reglab/statecodes huggingface dataset:
2023 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. General Provisions › Section 1956.002. Exception

Sec. 1956.002.  EXCEPTION.  This chapter does not apply to:
(1)  a purchase of regulated material from a public utility, a telecommunications provider as defined by Section 51.002, Utilities Code, a cable service provider as defined by Section 66.002, Utilities Code, a video service provider as defined by Section 66.002, Utilities Code, or a manufacturing, industrial, commercial, retail, or other seller that sells regulated material in the ordinary course of the seller's business;
(2)  a purchase of regulated material by a manufacturer whose primary business is the manufacture of iron and steel products made from melting scrap iron and scrap steel; or
(3)  the transport or hauling of recyclable materials to or from the metal recycling entity.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1316 (S.B. 1154), Sec. 2, eff. September 1, 2007.
Acts 2015, 84th Leg., R.S., Ch. 1065 (H.B. 2187), Sec. 2, eff. September 1, 2015.
2023 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. General Provisions › Section 1956.004. Civil Penalty

Sec. 1956.004.  CIVIL PENALTY.  (a)  A person who owns or operates a metal recycling entity and does not hold a license or permit required by a county, municipality, or other political subdivision as authorized under Section 1956.003(b) is subject to a civil penalty of not more than $1,000 for each violation.  In determining the amount of the civil penalty, the court shall consider:
(1)  any other violations by the person; and
(2)  the amount necessary to deter future violations.
(b)  A district attorney, county attorney, or municipal attorney may institute an action to collect the civil penalty provided by this section.
(c)  Each day a violation occurs or continues to occur is a separate violation.
(d)  The district attorney, county attorney, or municipal attorney may recover reasonable expenses incurred in obtaining a civil penalty under this section, including court costs, reasonable attorney's fees, investigative costs, witness fees, and deposition expenses.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1234 (S.B. 694), Sec. 4, eff. March 1, 2012.
2023 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. -1. Powers and Duties › Section 1956.011. Administration of Chapter

Sec. 1956.011.  ADMINISTRATION OF CHAPTER.  The department shall administer this chapter.
Added by Acts 2007, 80th Leg., R.S., Ch. 1316 (S.B. 1154), Sec. 2, eff. September 1, 2007.
2023 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. -1. Powers and Duties › Section 1956.012. Department Staff

Sec. 1956.012.  DEPARTMENT STAFF.  The department may employ administrative and clerical staff as necessary to carry out this chapter.
Added by Acts 2007, 80th Leg., R.S., Ch. 1316 (S.B. 1154), Sec. 2, eff. September 1, 2007.
2023 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. -1. Powers and Duties › Section 1956.013. Rules

Sec. 1956.013.  RULES.  The commission may adopt rules to administer this chapter, including rules:
(1)  establishing minimum requirements for registration under this chapter; and
(2)  adopting forms required by this chapter.
Added by Acts 2007, 80th Leg., R.S., Ch. 1316 (S.B. 1154), Sec. 2, eff. September 1, 2007.
2023 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. -1. Powers and Duties › Section 1956.014. Fees; Reports

Sec. 1956.014.  FEES; REPORTS.  (a)  The commission by rule shall prescribe fees in reasonable amounts sufficient to cover the costs of administering this chapter, including fees for:
(1)  an initial application for a certificate of registration;
(2)  issuance of a certificate of registration;
(3)  issuance of a renewal certificate of registration; and
(4)  issuance of a duplicate certificate of registration or duplicate renewal certificate of registration.
(b)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 3.010(1), eff. September 1, 2019.
(c)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 3.010(1), eff. September 1, 2019.
Added by Acts 2007, 80th Leg., R.S., Ch. 1316 (S.B. 1154), Sec. 2, eff. September 1, 2007.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 3.010(1), eff. September 1, 2019.
2023 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. -1. Powers and Duties › Section 1956.015. Statewide Electronic Reporting System

Sec. 1956.015.  STATEWIDE ELECTRONIC REPORTING SYSTEM.  (a)  The department shall establish a statewide electronic reporting system to track the sales of regulated metal reported to the department under Section 1956.036.
(b)  The department shall post a summary of the reports provided to the department under Section 1956.036 on the department's Internet website.  The summary must include by county or region the frequency with which a person presents regulated materials for sale to a metal recycling entity.  The summary may not identify any person to which the metal recycling entity sells the regulated materials.
(c)  Subsection (b) does not apply to regulated material sold by a utility company, municipality, manufacturer, railroad, cemetery, cable or satellite entity, or other business entity that routinely has access to regulated metal.
(d)  Information provided under this section is not subject to disclosure under Chapter 552, Government Code.  The department may use information provided under this section for law enforcement purposes.  Except as provided by this subsection, the department shall maintain the confidentiality of all information provided under this section, including the name of the seller, the price paid for a purchase of regulated material, and the quantity of regulated material purchased.
(e)  The department may enter into contracts relating to the operation of the statewide electronic reporting system established by this section.  A contract under this subsection must:
(1)  require that any contractor, subcontractor, or third party that has access to, comes into possession of, or otherwise obtains information provided under this section maintain the confidentiality of all information provided under this section, including the name of the seller, the price paid for a purchase of regulated material, and the quantity of regulated material purchased; and
(2)  provide that the department may terminate the contract of any contractor, subcontractor, or third party that violates the confidentiality provision required by Subdivision (1).
(f)  The department shall investigate a complaint alleging that a contractor, subcontractor, or third party has failed to maintain the confidentiality of information relating to a sale of regulated material.
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. 5, eff. September 1, 2011.
2023 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. -1. Powers and Duties › Section 1956.016. Registration Database

Sec. 1956.016.  REGISTRATION DATABASE.  The department shall make available on its Internet website a publicly accessible list of all registered metal recycling entities.  The list must contain the following for each registered metal recycling entity:
(1)  the entity's name;
(2)  the entity's physical address;
(3)  the name of and contact information for a representative of the entity; and
(4)  a description of the extent to which the entity engages in transactions involving catalytic converters based on the entity's most recent declaration submitted under Section 1956.022(a) or 1956.127, as applicable.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1234 (S.B. 694), Sec. 6, eff. September 1, 2011.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 269 (S.B. 224), Sec. 3.02, eff. May 29, 2023.
2023 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. -1. Powers and Duties › Section 1956.017. Advisory Committee

Sec. 1956.017.  ADVISORY COMMITTEE.  (a)  The department shall establish an advisory committee to advise the department on matters related to the department's regulation of metal recycling entities under this chapter.
(b)  The advisory committee consists of 15 members appointed by the director as follows:
(1)  one representative of the department;
(2)  two representatives of local law enforcement agencies located in different municipalities, each with a population of 500,000 or more;
(3)  two representatives of local law enforcement agencies located in different municipalities, each with a population of 200,000 or more but less than 500,000;
(4)  one representative of a local law enforcement agency located in a municipality with a population of less than 200,000;
(5)  five representatives of metal recycling entities, at least one of whom must have substantial business experience with transactions involving the purchase or acquisition of catalytic converters;
(6)  two members who represent industries that are impacted by theft of regulated material;
(7)  one sheriff of a county with a population of 500,000 or more; and
(8)  one sheriff of a county with a population of less than 500,000.
(c)  The director shall ensure that the members of the advisory committee reflect the diverse geographic regions of this state.
(d)  The advisory committee shall elect a presiding officer from among its members to serve a two-year term.  A member may serve more than one term as presiding officer.
(e)  The advisory committee shall meet annually and at the call of the presiding officer or the director.
(f)  An advisory committee member is not entitled to compensation or reimbursement of expenses.
(g)  Chapter 2110, Government Code, does not apply to the size, composition, or duration of the advisory committee or to the appointment of the committee's presiding officer.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1234 (S.B. 694), Sec. 6, eff. September 1, 2011.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1065 (H.B. 2187), Sec. 3, eff. September 1, 2015.
Acts 2023, 88th Leg., R.S., Ch. 269 (S.B. 224), Sec. 3.03, eff. May 29, 2023.
2023 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. -2. Certificate of Registration › Section 1956.021. Registration Required

Sec. 1956.021.  REGISTRATION REQUIRED.  A person may not act as a metal recycling entity or represent to the public that the person is a metal recycling entity unless the person is registered under this chapter.
Added by Acts 2007, 80th Leg., R.S., Ch. 1316 (S.B. 1154), Sec. 2, eff. September 1, 2007.
2023 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. -2. Certificate of Registration › Section 1956.022. Issuance of Certificate; Qualifications

Sec. 1956.022.  ISSUANCE OF CERTIFICATE; QUALIFICATIONS.  (a)  The department shall issue a certificate of registration to an applicant who:
(1)  applies and pays a registration fee;
(2)  presents any relevant evidence relating to the applicant's qualifications as required by commission rule;
(3)  submits a declaration describing the extent to which the applicant intends to engage in transactions involving catalytic converters removed from motor vehicles in the course of the applicant's business activity;
(4)  presents evidence satisfactory to the department that the applicant intends to act as a metal recycling entity and use a fixed location to wholly or partly conduct an activity described by Section 1956.001(7); and
(5)  provides the physical address of the fixed location described by Subdivision (4).
(a-1)  If the applicant's business activity involves catalytic converters removed from motor vehicles, the declaration described by Subsection (a)(3) must state:
(1)  whether the applicant will engage in a business activity described by Section 1956.001(7)(A) or (B) with respect to catalytic converters removed from motor vehicles;
(2)  whether the applicant will engage in a business activity described by Section 1956.001(7)(C) but not a business activity described by Section 1956.001(7)(A) or (B), with respect to catalytic converters removed from motor vehicles; or
(3)  that the applicant will deal only incidentally with catalytic converters removed from motor vehicles.
(a-2)  An applicant who intends to conduct an activity described by Section 1956.001(7) at more than one fixed location must complete an application and obtain a certificate of registration for each fixed location.
(b)  The commission by rule may establish qualifications for the holder of a certificate of registration under this chapter, which may include accepting copies of a license or permit issued by a county or municipality authorizing a metal recycling entity to conduct business in that county or municipality.  The qualifications may differ for a holder of a certificate of registration under this chapter based on the extent to which the person engages in transactions involving catalytic converters removed from motor vehicles as stated on the person's declaration submitted under Subsection (a).
Added by Acts 2007, 80th Leg., R.S., Ch. 1316 (S.B. 1154), Sec. 2, eff. September 1, 2007.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 269 (S.B. 224), Sec. 3.04, eff. May 29, 2023.
2023 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. -2. Certificate of Registration › Section 1956.023. Term of Certificate

Sec. 1956.023.  TERM OF CERTIFICATE.  (a)  A certificate of registration is valid for two years after the date of issuance.
(b)  The department shall adopt a system under which certificates of registration expire and are renewed on various dates.
(c)  Not later than the 45th day before the date a person's certificate of registration is scheduled to expire, the department shall send written notice of the impending expiration to the person at the person's last known address according to the records of the department.
(d)  A person whose certificate of registration has expired may not make a representation for which a certificate of registration is required under Section 1956.021 or perform collections services until the certificate has been renewed.
Added by Acts 2007, 80th Leg., R.S., Ch. 1316 (S.B. 1154), Sec. 2, eff. September 1, 2007.
2023 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. -2. Certificate of Registration › Section 1956.024. Renewal of Certificate

Sec. 1956.024.  RENEWAL OF CERTIFICATE.  (a)  To renew a certificate of registration, a person must:
(1)  submit an application for renewal in the manner prescribed by the department; and
(2)  update the person's declaration submitted under Section 1956.022(a).
(b)  A person who is otherwise eligible to renew a certificate of registration may renew an unexpired certificate by paying the required renewal fee to the department before the expiration date of the certificate.
(c)  A person whose certificate of registration has been expired for 90 days or less may renew the certificate by paying to the department a renewal fee that is equal to 1-1/2 times the normally required renewal fee.
(d)  A person whose certificate of registration has been expired for more than 90 days but less than one year may renew the certificate by paying to the department a renewal fee that is equal to two times the normally required renewal fee.
(e)  A person whose certificate of registration has been expired for one year or more may not renew the certificate.  The person may obtain a new certificate of registration by complying with the requirements and procedures, including the examination requirements, for an original certificate.
Added by Acts 2007, 80th Leg., R.S., Ch. 1316 (S.B. 1154), Sec. 2, eff. September 1, 2007.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 269 (S.B. 224), Sec. 3.05, eff. May 29, 2023.
2023 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 1956.030. Fixed Location

Sec. 1956.030.  FIXED LOCATION.  (a) A metal recycling entity shall at all times maintain a fixed location and use the fixed location to at least partly conduct an activity described by Section 1956.001(7).
(b)  A metal recycling entity shall maintain a fixed location as required by Subsection (a) for each certificate of registration held by the metal recycling entity.
Added by Acts 2023, 88th Leg., R.S., Ch. 269 (S.B. 224), Sec. 3.06, eff. July 1, 2023.
2023 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 1956.031. Notice to Sellers

Sec. 1956.031.  NOTICE TO SELLERS.  (a)  A metal recycling entity shall at all times maintain in a prominent place in the entity's place of business, in open view to a seller of regulated material, a notice in two-inch lettering that:
(1)  includes the following language:
"A PERSON ATTEMPTING TO SELL ANY REGULATED MATERIAL MUST PRESENT SUFFICIENT IDENTIFICATION AND WRITTEN PROOF OF OWNERSHIP REQUIRED BY STATE LAW."
"WARNING:  STATE LAW PROVIDES A CRIMINAL PENALTY FOR A PERSON WHO INTENTIONALLY PROVIDES A FALSE DOCUMENT OF IDENTIFICATION OR OTHER FALSE INFORMATION TO A METAL RECYCLING ENTITY WHILE ATTEMPTING TO SELL ANY REGULATED MATERIAL."; and
(2)  states the metal recycling entity's usual business hours.
(b)  The notice required by this section may be contained on a sign that contains another notice if the metal recycling entity is required to display another notice under applicable law.
Added by Acts 2007, 80th Leg., R.S., Ch. 1316 (S.B. 1154), Sec. 2, eff. September 1, 2007.
2023 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 1956.0321. Additional Requirements Regarding Purchase of Catalytic Converter

Sec. 1956.0321.  ADDITIONAL REQUIREMENTS REGARDING PURCHASE OF CATALYTIC CONVERTER.  (a)  In addition to the requirements of Section 1956.032, a person attempting to sell a catalytic converter to a metal recycling entity shall provide to the metal recycling entity:
(1)  the year, make, model, and vehicle identification number for the vehicle from which the catalytic converter was removed; and
(2)  a copy of the certificate of title or other documentation indicating that the person has an ownership interest in the vehicle described by Subdivision (1).
(b)  A metal recycling entity may not purchase a catalytic converter from a seller who does not comply with the requirements of Subsection (a).
(c)  A metal recycling entity may not purchase a catalytic converter unless the entity determines that the catalytic converter is consistent with the manufacturer's specifications for a catalytic converter from the vehicle for which the seller provided information under Subsection (a)(1).
(d)  A metal recycling entity shall mark, in the manner prescribed by the commission by rule, each catalytic converter purchased by the entity with a unique number.
(e)  A metal recycling entity shall keep an accurate electronic record or an accurate and legible written record of each purchase of a catalytic converter made in the course of the entity's business. The record must be in English and include:
(1)  the information required by Section 1956.033;
(2)  the vehicle information provided under Subsection (a)(1);
(3)  a copy of the documentation described by Subsection (a)(2); and
(4)  the unique number marked on the catalytic converter under Subsection (d).
Added by Acts 2021, 87th Leg., R.S., Ch. 1040 (H.B. 4110), Sec. 2, eff. September 1, 2021.
2023 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 1956.033. Record of Purchase

Sec. 1956.033.  RECORD OF PURCHASE.  (a)  Each metal recycling entity in this state shall keep an accurate electronic record or an accurate and legible written record of each purchase of regulated material made in the course of the entity's business from an individual.
(b)  The record must be in English and include:
(1)  the place, date, and amount of the purchase;
(2)  the name and address of the seller in possession of the regulated material purchased;
(3)  the identifying number of the seller's personal identification document;
(4)  a description made in accordance with the custom of the trade of the commodity type and quantity of regulated material purchased;
(5)  the information required by Sections 1956.032(a)(2) and (3);
(6)  as applicable:
(A)  the identifying number of the seller's air conditioning and refrigeration contractor license displayed under Section 1956.032(a)(4)(A);
(B)  a copy of the seller's air conditioning and refrigeration technician registration displayed under Section 1956.032(a)(4)(B);
(C)  a copy of the documentation described by Section 1956.032(a)(4)(C); or
(D)  a copy of the documentation described by Section 1956.032(a)(4)(D);
(7)  if applicable, a copy of the documentation described by Section 1956.032(a)(5);
(8)  a copy of the documentation described by Section 1956.032(g);
(9)  a copy of the documentation described by Section 1956.0381(b); and
(10)  if the regulated material purchased is a catalytic converter, a clear and legible thumbprint of the seller unless the seller presents to the metal recycling entity a valid cash transaction card issued under Section 1956.0382.
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. 9, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 1065 (H.B. 2187), Sec. 4, eff. September 1, 2015.
Acts 2021, 87th Leg., R.S., Ch. 1040 (H.B. 4110), Sec. 3, eff. September 1, 2021.
2023 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 1956.0331. Photograph or Recording Requirement for Regulated Metal Transaction

Sec. 1956.0331.  PHOTOGRAPH OR RECORDING REQUIREMENT FOR REGULATED METAL TRANSACTION.  (a)  In addition to the requirements of Sections 1956.032 and 1956.033, for each purchase by a metal recycling entity of an item of regulated metal, the entity shall obtain a digital photograph or video recording that accurately depicts the seller's entire face and each type of regulated metal purchased.
(b)  A metal recycling entity shall preserve a photograph or recording required under Subsection (a) as follows:
(1)  for a video recording, until the 91st day after the date of the transaction; and
(2)  for a digital photograph, until the 181st day after the date of the transaction.
(c)  The photograph or recording must be made available for inspection as provided by Section 1956.035 not later than 72 hours after the time of purchase.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1234 (S.B. 694), Sec. 10, eff. September 1, 2011.
2023 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 1956.034. Preservation of Records

Sec. 1956.034.  PRESERVATION OF RECORDS.  A metal recycling entity shall preserve each record required by Sections 1956.032, 1956.0321, and 1956.033 until the second anniversary of the date the record was made. The records must be kept in an easily retrievable format and must be available for inspection as provided by Section 1956.035 not later than 72 hours after the time of purchase.
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. 11, eff. September 1, 2011.
Acts 2021, 87th Leg., R.S., Ch. 1040 (H.B. 4110), Sec. 4, eff. September 1, 2021.
2023 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 1956.035. Inspection of Records

Sec. 1956.035.  INSPECTION OF RECORDS.  (a)  On request, a metal recycling entity shall permit a peace officer of this state, a representative of the department, or a representative of a county, municipality, or other political subdivision that issues a license or permit under Section 1956.003(b) to inspect, during the entity's usual business hours:
(1)  a record required by Section 1956.0321 or 1956.033;
(2)  a digital photograph or video recording required by Section 1956.0331;
(3)  regulated material in the entity's possession; or
(4)  an application for a cash transaction card submitted to the entity.
(b)  The person seeking to inspect a record or material shall:
(1)  inform the entity of the officer's status as a peace officer; or
(2)  if the person is a representative of the department or a representative of a county, municipality, or other political subdivision, inform the entity of the person's status and display to the entity an identification document or other appropriate documentation establishing the person's status as a representative of the department or of the appropriate county, municipality, or political subdivision.
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. 12, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 1065 (H.B. 2187), Sec. 5, eff. September 1, 2015.
Acts 2021, 87th Leg., R.S., Ch. 1040 (H.B. 4110), Sec. 5, eff. September 1, 2021.
2023 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 1956.037. Placement of Items on Hold

Sec. 1956.037.  PLACEMENT OF ITEMS ON HOLD.  (a)  A metal recycling entity may not dispose of, process, sell, or remove from the premises an item of regulated metal unless:
(1)  the entity acquired the item more than:
(A)  eight days, excluding weekends and holidays, before the disposal, processing, sale, or removal, if the item is a cemetery vase, receptacle, or memorial made from a regulated material other than aluminum material;
(B)  five days, excluding weekends and holidays, before the disposal, processing, sale, or removal, if the item is a catalytic converter; or
(C)  72 hours, excluding weekends and holidays, before the disposal, processing, sale, or removal, if the item is not an item described by Paragraph (A) or (B); or
(2)  the entity purchased the item from a manufacturing, industrial, commercial, retail, or other seller that sells regulated material in the ordinary course of its business.
(b)  A peace officer who has reasonable suspicion to believe that an item of regulated material in the possession of a metal recycling entity is stolen may place the item on hold by issuing to the entity a written notice that:
(1)  specifically identifies the item alleged to be stolen and subject to the hold; and
(2)  informs the entity of the requirements of Subsection (c).
(c)  On receiving the notice, the entity may not, except as provided by Subsection (e), process or remove from the entity's premises the identified item before the 60th day after the date the notice is issued unless the hold is released at an earlier time in writing by a peace officer of this state or a court order.
(d)  After the holding period expires, the entity may dispose of the item unless disposition violates a court order.
(e)  If a hold is placed on a purchase of regulated material, a metal recycling entity may not dispose of, process, sell, or remove from the premises any item from the purchased material unless the hold on the material is released.
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. 14, eff. September 1, 2011.
Acts 2021, 87th Leg., R.S., Ch. 1040 (H.B. 4110), Sec. 7, eff. September 1, 2021.
2023 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 1956.0381. Payment by Metal Recycling Entity

Sec. 1956.0381.  PAYMENT BY METAL RECYCLING ENTITY.  (a)  A metal recycling entity may pay for a purchase of regulated material only by:
(1)  cash if the seller has been issued a cash transaction card under Section 1956.0382, unless the metal recycling entity is prohibited from paying in cash under Section 1956.038(b);
(2)  debit card if the seller has been issued a cash transaction card under Section 1956.0382;
(3)  check;
(4)  money order; or
(5)  direct deposit by electronic funds transfer.
(b)  A metal recycling entity shall include in the record of purchase required by Section 1956.033, as applicable, a copy of:
(1)  the seller's cash transaction card or approved application for a cash transaction card if the entity paid for a purchase of regulated material by cash;
(2)  the debit card receipt and the seller's cash transaction card or approved application for a cash transaction card if the entity paid for a purchase of regulated material by debit card; or
(3)  the check if the entity paid for a purchase of regulated material by check.
Added by Acts 2015, 84th Leg., R.S., Ch. 1065 (H.B. 2187), Sec. 8, eff. September 1, 2015.
2023 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 1956.0382. Cash Transaction Card

Sec. 1956.0382.  CASH TRANSACTION CARD.  (a)  A metal recycling entity may pay a seller for a purchase of regulated material by cash or debit card only if, before the entity issues payment:
(1)  the seller presents to the entity a valid cash transaction card issued by the entity or by another metal recycling entity located in this state; or
(2)  the entity obtains a copy of the seller's cash transaction card from the records of the entity.
(b)  An application for the issuance or renewal of a cash transaction card must include:
(1)  the name, address, sex, and birth date of the applicant;
(2)  the identification number from the applicant's personal identification document;
(3)  a digital photograph that accurately depicts the applicant's entire face taken at the time the applicant completes the application;
(4)  a clear and legible thumbprint of the applicant; and
(5)  the signature of the applicant.
(c)  On receipt of an application that contains the information required by Subsection (b), a metal recycling entity may approve the application and issue a cash transaction card to the applicant.  The individual approving the application on behalf of the metal recycling entity must sign the application.
(d)  A cash transaction card must include:
(1)  the name and address of the seller;
(2)  a digital photograph of the seller that accurately depicts the seller's entire face;
(3)  an identifying number that is unique to the individual card; and
(4)  the expiration date of the card, which may not be later than two years from the date the card was issued or renewed.
(e)  A metal recycling entity must mail the issued cash transaction card to the address provided on the application for the card.
(f)  A cash transaction card issued under this section is not transferable.
(g)  A metal recycling entity shall preserve:
(1)  each application for a cash transaction card the entity receives until the second anniversary of the date the application was received; and
(2)  a copy of each cash transaction card the entity issues or renews until the second anniversary of the date the card was issued or renewed.
Added by Acts 2015, 84th Leg., R.S., Ch. 1065 (H.B. 2187), Sec. 8, eff. September 1, 2015.
2023 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 1956.039. Hours for Purchasing Material

Sec. 1956.039.  HOURS FOR PURCHASING MATERIAL.  (a)  Subject to Subsection (b), a county, municipality, or political subdivision may establish the hours during which a metal recycling entity may purchase regulated material.
(b)  A metal recycling entity may not purchase from the general public regulated material:
(1)  more than 15 consecutive hours in one day; or
(2)  later than 9 p.m.
Added by Acts 2007, 80th Leg., R.S., Ch. 1316 (S.B. 1154), Sec. 2, eff. September 1, 2007.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.