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 1956.001. Definitions

Sec. 1956.001.  DEFINITIONS.  In this chapter:
(1)  "Aluminum material" means a product made from aluminum, an aluminum alloy, or an aluminum by-product.  The term includes aluminum wiring and an aluminum malt beverage keg but does not include another type of aluminum can used to contain a food or beverage.
(2)  "Bronze material" means:
(A)  a cemetery vase, receptacle, or memorial made from bronze;
(B)  bronze statuary; or
(C)  material readily identifiable as bronze, including bronze wiring.
(2-a)  "Catalytic converter" includes any material removed from a catalytic converter.
(3)  "Commission" means the Public Safety Commission.
(4)  "Copper or brass material" means:
(A)  a power inverter or insulated or noninsulated copper wire or cable that contains copper or an alloy of copper or zinc and is of the type used by:
(i)  a public utility or common carrier;
(ii)  a telecommunications provider as defined by Section 51.002, Utilities Code;
(iii)  a cable service provider as defined by Section 66.002, Utilities Code; or
(iv)  a video service provider as defined by Section 66.002, Utilities Code;
(B)  a copper or brass item of a type commonly used in construction or by:
(i)  a public utility;
(ii)  a telecommunications provider as defined by Section 51.002, Utilities Code;
(iii)  a cable service provider as defined by Section 66.002, Utilities Code; or
(iv)  a video service provider as defined by Section 66.002, Utilities Code; or
(C)  copper pipe or copper tubing.
(5)  "Department" means the Texas Department of Public Safety.
(6)  "Director" means the public safety director.
(6-a)  "Explosive device" means a device or material that contains explosive powder, primer, fluid, or gas or a detonator.  The term does not include:
(A)  a device that is designed, made, or adapted for delivering or shooting ammunition of.50 caliber or less and that is purchased for personal or security reasons recognized under state or federal law;
(B)  a component of a motor vehicle or mechanical equipment, including equipment that is used in the exploration or production of minerals;
(C)  any type of compressed cylinder that is commonly used in a residence or commercial business; or
(D)  any type of scrap metal that is routinely purchased in the metal recycling industry and that is not associated with military weaponry.
(6-b)  "Fixed location" means a structure or facility that:
(A)  is attached to real property;
(B)  has a fixed geographic location with a physical address; and
(C)  is used wholly or partly to conduct an activity described by Subdivision (7).
(6-c)  "Lead material" means:
(A)  a commercial grade lead battery, lead-acid battery, or spiral cell battery; or
(B)  a material or an item readily identifiable as being made of or containing lead.
(7)  "Metal recycling entity" means a business that is predominantly engaged in:
(A)  performing the manufacturing process by which scrap, used, or obsolete ferrous or nonferrous metal is converted into raw material products consisting of prepared grades and having an existing or potential economic value, by a method that in part requires the use of powered tools and equipment, including processes that involve processing, sorting, cutting, classifying, cleaning, baling, wrapping, shredding, shearing, or changing the physical form of that metal;
(B)  the use of raw material products described under Paragraph (A) in the manufacture of producer or consumer goods; or
(C)  purchasing or otherwise acquiring scrap, used, or obsolete ferrous or nonferrous metals for the eventual use of the metal for the purposes described by Paragraph (A) or (B).
(8)  "Personal identification document" means:
(A)  a valid driver's license issued by a state in the United States;
(B)  a United States military identification card; or
(C)   a personal identification certificate issued by the department under Section 521.101, Transportation Code, or a corresponding card or certificate issued by another state.
(9)  "Regulated material" means:
(A)  aluminum material;
(B)  bronze material;
(C)  copper or brass material;
(D)  lead material; or
(E)  regulated metal.
(10)  "Regulated metal" means:
(A)  manhole covers;
(B)  guardrails;
(C)  metal cylinders designed to contain compressed air, oxygen, gases, or liquids;
(D)  malt beverage kegs made from metal other than aluminum;
(E)  historical markers or cemetery vases, receptacles, or memorials made from metal other than aluminum;
(F)  unused rebar;
(G)  street signs;
(H)  drain gates;
(I)  safes;
(J)  communication, transmission, and service wire or cable;
(K)  condensing or evaporator coils for central heating or air conditioning units;
(L)  utility structures, including the fixtures and hardware;
(M)  aluminum or stainless steel containers designed to hold propane for fueling forklifts;
(N)  metal railroad equipment, including tie plates, signal houses, control boxes, signs, signals, traffic devices, traffic control devices, traffic control signals, switch plates, e-clips, and rail tie functions;
(O)  catalytic converters not attached to a vehicle;
(P)  fire hydrants;
(Q)  metal bleachers or other seating facilities used in recreational areas or sporting arenas;
(R)  any metal item clearly and conspicuously marked with any form of the name, initials, or logo of a governmental entity, utility, cemetery, or railroad;
(S)  insulated utility, communications, or electrical wire that has been burned in whole or in part to remove the insulation;
(T)  backflow valves;
(U)  metal in the form of commonly recognized products of the industrial metals recycling process, including bales, briquettes, billets, sows, ingots, pucks, and chopped or shredded metals; and
(V)  commercial grade lead batteries or lead-acid batteries.
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 2011, 82nd Leg., R.S., Ch. 1234 (S.B. 694), Sec. 1, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 1065 (H.B. 2187), Sec. 1, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 191 (S.B. 208), Sec. 1, eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 394, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 1040 (H.B. 4110), Sec. 1, eff. September 1, 2021.
Acts 2023, 88th Leg., R.S., Ch. 269 (S.B. 224), Sec. 3.01, eff. May 29, 2023.
Acts 2023, 88th Leg., R.S., Ch. 269 (S.B. 224), Sec. 3.01, eff. July 1, 2023.