TX Occ Code § 1956.038 (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 1956.038. Prohibited Acts

Sec. 1956.038.  PROHIBITED ACTS.  (a)  A person may not, with the intent to deceive:(1)  display to a metal recycling entity a false or invalid personal identification document in connection with the person's attempted sale of regulated material;(2)  make a false, material statement or representation to a metal recycling entity in connection with:(A)  that person's execution of a written statement required by Section 1956.032(a)(3); or(B)  the entity's efforts to obtain the information required under Section 1956.033(b);(3)  display or provide to a metal recycling entity any information required under Section 1956.032 that the person knows is false or invalid; or(4)  display another individual's personal identification document in connection with the sale of regulated material.(a-1)  A metal recycling entity may only pay for a purchase of regulated material in the manner provided by Section 1956.0381.(b)  A metal recycling entity may not pay for a purchase of regulated material in cash if:(1)  the entity does not hold a certificate of registration under Subchapter A-2 and, if applicable, a license or permit required by a county, municipality, or other political subdivision as authorized under Section 1956.003(b); or(2)  the entity has been prohibited by the department from paying cash under Section 1956.036(e).(c)  Notwithstanding Section 1956.003(a) or any other law, a county, municipality, or other political subdivision may not adopt or enforce a rule, charter, or ordinance or issue an order or impose standards that limit the use of cash by a metal recycling entity in a manner more restrictive than that provided by Subsection (b).(d)  Subsection (c) does not apply to a rule, charter, ordinance, or order of a county, municipality, or other political subdivision in effect on January 1, 2011.(e)  The department or a county, municipality, or other political subdivision may bring an action in the county in which a metal recycling entity is located to enjoin the business operations of the owner or operator of the metal recycling entity for a period of not less than 30 days and not more than 90 days if the owner or operator has not submitted an application for a certificate of registration or the appropriate license or permit required by a county, municipality, or other political subdivision.(f)  An action under Subsection (e) must be brought in the name of the state.  If judgment is in favor of the state, the court shall:(1)  enjoin the owner or operator from maintaining or participating in the business of a metal recycling entity for a definite period of not less than 30 days and not more than 90 days, as determined by the court; and(2)  order that the place of business of the owner or operator be closed for the same period.|Added by Acts 2007, 80th Leg., R.S., Ch. 1316 (S.B. 1154), Sec. 2, eff. September 1, 2007.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1234 (S.B. 694), Sec. 15, eff. September 1, 2011.Acts 2015, 84th Leg., R.S., Ch. 1065 (H.B. 2187), Sec. 7, eff. September 1, 2015.|