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 1956.032. Information Regarding Seller

Sec. 1956.032.  INFORMATION REGARDING SELLER.  (a)  Except as provided by Subsection (f), a person attempting to sell regulated material to a metal recycling entity shall:
(1)  display to the metal recycling entity the person's personal identification document;
(2)  provide to the metal recycling entity the make, model, color, and license plate number of the motor vehicle used to transport the regulated material and the name of the state issuing the license plate;
(3)  either:
(A)  present written documentation evidencing that the person is the legal owner or is lawfully entitled to sell the regulated material; or
(B)  sign a written statement provided by the metal recycling entity that the person is the legal owner of or is lawfully entitled to sell the regulated material offered for sale;
(4)  if the regulated material includes condensing or evaporator coils for central heating or air conditioning units, display to the metal recycling entity:
(A)  the person's air conditioning and refrigeration contractor license issued under Subchapter F or G, Chapter 1302;
(B)  the person's air conditioning and refrigeration technician registration issued under Subchapter K, Chapter 1302;
(C)  a receipt, bill of sale, or other documentation showing that the seller purchased the coils the seller is attempting to sell; or
(D)  a receipt, bill of sale, or other documentation showing that the seller has purchased a replacement central heating or air conditioning unit; and
(5)  if the regulated material includes insulated communications wire that has been burned wholly or partly to remove the insulation, display to the metal recycling entity documentation acceptable under the rules adopted under Subsection (h) that states that the material was salvaged from a fire.
(b)  A person required by a municipality to prepare a signed statement consisting of the information required by Subsection (a)(3) may use the statement required by the municipality to comply with Subsection (a)(3).
(c)  The metal recycling entity or the entity's agent shall visually verify the accuracy of the identification presented by the seller at the time of the purchase of regulated material and make a copy of the identification to be maintained by the entity in the entity's records, except as otherwise provided by Subsection (f).
(d)  The metal recycling entity or the entity's agent for recordkeeping purposes may photograph the seller's entire face, not including any hat, and obtain the name of the seller's employer.
(e)  The metal recycling entity or the entity's agent for recordkeeping purposes may take a photograph of the motor vehicle of the seller in which the make, model, and license plate number of the motor vehicle are identifiable in lieu of the information required under Subsection (a)(3).
(f)  The metal recycling entity is not required to make a copy of the identification as required under Subsection (c) or collect the information required under Subsection (a)(3) if:
(1)  the seller signs the written statement as required under Subsection (a)(3);
(2)  the seller has previously provided the information required under Subsection (a); and
(3)  the previously provided information has not changed.
(g)  Notwithstanding Section 1956.002, the metal recycling entity shall verify the registration of a person attempting to sell regulated material who represents that the person is a metal recycling entity as follows:
(1)  by using the database described by Section 1956.016; or
(2)  by obtaining from the person a copy of the person's certificate of registration issued under Section 1956.022 in addition to the information required under Subsection (a).
(h)  The commission shall adopt rules establishing the type of documentation that a seller of insulated communications wire described by Subsection (a)(5) must provide to a metal recycling entity to establish that the wire was salvaged from a fire.
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. 7, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1234 (S.B. 694), Sec. 8, eff. September 1, 2011.