may be investigated under Subsection (a)(2).(c)  The commissioner or the commissioner's representative shall examine under Subsection (a) at least 10 dealers each calendar year.(d)  This section does not apply with respect to a jewelry store.|Added by Acts 2021, 87th Leg., R.S., Ch. 604 (S.B. 1132), Sec. 4, eff. January 1, 2022.|
TX Occ Code § 1956.0614 (2021)
2021 Texas Statutes|Occupations Code|Title 12 - Practices and Trades Related to Water, Health, and Safety|Subtitle B - Practices Related to Health and Safety|Chapter 1956 - Metal Recycling Entities|Subchapter B. Sale of Crafted Precious Metal to Dealers|Section 1956.0614. Revocation of Registration

Sec. 1956.0614.  REVOCATION OF REGISTRATION.  (a)  The commissioner may revoke the registration of a dealer if the commissioner concludes that the dealer has violated this chapter or an order issued by the commissioner to enforce this chapter.  The commissioner shall recite the basis of the decision in an order revoking the registration.(b)  If the commissioner proposes to revoke a registration, the dealer is entitled to a hearing before the commissioner or a hearings officer, who shall propose a decision to the commissioner.  The commissioner or hearings officer shall prescribe the time and place of the hearing.  The hearing is governed by Chapter 2001, Government Code.(c)  A dealer aggrieved by a ruling, order, or decision of the commissioner is entitled to appeal to a district court in the county in which the hearing was held.  An appeal under this subsection is governed by Chapter 2001, Government Code.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1298 (H.B. 2490), Sec. 4, eff. September 1, 2011.Amended by: Acts 2019, 86th Leg., R.S., Ch. 767 (H.B. 1442), Sec. 93, eff. September 1, 2019.|
TX Occ Code § 1956.0615 (2021)
2021 Texas Statutes|Occupations Code|Title 12 - Practices and Trades Related to Water, Health, and Safety|Subtitle B - Practices Related to Health and Safety|Chapter 1956 - Metal Recycling Entities|Subchapter B. Sale of Crafted Precious Metal to Dealers|Section 1956.0615. Administrative Penalty

Sec. 1956.0615.  ADMINISTRATIVE PENALTY.  The commissioner may assess an administrative penalty not to exceed $500 against a person for each knowing and wilful violation of this chapter.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1298 (H.B. 2490), Sec. 4, eff. September 1, 2011.|
TX Occ Code § 1956.0616 (2021)
2021 Texas Statutes|Occupations Code|Title 12 - Practices and Trades Related to Water, Health, and Safety|Subtitle B - Practices Related to Health and Safety|Chapter 1956 - Metal Recycling Entities|Subchapter B. Sale of Crafted Precious Metal to Dealers|Section 1956.0616. Notice of Enforcement Order

Sec. 1956.0616.  NOTICE OF ENFORCEMENT ORDER.  (a)  As soon as practicable after an enforcement order against a dealer for a violation of this subchapter becomes final, including an order assessing an administrative penalty or an order to pay restitution under Section 14.251(b)(3), Finance Code, the commissioner shall provide notice of the order to:(1)  the chief of police of the municipality in which the violation occurred; or(2)  the sheriff of the county in which the violation occurred, if the violation did not occur in a municipality.(b)  The notice must include:(1)  a copy of the enforcement order;(2)  the information on complaint procedures described by Section 14.062(b), Finance Code; and(3)  any other information the commissioner considers necessary or proper to the enforcement of this subchapter.|Added by Acts 2021, 87th Leg., R.S., Ch. 604 (S.B. 1132), Sec. 5, eff. September 1, 2021.|
TX Occ Code § 1956.062 (2021)
2021 Texas Statutes|Occupations Code|Title 12 - Practices and Trades Related to Water, Health, and Safety|Subtitle B - Practices Related to Health and Safety|Chapter 1956 - Metal Recycling Entities|Subchapter B. Sale of Crafted Precious Metal to Dealers|Section 1956.062. Report of Purchase Required

Sec. 1956.062.  REPORT OF PURCHASE REQUIRED.  (a)  A dealer shall, as required by Section 1956.063, report all identifiable crafted precious metal that the dealer purchases, takes in trade, accepts for sale on consignment, or accepts for auction.(b)  Before crafted precious metal is offered for sale or exchange, a dealer must notify each person intending to sell or exchange the metal that, before the dealer may accept any of the person's property, the person must file with the dealer a list describing all of the person's crafted precious metal to be accepted by the dealer.  The list must contain:(1)  the proposed seller's name and address;(2)  a complete and accurate description of the crafted precious metal;  and(3)  the proposed seller's certification that the information is true and complete.(c)  The dealer shall record the proposed seller's driver's license number or department personal identification certificate number on physical presentation of the license or personal identification certificate by the seller.  The record must accompany the list.(d)  The dealer shall:(1)  provide to a peace officer, on demand, the list required by Subsection (b);  and(2)  mail or deliver a complete copy of the list to the chief of police or the sheriff as provided by Section 1956.063 not later than 48 hours after the list is filed with the dealer.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.|