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 1956.036. Furnishing of Report to Department

Sec. 1956.036.  FURNISHING OF REPORT TO DEPARTMENT.  (a)  Except as provided by Subsections (b) and (d), not later than the close of business on a metal recycling entity's second working day after the date of the purchase or other acquisition of material for which a record is required under Section 1956.0321 or 1956.033, the entity shall send an electronic transaction report to the department via the department's Internet website. Except as provided by Subsection (d-1), the report must contain the information required to be recorded under Sections 1956.0321 and 1956.033.
(b)  If a metal recycling entity purchases bronze material that is a cemetery vase, receptacle, memorial, or statuary or a pipe that can reasonably be identified as aluminum irrigation pipe, the entity shall:
(1)  not later than the close of business on the entity's first working day after the purchase date, notify the department by telephone, by e-mail, or via the department's Internet website; and
(2)  not later than the close of business on the entity's second working day after the purchase date, submit to the department electronically via the department's Internet website or file with the department a report containing the information required to be recorded under Section 1956.033.
(c)  Subsection (b) does not apply to a purchase from:
(1)  the manufacturer or fabricator of the material or pipe;
(2)  a seller bearing a bill of sale for the material or pipe; or
(3)  the owner of the material or pipe.
(d)  A metal recycling entity may submit the transaction report required under Subsection (a) by facsimile if:
(1)  the entity submits to the department annually:
(A)  an application requesting an exception to the electronic reporting requirement; and
(B)  an affidavit stating that the entity does not have an available and reliable means of submitting the transaction report electronically; and
(2)  the department approves the entity's application under this subsection.
(d-1)  A metal recycling entity is not required to include in a transaction report required by this section:
(1)  the amount of the purchase; or
(2)  a copy of the documentation described by Section 1956.0381(b).
(e)  The department, after notice and an opportunity for a hearing, may prohibit a metal recycling entity from paying cash for a purchase of regulated material for a period determined by the department if the department finds that the entity has failed to comply with this section.
(f)  A metal recycling entity shall report to the department by telephone, by e-mail, or through the department's Internet website the entity's possession of an explosive device unknowingly purchased or otherwise obtained by the entity not later than the close of business on the entity's first working day after the date the possession of the device is discovered.  A metal recycling entity may also report to an appropriate law enforcement authority or the nearest military installation the possession of an explosive device that the entity unknowingly purchased or otherwise obtained so that the explosive device may be removed from the entity or disposed of as soon as possible.
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. 13, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 1065 (H.B. 2187), Sec. 6, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 191 (S.B. 208), Sec. 3, eff. September 1, 2017.
Acts 2021, 87th Leg., R.S., Ch. 1040 (H.B. 4110), Sec. 6, eff. September 1, 2021.