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 B. Sale of Crafted Precious Metal to Dealers › Section 1956.0612. Registration as Dealer

Sec. 1956.0612.  REGISTRATION AS DEALER.  (a) A person may not engage in the business of purchasing and selling crafted precious metal unless the person is registered with the commissioner as a dealer under this section.
(b)  To register as a dealer, a person must provide to the commissioner:
(1)  a list of each location in this state at which the person will conduct business as a dealer; and
(2)  a processing fee for each location included on the list furnished under Subdivision (1).
(b-1)  A registration issued under this section is valid for the period prescribed by commission rule adopted under Section 14.112, Finance Code.
(c)  The commissioner shall prescribe the processing fee in an amount necessary to cover the costs of administering this subchapter.
(d)  The commission by rule shall establish a deadline for the submission of the information and fee required by Subsection (b) for initial issuance and renewal of registrations under this section.
(d-1)  After the applicable deadline for initial or renewal registrations, a dealer may amend the registration required under Subsection (a) to reflect any change in the information provided by the registration.
(e)  The commissioner shall make available to the public a list of dealers registered under this section.
(f)  The commissioner may prescribe the registration form.
(g)  A reference to a registration in another subchapter of this chapter does not apply to a person to the extent the person is registered under this subchapter.
(h)  The commissioner may refuse to renew the registration of a person who fails to comply with an order issued by the commissioner to enforce this chapter.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1298 (H.B. 2490), Sec. 4, eff. January 1, 2012.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 767 (H.B. 1442), Sec. 92, eff. September 1, 2019.
Acts 2021, 87th Leg., R.S., Ch. 604 (S.B. 1132), 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 B. Sale of Crafted Precious Metal to Dealers › Section 1956.0613. Investigation by Commissioner

Sec. 1956.0613.  INVESTIGATION BY COMMISSIONER.  The commissioner shall:
(1)  monitor the operations of a dealer to ensure compliance with this subchapter; and
(2)  receive and investigate complaints against a dealer or a person acting as a dealer.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1298 (H.B. 2490), Sec. 4, eff. September 1, 2011.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 604 (S.B. 1132), 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 B. Sale of Crafted Precious Metal to Dealers › Section 1956.06131. Examination by Commissioner

Sec. 1956.06131.  EXAMINATION BY COMMISSIONER.  (a)  At the times the commissioner considers necessary, the commissioner or the commissioner's representative may:
(1)  examine each place of business of each dealer; and
(2)  investigate the dealer's transactions and records, including books, accounts, papers, and correspondence, to the extent the transactions and records pertain to the business regulated under this subchapter.
(b)  A dealer shall:
(1)  give the commissioner or the commissioner's representative free access to the dealer's office, place of business, files, safes, and vaults; and
(2)  allow the commissioner or the representative to make a copy of an item that may be investigated under Subsection (a)(2).
(c)  The commissioner or the commissioner's representative shall examine under Subsection (a) at least 10 dealers each calendar year.
(d)  This section does not apply with respect to a jewelry store.
Added by Acts 2021, 87th Leg., R.S., Ch. 604 (S.B. 1132), Sec. 4, eff. January 1, 2022.
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 1956.0614. Revocation of Registration

Sec. 1956.0614.  REVOCATION OF REGISTRATION.  (a)  The commissioner may revoke the registration of a dealer if the commissioner concludes that the dealer has violated this chapter or an order issued by the commissioner to enforce this chapter.  The commissioner shall recite the basis of the decision in an order revoking the registration.
(b)  If the commissioner proposes to revoke a registration, the dealer is entitled to a hearing before the commissioner or a hearings officer, who shall propose a decision to the commissioner.  The commissioner or hearings officer shall prescribe the time and place of the hearing.  The hearing is governed by Chapter 2001, Government Code.
(c)  A dealer aggrieved by a ruling, order, or decision of the commissioner is entitled to appeal to a district court in the county in which the hearing was held.  An appeal under this subsection is governed by Chapter 2001, Government Code.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1298 (H.B. 2490), Sec. 4, eff. September 1, 2011.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 767 (H.B. 1442), Sec. 93, 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 1956.0615. Administrative Penalty

Sec. 1956.0615.  ADMINISTRATIVE PENALTY.  The commissioner may assess an administrative penalty not to exceed $500 against a person for each knowing and wilful violation of this chapter.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1298 (H.B. 2490), Sec. 4, 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 1956.0616. Notice of Enforcement Order

Sec. 1956.0616.  NOTICE OF ENFORCEMENT ORDER.  (a)  As soon as practicable after an enforcement order against a dealer for a violation of this subchapter becomes final, including an order assessing an administrative penalty or an order to pay restitution under Section 14.251(b)(3), Finance Code, the commissioner shall provide notice of the order to:
(1)  the chief of police of the municipality in which the violation occurred; or
(2)  the sheriff of the county in which the violation occurred, if the violation did not occur in a municipality.
(b)  The notice must include:
(1)  a copy of the enforcement order;
(2)  the information on complaint procedures described by Section 14.062(b), Finance Code; and
(3)  any other information the commissioner considers necessary or proper to the enforcement of this subchapter.
Added by Acts 2021, 87th Leg., R.S., Ch. 604 (S.B. 1132), 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 B. Sale of Crafted Precious Metal to Dealers › Section 1956.062. Report of Purchase Required

Sec. 1956.062.  REPORT OF PURCHASE REQUIRED.  (a)  A dealer shall, as required by Section 1956.063, report all identifiable crafted precious metal that the dealer purchases, takes in trade, accepts for sale on consignment, or accepts for auction.
(b)  Before crafted precious metal is offered for sale or exchange, a dealer must notify each person intending to sell or exchange the metal that, before the dealer may accept any of the person's property, the person must file with the dealer a list describing all of the person's crafted precious metal to be accepted by the dealer.  The list must contain:
(1)  the proposed seller's name and address;
(2)  a complete and accurate description of the crafted precious metal;  and
(3)  the proposed seller's certification that the information is true and complete.
(c)  The dealer shall record the proposed seller's driver's license number or department personal identification certificate number on physical presentation of the license or personal identification certificate by the seller.  The record must accompany the list.
(d)  The dealer shall:
(1)  provide to a peace officer, on demand, the list required by Subsection (b);  and
(2)  mail or deliver a complete copy of the list to the chief of police or the sheriff as provided by Section 1956.063 not later than 48 hours after the list is filed with the dealer.
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 1956.063. Form of Report; Filing

Sec. 1956.063.  FORM OF REPORT;  FILING.  (a)  A report required by this subchapter must comply with this section unless a similar report is required by another state law or a municipal ordinance, in which event the required report must comply with the applicable law or ordinance.
(b)  If a transaction regulated by this subchapter occurs in a municipality that maintains a police department, the original and a copy of the report required by this subchapter shall be submitted to the municipality's chief of police.  If the transaction does not occur in such a municipality, the original and a copy of the report shall be submitted to the sheriff of the county in which the transaction occurs.
(c)  For each transaction regulated by this subchapter, the dealer shall submit a report on a preprinted and prenumbered form prescribed by the commissioner or in the manner described by Subsection (c-1). The form must include the following:
(1)  the date of the transaction;
(2)  a description of the crafted precious metal purchased by the dealer;
(3)  the name and physical address of the dealer; and
(4)  the name, physical description, and physical address of the seller or transferor.
(c-1)  A  dealer may submit a list required by Section 1956.062(b) to satisfy the reporting requirement under this section if the list contains the information described by Subsection (c).
(d)  The dealer shall retain a copy of the report until the third anniversary of the date the report is filed.
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. 5, eff. September 1, 2011.
Acts 2019, 86th Leg., R.S., Ch. 767 (H.B. 1442), Sec. 94, 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 1956.064. Required Retention of Crafted Precious Metal

Sec. 1956.064.  REQUIRED RETENTION OF CRAFTED PRECIOUS METAL.  (a)  A dealer may not melt, deface, alter, or dispose of crafted precious metal that is the subject of a report required by this subchapter before the 11th day after the date the report is filed unless:
(1)  the peace officer to whom the report is submitted, for good cause, authorizes disposition of the metal;
(2)  the dealer obtains the name, address, and description of the buyer and retains a record of that information;  or
(3)  the dealer is a pawnbroker and the disposition is the redemption of pledged property by the pledgor.
(b)  A peace officer who has reasonable suspicion to believe that an item of crafted precious metal in the possession of a dealer is stolen may place the item on hold for a period not to exceed 60 days by issuing to the dealer a written notice that:
(1)  specifically identifies the item alleged to be stolen and subject to the hold; and
(2)  informs the dealer of the requirements of Subsection (c).
(c)  On receiving the notice, the dealer may not melt, deface, alter, or dispose of the identified crafted precious metal until the hold is released in writing by a peace officer of this state or a court order.
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. 6, 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 1956.065. Inspection of Crafted Precious Metal by Peace Officer

Sec. 1956.065.  INSPECTION OF CRAFTED PRECIOUS METAL BY PEACE OFFICER.  (a)  A dealer shall make crafted precious metal purchased by the dealer available for inspection by a peace officer during regular business hours while in the dealer's possession.
(b)  Information obtained under this section is confidential except for use in a criminal investigation or prosecution or a civil court proceeding.
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 1956.066. Purchase From Minor

Sec. 1956.066.  PURCHASE FROM MINOR.  (a)  A dealer may not purchase crafted precious metal from a person younger than 18 years of age unless the seller delivers to the dealer before the purchase a written statement from the seller's parent or legal guardian consenting to the transaction.
(b)  The dealer shall retain the statement with the records required to be kept under this subchapter.  The dealer may destroy the statement after the later of:
(1)  the date the item is sold;  or
(2)  the first anniversary of the date the dealer purchased the item.
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 1956.067. Purchase at Temporary Location of Dealer

Sec. 1956.067.  PURCHASE AT TEMPORARY LOCATION OF DEALER.  (a)  A dealer who conducts business at a temporary location for a period of less than one year may not engage in the business of buying precious metal or used items made of precious metal unless, within a 12-month period at least 30 days before the date on which each purchase is made, the dealer has filed:
(1)  a registration statement with the department;
(2)  a copy of the registration statement and a copy of the dealer's certificate of registration issued under this subchapter with the local law enforcement agency of:
(A)  the municipality in which the temporary location is located; or
(B)  if the temporary location is not located in a municipality, the county in which the temporary location is located; and
(3)  a copy of the dealer's certificate of registration issued under this subchapter with the county and, if applicable, the municipality in which the temporary location is located.
(b)  The registration statement must contain:
(1)  the name and address of the dealer;
(2)  the location where business is to be conducted;
(3)  if the dealer is an association, the name and address of each member of the association;
(4)  if the dealer is a corporation, the name and address of each officer and director of the corporation;  and
(5)  other relevant information required by the department.
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. 7, eff. January 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 B. Sale of Crafted Precious Metal to Dealers › Section 1956.068. Purchase of Melted Items

Sec. 1956.068.  PURCHASE OF MELTED ITEMS.  A dealer, in the course of business, may not purchase from a person other than a manufacturer of or a regular dealer in crafted precious metal an object formed as the result of the melting of 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 1956.069. Criminal Penalty

Sec. 1956.069.  CRIMINAL PENALTY.  (a)  A person commits an offense if the person:
(1)  fails to make or permit inspection of a report as required by Section 1956.062 or 1956.063;
(2)  violates Section 1956.0612 or 1956.064;
(3)  fails to obtain or retain a statement as required by Section 1956.066;
(4)  fails to file a registration statement as required by Section 1956.067; or
(5)  purchases an object in violation of Section 1956.068.
(b)  An offense under this section is a Class B misdemeanor.
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. 8, eff. January 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 C. Restrictions on Sale of Certain Items to Metal Recycling Entities › Section 1956.101. Definitions

Sec. 1956.101.  DEFINITIONS.  In this subchapter:
(1)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 1316, Sec. 5, eff. September 1, 2007.
(2)  "Motor vehicle" has the meaning assigned by Section 541.201, Transportation Code.
(3)  "PCB-containing capacitor" means a capacitor that contains polychlorinated biphenyls and is regulated under the federal Toxic Substances Control Act (15 U.S.C. Section 2601 et seq.).
(4)  "Person" means an individual, corporation, partnership, sole proprietorship, or other business 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. 5, 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 C. Restrictions on Sale of Certain Items to Metal Recycling Entities › Section 1956.102. Exception

Sec. 1956.102.  EXCEPTION.  This subchapter does not apply to a sale or transfer by or on behalf of a metal recycling entity.
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 C. Restrictions on Sale of Certain Items to Metal Recycling Entities › Section 1956.103. Restrictions on Transfer of Certain Property

Sec. 1956.103.  RESTRICTIONS ON TRANSFER OF CERTAIN PROPERTY.  (a)  A person may not sell or otherwise transfer to a metal recycling entity:
(1)  a lead-acid battery, fuel tank, or PCB-containing capacitor that is included with another type of scrap, used, or obsolete metal without first obtaining from the metal recycling entity a written and signed acknowledgment that the scrap, used, or obsolete metal includes one or more lead-acid batteries, fuel tanks, or PCB-containing capacitors;
(2)  any of the following items that contain or enclose a lead-acid battery, fuel tank, or PCB-containing capacitor or of which a lead-acid battery, fuel tank, or PCB-containing capacitor is a part:
(A)  a motor vehicle;
(B)  a motor vehicle that has been junked, flattened, dismantled, or changed so that it has lost its character as a motor vehicle;
(C)  an appliance; or
(D)  any other item of scrap, used, or obsolete metal;
(3)  a motor vehicle or a motor vehicle that has been junked, flattened, dismantled, or changed so that it has lost its character as a motor vehicle if the motor vehicle includes, contains, or encloses a tire or scrap tire; or
(4)  a metal alcoholic beverage keg, regardless of condition, unless the seller is the manufacturer of the keg, the brewer or distiller of the beverage that was contained in the keg, or an authorized representative of the manufacturer, brewer, or distiller.
(b)  Subsection (a)(3) does not apply to the sale or other transfer of a motor vehicle or a junked, flattened, dismantled, or changed motor vehicle from another state.
(c)  Subsection (a) does not apply to a fuel tank that has been completely drained and rendered unusable in accordance with Texas Commission on Environmental Quality rules regardless of whether the fuel tank is attached to a motor vehicle.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 47 (S.B. 1298), Sec. 1, eff. September 1, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 1234 (S.B. 694), Sec. 17, 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 C. Restrictions on Sale of Certain Items to Metal Recycling Entities › Section 1956.104. Notice of Restrictions

Sec. 1956.104.  NOTICE OF RESTRICTIONS.  A metal recycling entity shall post in a conspicuous location a notice that:
(1)  is readily visible to a person selling material to the metal recycling entity;
(2)  is at least 24 inches horizontally by 18 inches vertically; and
(3)  contains the following language:
TEXAS LAW PROHIBITS:
1.  THE SALE OF A WHOLE, FLATTENED, OR JUNKED MOTOR VEHICLE, AN APPLIANCE, OR ANY OTHER SCRAP METAL ITEM CONTAINING A LEAD-ACID BATTERY, FUEL TANK THAT HAS NOT BEEN COMPLETELY DRAINED AND RENDERED UNUSABLE, OR PCB-CONTAINING CAPACITOR; AND
2.  THE SALE OF LEAD-ACID BATTERIES, FUEL TANKS THAT HAVE NOT BEEN COMPLETELY DRAINED AND RENDERED UNUSABLE, OR PCB-CONTAINING CAPACITORS INCLUDED WITH OTHER SCRAP METALS WITHOUT OUR PRIOR WRITTEN ACKNOWLEDGMENT.
VIOLATION OF THIS LAW IS A MISDEMEANOR.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 47 (S.B. 1298), Sec. 2, eff. September 1, 2005.
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 C. Restrictions on Sale of Certain Items to Metal Recycling Entities › Section 1956.105. Criminal Penalty

Sec. 1956.105.  CRIMINAL PENALTY.  (a)  A person commits an offense if the person violates this subchapter.
(b)  An offense under this section is a misdemeanor punishable by:
(1)  a fine of not more than $1,000;
(2)  confinement in the county jail for not more than 60 days;  or
(3)  both the fine and the confinement.
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 C. -1. Certain Transactions Involving Catalytic Converters Removed From Motor Vehicles › Section 1956.121. Definition

Sec. 1956.121.  DEFINITION.  In this subchapter, "motor vehicle" has the meaning assigned by Section 541.201, Transportation Code.
Added by Acts 2023, 88th Leg., R.S., Ch. 269 (S.B. 224), Sec. 3.07, 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 C. -1. Certain Transactions Involving Catalytic Converters Removed From Motor Vehicles › Section 1956.122. Applicability; Effect of Law

Sec. 1956.122.  APPLICABILITY; EFFECT OF LAW.  (a)  Notwithstanding any other provision of this chapter, this subchapter applies to the purchase or acquisition, from a person described by Section 1956.002(1), of a catalytic converter removed from a motor vehicle.
(b)  This subchapter does not affect any requirement under Subchapter A-3, including any requirement applicable to the purchase or acquisition of a catalytic converter removed from a motor vehicle from a person not described by Section 1956.002(1).
Added by Acts 2023, 88th Leg., R.S., Ch. 269 (S.B. 224), Sec. 3.07, 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 C. -1. Certain Transactions Involving Catalytic Converters Removed From Motor Vehicles › Section 1956.123. Limitation on Purchasing or Otherwise Acquiring Catalytic Converters

Sec. 1956.123.  LIMITATION ON PURCHASING OR OTHERWISE ACQUIRING CATALYTIC CONVERTERS.  A metal recycling entity may not purchase or otherwise acquire a catalytic converter that was removed from a motor vehicle from a person described by Section 1956.002(1), unless each of the following is satisfied:
(1)  the person selling the catalytic converter to the metal recycling entity acquired it in the ordinary course of the person's business, including in the ordinary course of business of any of the following entities:
(A)  an automotive wrecking and salvage yard as defined by Section 234.001, Local Government Code;
(B)  a metal recycling entity registered under this chapter;
(C)  a manufacturer, distributor, converter, or dealer licensed under Chapter 2301, including any department of a dealer or converter that repairs or services motor vehicles;
(D)  a shop or garage that is engaged in the business of repairing motor vehicles;
(E)  a used automotive parts recycler licensed under Chapter 2309;
(F)  a motor vehicle demolisher as defined by Section 683.001, Transportation Code;
(G)  a school or training program in which students are provided instruction on building, repairing, or restoring motor vehicles;
(H)  a law enforcement agency;
(I)  the National Insurance Crime Bureau;
(J)  a business that is:
(i)  located in and regulated by another state or a political subdivision of another state; and
(ii)  engaged in an activity for which a business described by Paragraphs (A) through (I) is regulated by this state or a political subdivision of this state; or
(K)  a business that is located in a jurisdiction outside the United States and operated in a business form recognized by the laws of that jurisdiction and that imports catalytic converters into the United States in accordance with the Harmonized Tariff Schedule of the United States published by the United States International Trade Commission; and
(2)  any individual acting on behalf of the person described by Subdivision (1) has apparent authority to enter into the transaction and is acting in the scope of that authority.
Added by Acts 2023, 88th Leg., R.S., Ch. 269 (S.B. 224), Sec. 3.07, 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 C. -1. Certain Transactions Involving Catalytic Converters Removed From Motor Vehicles › Section 1956.124. Certain Records Required When Purchasing or Otherwise Acquiring Catalytic Converter; Offense

Sec. 1956.124.  CERTAIN RECORDS REQUIRED WHEN PURCHASING OR OTHERWISE ACQUIRING CATALYTIC CONVERTER; OFFENSE.  (a)  A metal recycling entity shall maintain an accurate record of each transaction in which the entity purchases or otherwise acquires a catalytic converter that is removed from a motor vehicle from a person described by Section 1956.123.
(b)  A record meets the requirements of Subsection (a) if it contains:
(1)  a description made in accordance with the custom of the trade for the volume of catalytic converters purchased or otherwise acquired;
(2)  the business name of the person from whom the catalytic converters were purchased or otherwise acquired; and
(3)  the date of the transaction.
(c)  A metal recycling entity shall preserve each record required by this section until the second anniversary of the date the record was made.  The records must be maintained in an easily retrievable format and must be available for inspection as provided by Section 1956.125 not later than 72 hours after the time of purchase or acquisition.
(d)  A record containing the information described by Subsection (b) that is maintained in accordance with other law or as a routine business practice satisfies the requirements of Subsection (a).
(e)  A metal recycling entity commits an offense if the entity intentionally or knowingly fails to maintain a record as required by this section.  An offense under this subsection is a Class A misdemeanor.
Added by Acts 2023, 88th Leg., R.S., Ch. 269 (S.B. 224), Sec. 3.07, 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 C. -1. Certain Transactions Involving Catalytic Converters Removed From Motor Vehicles › Section 1956.125. Inspection of Records

Sec. 1956.125.  INSPECTION OF RECORDS.  On request, a metal recycling entity shall permit a peace officer, 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, during the entity's usual business hours:
(1)  enter the premises of the entity; and
(2)  inspect a record required to be maintained by Section 1956.124.
Added by Acts 2023, 88th Leg., R.S., Ch. 269 (S.B. 224), Sec. 3.07, 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 C. -1. Certain Transactions Involving Catalytic Converters Removed From Motor Vehicles › Section 1956.126. Effect on Local Law

Sec. 1956.126.  EFFECT ON LOCAL LAW.  (a)  Notwithstanding Section 1956.003, a county, municipality, or political subdivision of this state may not:
(1)  with respect to a catalytic converter removed from a motor vehicle, restrict the purchase, acquisition, sale, transfer, or possession of the catalytic converter by a person described by Section 1956.123; or
(2)  alter or add to the recordkeeping requirements provided by Section 1956.124.
(b)  Subsection (a) does not affect the authority of a county, municipality, or political subdivision of this state to:
(1)  issue a license or permit as provided by Section 1956.003; or
(2)  inspect a record as provided by Section 1956.125.
Added by Acts 2023, 88th Leg., R.S., Ch. 269 (S.B. 224), Sec. 3.07, 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 C. -1. Certain Transactions Involving Catalytic Converters Removed From Motor Vehicles › Section 1956.127. Declaration Update

Sec. 1956.127.  DECLARATION UPDATE.  If the business activity of a metal recycling entity substantially changes in the extent to which the entity engages in transactions involving catalytic converters removed from motor vehicles, the entity shall update the entity's declaration submitted under Section 1956.022.
Added by Acts 2023, 88th Leg., R.S., Ch. 269 (S.B. 224), Sec. 3.07, 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 C. -1. Certain Transactions Involving Catalytic Converters Removed From Motor Vehicles › Section 1956.128. Administrative Penalty

Sec. 1956.128.  ADMINISTRATIVE PENALTY.  (a)  The commission may impose an administrative penalty under Subchapter R, Chapter 411, Government Code, on a metal recycling entity that:
(1)  violates Section 1956.123 due to the entity's failure to exercise due diligence in purchasing or acquiring a catalytic converter removed from a motor vehicle; or
(2)  violates Section 1956.124.
(b)  The amount of the administrative penalty may not exceed $10,000.
Added by Acts 2023, 88th Leg., R.S., Ch. 269 (S.B. 224), Sec. 3.07, 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 D. Disciplinary Procedures › Section 1956.151. Denial of Certificate; Disciplinary Action

Sec. 1956.151.  DENIAL OF CERTIFICATE; DISCIPLINARY ACTION.  The commission shall deny an application for a certificate of registration, suspend or revoke a certificate of registration, or reprimand a person who is registered under this chapter if the person:
(1)  obtains a certificate of registration by means of fraud, misrepresentation, or concealment of a material fact;
(2)  sells, barters, or offers to sell or barter a certificate of registration;
(3)  violates a provision of this chapter or a rule adopted under this chapter; or
(4)  violates Section 1956.021.
Added by Acts 2007, 80th Leg., R.S., Ch. 1316 (S.B. 1154), Sec. 4, eff. September 1, 2007.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1234 (S.B. 694), Sec. 18, eff. September 1, 2011.
Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 3.003, 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 D. Disciplinary Procedures › Section 1956.153. Hearing

Sec. 1956.153.  HEARING.  (a)  A person whose application for a certificate of registration is denied, whose certificate of registration is suspended or revoked, or who is reprimanded is entitled to a hearing before the department if the person submits to the department a written request for the hearing.
(b)  A hearing is governed by department rules for a contested hearing and by Chapter 2001, Government Code.
Added by Acts 2007, 80th Leg., R.S., Ch. 1316 (S.B. 1154), Sec. 4, 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 E. Other Penalties and Enforcement Provisions › Section 1956.201. Enforcement Proceedings; Injunction

Sec. 1956.201.  ENFORCEMENT PROCEEDINGS; INJUNCTION.  (a)  The department, the attorney general, or the district, county, or city attorney for the county or municipality in which an alleged violation of this chapter occurs may, on receipt of a verified complaint, bring an appropriate administrative or judicial proceeding to enforce this chapter or a rule adopted under this chapter.
(b)  The attorney general or an attorney representing the state may initiate an action for an injunction to prohibit a person from violating this chapter or a rule adopted under this chapter.
Added by Acts 2007, 80th Leg., R.S., Ch. 1316 (S.B. 1154), Sec. 4, 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 E. Other Penalties and Enforcement Provisions › Section 1956.202. Civil Penalty

Sec. 1956.202.  CIVIL PENALTY.  (a)  Except as provided by Subsection (d), a person who violates this chapter or a rule adopted under this chapter is liable to this state for a civil penalty of not more than $1,000 for each violation.
(b)  The amount of the penalty shall be based on:
(1)  the seriousness of the violation;
(2)  the history of previous violations;
(3)  the amount necessary to deter a future violation; and
(4)  any other matter that justice may require.
(c)  The attorney general may sue to collect a civil penalty under this section.  In the suit the attorney general may recover, on behalf of the state, the reasonable expenses incurred in obtaining the penalty, including investigation and court costs, reasonable attorney's fees, witness fees, and other expenses.
(d)  A civil penalty may not be assessed under this section for conduct described by Section 1956.021, 1956.023(d), 1956.036(a), 1956.038, or 1956.039.
Added by Acts 2007, 80th Leg., R.S., Ch. 1316 (S.B. 1154), Sec. 4, eff. September 1, 2007.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1234 (S.B. 694), Sec. 19, 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 E. Other Penalties and Enforcement Provisions › Section 1956.203. Criminal Penalty for Certain Solicitation

Sec. 1956.203.  CRIMINAL PENALTY FOR CERTAIN SOLICITATION.  (a)  A person commits an offense if the person solicits the purchase of regulated material at a location other than a business location at which the material is produced as a by-product in the ordinary course of that business.
(b)  An offense under this section is a Class B misdemeanor.
Added by Acts 2007, 80th Leg., R.S., Ch. 1316 (S.B. 1154), Sec. 4, 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 E. Other Penalties and Enforcement Provisions › Section 1956.204. General Criminal Penalty

Sec. 1956.204.  GENERAL CRIMINAL PENALTY.  (a)  A person commits an offense if the person violates this chapter or a rule adopted under this chapter, including a rule, charter, or ordinance adopted, an order issued, or a standard imposed by a county, municipality, or political subdivision under Section 1956.003.
(b)  An offense under this section is a Class C misdemeanor.
(c)  If conduct that constitutes an offense under this section also constitutes an offense under another section in this chapter, the person may be prosecuted only under that other section.
Added by Acts 2013, 83rd Leg., R.S., Ch. 864 (H.B. 555), Sec. 2, eff. September 1, 2013.
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 1957 - Industrial Hygienists › Section 1957.001. Short Title

Sec. 1957.001.  SHORT TITLE.  This chapter may be cited as the Industrial Hygiene Title Recognition Act.
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 1957 - Industrial Hygienists › Section 1957.002. Industrial Hygiene Certification Organization

Sec. 1957.002.  INDUSTRIAL HYGIENE CERTIFICATION ORGANIZATION.  (a)  In this chapter, "industrial hygiene certification organization" means a nonprofit corporation established to improve the practice and educational standards of the profession of industrial hygiene by certifying individuals who meet its education, experience, and examination requirements.
(b)  The organization must maintain criteria at least as stringent as those adopted by the American Board of Industrial Hygiene.
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 1957 - Industrial Hygienists › Section 1957.003. Certification Required

Sec. 1957.003.  CERTIFICATION REQUIRED.  (a)  A person may not use the title of or represent to the public that the person is a "certified industrial hygienist" or use the initials "CIH" unless the person is certified by the American Board of Industrial Hygiene as a certified industrial hygienist.
(b)  A person may not use the title of or represent to the public that the person is an "industrial hygienist in training" or use the initials "IHIT" unless the person is certified by the American Board of Industrial Hygiene as an industrial hygienist in training.
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 1957 - Industrial Hygienists › Section 1957.004. Civil Penalty

Sec. 1957.004.  CIVIL PENALTY.  (a)  A person who violates Section 1957.003 is subject to a civil penalty of not more than $1,000 for each violation.
(b)  The attorney general may bring an action to recover the civil penalty.
(c)  A penalty recovered under this section shall be deposited to the credit of the general revenue fund.
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 1958 - Mold Assessors and Remediators › Subchapter A. General Provisions › Section 1958.001. Definitions

Sec. 1958.001.  DEFINITIONS.  In this chapter:
(1)  "Advisory board" means the Mold Assessment and Remediation Advisory Board.
Text of subdivision as added by Acts 2023, 88th Leg., R.S., Ch. 282 (S.B. 1213), Sec. 1
(1-a)  "Commission" means the Texas Commission of Licensing and Regulation.
Text of subdivision as added by Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.278
(1-a)  "Department" means the Texas Department of Licensing and Regulation.
(2)  "Executive director" means the executive director of the department.
(3)  "License" means a license issued under this chapter.
(4)  "Mold" means any living or dead fungi or related products or parts, including spores, hyphae, and mycotoxins.
(5)  "Mold assessment" means:
(A)  an inspection, investigation, or survey of a dwelling or other structure to provide the owner or occupant with information regarding the presence, identification, or evaluation of mold;
(B)  the development of a mold management plan or remediation protocol; or
(C)  the collection or analysis of a mold sample.
(6)  "Mold remediation" means the removal, cleaning, sanitizing, demolition, or other treatment, including preventive activities, of mold or mold-contaminated matter that was not purposely grown at that location.
Added by Acts 2003, 78th Leg., ch. 205, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.292, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.278, eff. September 1, 2017.
Acts 2023, 88th Leg., R.S., Ch. 282 (S.B. 1213), Sec. 1, 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 1958 - Mold Assessors and Remediators › Subchapter A. General Provisions › Section 1958.002. Scope of Authority

Sec. 1958.002.  SCOPE OF AUTHORITY.  (a)  This chapter applies only to the regulation of mold-related activities that affect indoor air quality, including a mold-related activity performed by a third party for compensation at a property owned or operated by a governmental entity.
(b)  This chapter does not apply to:
(1)  the following activities when not conducted for the purpose of mold assessment or mold remediation:
(A)  routine cleaning;
(B)  the diagnosis, repair, cleaning, or replacement of plumbing, heating, ventilation, air conditioning, electrical, or air duct systems or appliances;
(C)  commercial or residential real estate inspections;  and
(D)  the incidental discovery or emergency containment of potential mold contamination during the conduct or performance of services listed in this subsection;
(2)  the repair, replacement, or cleaning of construction materials during the building phase of the construction of a structure;
(3)  the standard performance of custodial activities for, preventive maintenance of, and the routine assessment of property owned or operated by a governmental entity;  or
(4)  a pest control inspection conducted by a person regulated under Chapter 1951.
Added by Acts 2003, 78th Leg., ch. 205, Sec. 1, eff. Sept. 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 1958 - Mold Assessors and Remediators › Subchapter A. -1. Advisory Board › Section 1958.031. Advisory Board Membership

Sec. 1958.031.  ADVISORY BOARD MEMBERSHIP.  (a)  The Mold Assessment and Remediation Advisory Board consists of 11 members appointed by the presiding officer of the commission, with the approval of the commission, as follows:
(1)  three members who are licensed and engage in mold assessment as consultants;
(2)  three members who are licensed and engage in mold remediation as contractors;
(3)  two members who are building contractors principally engaged in home construction and who are members of a statewide building trade association;
(4)  one member who is a representative of the insurance industry;
(5)  one member who is a representative of an accredited mold training provider; and
(6)  one member who represents the public.
(b)  Appointments to the advisory board shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointee.
(c)  Chapter 2110, Government Code, does not apply to the composition or duration of the advisory board or to the appointment of the advisory board's presiding officer.
Added by Acts 2023, 88th Leg., R.S., Ch. 282 (S.B. 1213), Sec. 2, 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 1958 - Mold Assessors and Remediators › Subchapter A. -1. Advisory Board › Section 1958.032. Terms; Vacancy

Sec. 1958.032.  TERMS; VACANCY.  (a)  Members of the advisory board serve staggered six-year terms, with the terms of three or four members expiring on February 1 of each odd-numbered year.
(b)  If a vacancy occurs during a member's term, the presiding officer of the commission, with the approval of the commission, shall appoint a replacement who meets the qualifications for the vacant position to serve for the remainder of the term.
Added by Acts 2023, 88th Leg., R.S., Ch. 282 (S.B. 1213), Sec. 2, 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 1958 - Mold Assessors and Remediators › Subchapter A. -1. Advisory Board › Section 1958.033. Presiding Officer

Sec. 1958.033.  PRESIDING OFFICER.  The presiding officer of the commission, with the approval of the commission, shall appoint one of the advisory board members to serve as presiding officer of the advisory board for a term of one year.
Added by Acts 2023, 88th Leg., R.S., Ch. 282 (S.B. 1213), Sec. 2, eff. May 29, 2023.