reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 35 - PRIVATE SECURITY › Subchapter L - TRAINING › Section 35.143 - Training Instructor Approval

Current through Reg. 49, No. 28; July 12, 2024
(a) An application
				  for approval as a training instructor shall contain evidence of qualification
				  as required by the department. Instructors may be approved for classroom,
				  self-defense, or firearm training, or any combination of the three. To qualify
				  for classroom, self-defense, or firearm instructor approval, the applicant must
				  submit acceptable documentation of training for each category.
(b) The items detailed in this subsection may
				  constitute proof of qualification as a classroom instructor for security
				  officers:
(1) An instructor's certificate
				  issued by Texas Commission on Law Enforcement (TCOLE);
(2) An instructor's certificate issued by
				  federal, state, or political subdivision law enforcement agency approved by the
				  department;
(3) An instructor's
				  certificate issued by the Texas Education Agency (TEA);
(4) An instructor's certificate relating to
				  law enforcement, private security, or industrial security issued by a junior
				  college, college, or university; or
(5) A license to carry handgun instructor
				  certificate issued by the department.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 35 - PRIVATE SECURITY › Subchapter L - TRAINING › Section 35.144 - Training Manuals and Examinations for Commissioned Security Officer and Personal Protection Officer

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  most current version of department's training manuals shall be used by all
				  department approved Level III and Level IV training schools.
(b) All students of a Level III or Level IV
				  training school shall be tested with the most current version examination
				  prepared by and obtained from the department.
(c) The passing grade of all examinations
				  shall be a minimum of 75% correct answers.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 35 - PRIVATE SECURITY › Subchapter L - TRAINING › Section 35.145 - Handgun Course

Current through Reg. 49, No. 28; July 12, 2024
(a) In addition to
				  the firearm qualification requirements as set forth in the Act, a department
				  approved firearm training instructor may qualify a student by using:
(1) The Texas Department of Public Safety
				  Primary Issued Handgun Qualification Course; or
(2) The Texas Department of Public Safety
				  Approved License to Carry Handgun License Course.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 35 - PRIVATE SECURITY › Subchapter L - TRAINING › Section 35.146 - Shotgun Course of Fire

Current through Reg. 49, No. 28; July 12, 2024
(a) Any
				  commissioned security officer licensed by the department who, in the
				  performance of his/her duties, has a shotgun available to assist in the
				  protection of life or property must demonstrate proficiency to a department
				  approved firearms training instructor by successfully completing the course of
				  fire for shotgun training. The course of fire shall consist of nine rounds of
				  nine (9) pellet "00" buckshot (no slugs) fired as detailed in this section:
(1) From a standing position at a distance of
				  fifteen (15) yards, three (3) rounds of "00" buckshot in twelve (12)
				  seconds;
(2) From a standing
				  position at a distance of ten (10) yards, three (3) rounds of "00" buckshot in
				  ten (10) seconds;
(3) From a
				  standing position at a distance of five (5) yards, three (3) rounds of "00"
				  buckshot in ten (10) seconds; or
(4) An alternate course of fire may be
				  approved by the director upon receipt of written application.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 35 - PRIVATE SECURITY › Subchapter L - TRAINING › Section 35.147 - Certificates of Completion, Training Records, and Notifications

Current through Reg. 49, No. 28; July 12, 2024
(a) A department approved training school
				  shall:
(1) Issue an original certificate of
				  completion to each qualifying student within seven (7) days after the student
				  qualifies;
(2) Maintain adequate
				  records to show attendance, progress and grades of students and maintain on
				  file a copy of each certificate issued to students at the department approved
				  training school;
(3) Make all
				  required records available to investigators employed by the department for
				  inspection during reasonable business hours; and
(4) Retain all training records for
				  twenty-four (24) months from the date of completion of training.
(5) Notify each applicant or enrollee of the
				  potential ineligibility of an individual who has been convicted of an offense,
				  the current guidelines provided in §
											35.4
				  of this title (relating to Guidelines for Disqualifying Criminal Offenses), and
				  the right to request a criminal history evaluation letter under Occupations
				  Code, §
											53.102.
				  As provided in Occupations Code, §
											53.153,
				  failure to comply with this subsection may result in an order to refund tuition
				  paid and reimburse the individual's application and training fees. Failure to
				  comply with an order to refund tuition or reimburse fees may result in
				  suspension of the school license until payment is made, pursuant to
				  §1702.361 of the Act. The figure in this paragraph provides the
				  recommended text of the notice. Direct communication of this text to the
				  prospective applicant, whether by email or other correspondence, or on the
				  application for admission to a course, is sufficient to establish compliance
				  with this section.
Attached
					 Graphic
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 35 - PRIVATE SECURITY › Subchapter M - CONTINUING EDUCATION › Section 35.162 - Continuing Education Schools

Current through Reg. 49, No. 28; July 12, 2024
(a) Except
				  as otherwise provided by this subchapter, all continuing education credits must
				  be earned through department approved continuing education schools.
(b) All department approved continuing
				  education schools shall comply with paragraphs (1) - (7) of this subsection:
(1) Each school must identify to the
				  department a school director as its agent responsible for ensuring the school's
				  compliance with this subchapter, including the maintenance of attendance
				  records, the provision of such records to department personnel upon request,
				  and the verification of curricula and instructors' qualifications. The failure
				  of this individual to perform these duties or to otherwise comply with this
				  subchapter may result in the cancellation of the school's certificate of
				  approval and the rejection of claims for continuing education credit obtained
				  from that school.
(2) School
				  attendance records shall include:
(A)
				  Subjects taught in each course of instruction;
(B) Total hours of each course of instruction
				  and the hours instructed on each subject;
(C) Date of instruction;
(D) Name, license number, and date(s) of
				  attendance for each individual that attended a course of instruction;
				  and
(E) Name and qualifications of
				  instructor.
(3) Schools
				  shall issue certificates of attendance to licensees attending a course of
				  instruction. The certificates of attendance shall contain the name and license
				  number of the attendee, the date of attendance, the number of hours of
				  attendance, and the course(s) of instruction attended. Each certificate shall
				  be signed and dated by the school director.
(4) Schools shall maintain all records
				  required by this section for a period of two (2) years.
(5) The school shall provide copies of all
				  records required under this subchapter to the department upon
				  request.
(6) The school director
				  shall verify that the curriculum of each continuing education course offered is
				  in compliance with this chapter.
(7) The school director shall verify the
				  qualifications of each instructor.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 35 - PRIVATE SECURITY › Subchapter N - EXEMPTIONS › Section 35.171 - Unlicensed General Contractors or Other Intermediaries

Current through Reg. 49, No. 28; July 12, 2024
An unlicensed general contractor or other intermediary may
					 not offer to provide and may not provide a regulated service unless the
					 contract expressly includes:
(1) The
				  offer, bid, or proposal and any related advertisements must clearly and
				  conspicuously state that the general contractor or broker is not licensed to
				  perform the service in question and that the regulated service is to be
				  provided exclusively by a licensed party;
(2) The contract and any bid or offer to
				  perform a regulated service must identify the licensee by name and license
				  number;
(3) The licensed
				  subcontractor must be an express party to the contract; and
(4) The contract must clearly and
				  conspicuously provide that the licensee is fully responsible for the regulated
				  service and that the unlicensed general contractor will have no involvement in
				  the regulated service.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 35 - PRIVATE SECURITY › Subchapter N - EXEMPTIONS › Section 35.172 - Certain Locksmith Services

Current through Reg. 49, No. 28; July 12, 2024
(a) An
				  owner or employee of a retail establishment open to the general public may
				  perform work on a mechanical security device within the confines of the
				  establishment, provided the work is limited to servicing products sold by the
				  establishment, or duplicating keys.
(b) The installation of a pre-keyed lockset
				  may be performed by an unlicensed person, so long as the installer is hired
				  directly by the recipient of the service, is not employed by or under contract
				  with the retail establishment from which the lockset was purchased and the
				  installation involves no rekeying or other internal manipulation of the locking
				  mechanism or of any existing mechanical security devices.
(c) Repossession agents who are exclusively
				  engaged in the business of repossession are exempted from licensure under the
				  Act while using their own equipment and employees to decode or make keys, or to
				  install or repair locks for the property repossessed. Any third party
				  contractor engaged to perform such services must be licensed as a
				  locksmith.
(d) The exemptions
				  listed in subsection (a), (b), or (c) of this section apply only if the person
				  does not use the term "locksmith" or any similar term, or otherwise create the
				  impression to a reasonable consumer that the person is a licensed
				  locksmith.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 35 - PRIVATE SECURITY › Subchapter N - EXEMPTIONS › Section 35.173 - Electronic Access Control Device

Current through Reg. 49, No. 28; July 12, 2024
This chapter does not apply to manufacturers,
					 manufacturers' distributors, or installers of electronic access control devices
					 whose sole intended purpose is to provide the public with convenient and
					 unrestricted access, such as automatic pedestrian doors.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 35 - PRIVATE SECURITY › Subchapter O - MILITARY SERVICE MEMBERS, MILITARY VETERANS, AND MILITARY SPOUSES - SPECIAL CONDITIONS › Section 35.181 - Exemptions from Penalty for Failure to Renew in Timely Manner

Current through Reg. 49, No. 28; July 12, 2024
An individual who holds a license issued under the Act is
					 exempt from any increased fee or other penalty for failing to renew the license
					 in a timely manner if the individual establishes to the satisfaction of the
					 department the individual failed to renew the license in a timely manner
					 because the individual was serving as a military service
					 member.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 35 - PRIVATE SECURITY › Subchapter O - MILITARY SERVICE MEMBERS, MILITARY VETERANS, AND MILITARY SPOUSES - SPECIAL CONDITIONS › Section 35.182 - Extension of License Renewal Deadlines for Military Service Members

Current through Reg. 49, No. 28; July 12, 2024
A military service member who holds a license issued under
					 the Act is entitled to two (2) years of additional time to complete:
(1) Any continuing education requirements;
				  and
(2) Any other requirement
				  related to the renewal of the military service member's license.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 35 - PRIVATE SECURITY › Subchapter O - MILITARY SERVICE MEMBERS, MILITARY VETERANS, AND MILITARY SPOUSES - SPECIAL CONDITIONS › Section 35.183 - Alternative Licensing for Military Service Members, Military Veterans, and Military Spouses

Current through Reg. 49, No. 28; July 12, 2024
(a) An individual
				  who is a military service member, military veteran, or military spouse may
				  apply for a license under this section if the individual:
(1) Holds a current license issued by another
				  jurisdiction with licensing requirements substantially equivalent to the Act's
				  requirements for the license; or
(2) Within the five (5) years preceding the
				  application date held the license in this state.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 35 - PRIVATE SECURITY › Subchapter O - MILITARY SERVICE MEMBERS, MILITARY VETERANS, AND MILITARY SPOUSES - SPECIAL CONDITIONS › Section 35.184 - Credit for Military Experience and Training

Current through Reg. 49, No. 28; July 12, 2024
(a) Verified military service, training, or
				  education that relates to the commission or license for which a military
				  service member or military veteran has applied will be credited toward the
				  respective experience or training requirements.
(b) This section does not apply to an
				  applicant who:
(1) Holds a restricted license
				  issued by another jurisdiction; or
(2) Is ineligible for the license under the
				  Act or this chapter, based on a disqualifying criminal history.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 35 - PRIVATE SECURITY › Subchapter O - MILITARY SERVICE MEMBERS, MILITARY VETERANS, AND MILITARY SPOUSES - SPECIAL CONDITIONS › Section 35.185 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
For purposes of this subchapter, the terms 'military
					 service member', 'military veteran', and 'military spouse' have the meanings
					 provided in Texas Occupations Code, §
										55.001.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 36 - METALS RECYCLING ENTITIES › Subchapter A - GENERAL PROVISIONS › Section 36.1 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The terms in this section have the following meanings when
					 used in this chapter unless the context clearly indicates otherwise:
(1) Act--Texas Occupations Code, Chapter
				  1956.
(2) Advisory letter--An
				  informational notification of an alleged minor violation of statute or
				  administrative rule for which no disciplinary action is proposed.
(3) Applicant--A person who has applied for
				  registration under the Act.
(4)
				  Business owner--A sole proprietor, partner, member, or other individual with a
				  financial interest in the entity.
(5) Commission--The Public Safety
				  Commission.
(6) Controlling
				  interest--More than 50% ownership interest in the entity.
(7) Department--The Texas Department of
				  Public Safety.
(8) Immediate family
				  member--A parent, child, sibling, or spouse.
(9) Military service member, military
				  veteran, and military spouse--Have the meanings provided in Texas Occupations
				  Code, §
										55.001.
(10) On-site representative--An individual
				  responsible for the day-to-day operation of the location.
(11) Person--A corporation, organization,
				  agency, business trust, estate, trust, partnership, association, holder of a
				  certificate of registration, an individual, or any other legal
				  entity.
(12) Personal
				  identification document--Has the meanings provided by Texas Occupations Code,
				  §
										1956.001(8)
				  of the Act.
(13) Program--Texas
				  Metals Program.
(14) Registrant--A
				  person who holds a certificate of registration under the Act.
(15) Revocation--The withdrawal of authority
				  to act as a metal recycling entity under the Act.
(16) Statutory agent--The natural person to
				  whom any legal notice may be delivered for each location.
(17) Suspension--A temporary cessation of the
				  authority to act as a metal recycling entity under the Act.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 36 - METALS RECYCLING ENTITIES › Subchapter A - GENERAL PROVISIONS › Section 36.2 - Notice

Current through Reg. 49, No. 28; July 12, 2024
(a) The department is entitled to rely on the
				  mailing and electronic mail address currently on file for all purposes relating
				  to notification. The failure to maintain a current mailing and electronic mail
				  address with the department is not a defense to any action based on the
				  registrant's, statutory agent's, or applicant's failure to respond.
(b) Service upon the registrant, applicant or
				  statutory agents of notice is complete and receipt is presumed upon the date
				  the notice is sent, if sent before 5:00 p.m. by facsimile or electronic mail,
				  and the department receives confirmation of the transmission. If the notice is
				  received after 5:00 p.m. or on a weekend or holiday, it is considered received
				  on the next business day. Receipt is presumed three (3) days following the date
				  sent, if by regular United States mail.
(c) The department shall notify the applicant
				  of the denial of an application for a certificate of registration or renewal
				  application for a certificate of registration and the registrant or statutory
				  agent of advisory letters, reprimands, suspensions, or revocations of
				  certificates of registration by certified mail, return receipt
				  requested.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 36 - METALS RECYCLING ENTITIES › Subchapter A - GENERAL PROVISIONS › Section 36.3 - Address on File

Current through Reg. 49, No. 28; July 12, 2024
(a) All registrants
				  or applicants at all times shall maintain on file with the department their
				  current mailing and principal place of business address. The principal place of
				  business address must be a physical address and may not be a post office
				  box.
(b) The current mailing
				  address for a statutory agent at all times shall be on file with the
				  department.
(c) All registrants,
				  applicants, and statutory agents at all times shall maintain on file with the
				  department a current and valid electronic mail address.
(d) All registrants, applicants, and
				  statutory agents shall notify the department of any change of their mailing or
				  electronic mail address using the department's online application prior to the
				  effective date of the change of address.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 36 - METALS RECYCLING ENTITIES › Subchapter A - GENERAL PROVISIONS › Section 36.4 - Forms

Current through Reg. 49, No. 28; July 12, 2024
(a) All forms required by the department must
				  be completed legibly and in English.
(b)Except as provided in subsection (c) of
				  this section, information submitted pursuant to the requirements of §
										1956.0382(b)
				  or §
										1956.032(a)(3)(B)
				  of the Act must be on a department approved form.
(c) In lieu of a form required by subsection
				  (b) of this section, a person may submit to the department a waiver requesting
				  approval to use an alternative form that contains information substantially
				  consistent with that required by subsection (b) of this section.
(d) The name or State Seal of Texas or the
				  name or seal of the Texas Department of Public Safety shall not be displayed on
				  any alternative form.
(e) The
				  digital photograph required on a form pursuant to §
										1956.0382(b)
				  of the Act must be in color.
(f) A
				  waiver to use an alternative form must be submitted in a manner prescribed by
				  the department.
(g) A person is not
				  authorized to use an alternative form described in subsection (c) of this
				  section without first obtaining written approval of the department.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 36 - METALS RECYCLING ENTITIES › Subchapter B - CERTIFICATE OF REGISTRATION › Section 36.11 - Application for Certificate of Registration

Current through Reg. 49, No. 28; July 12, 2024
(a) A certificate of
				  registration may only be obtained through the department's online application
				  process.
(b) The application for
				  certificate of registration must include, but is not limited to:
(1) Criminal history disclosure of all
				  convictions for the owner with a controlling interest in the business, or if no
				  owner has a controlling interest in the business, for the entity's on-site
				  representative;
(2) Proof of
				  ownership and current status as required by the department, including but not
				  limited to, a current Certificate of Existence or Certificate of Authority from
				  the Texas Office of the Secretary of State and a Certificate of Good Standing
				  from the Texas Comptroller of Public Accounts;
(3) All fees required pursuant to §
											36.17 of this title (relating to
				  Fees);
(4) Proof of training
				  pursuant to §
											36.34 of this title (relating to
				  Texas Metals Program Recycler Training);
(5) A statutory agent disclosure pursuant to
				  §
											36.12 of this title (relating to
				  Statutory Agent Disclosure);
(6)
				  The physical address of the fixed location at which the applicant will conduct
				  regulated metal recycling activities; and
(7) If the applicant's business activity
				  involves catalytic converters removed from motor vehicles, a declaration on the
				  approved department form stating:
(A) whether
				  the applicant will engage in a business activity that involves the conversion
				  of catalytic converters removed from motor vehicles into raw material products
				  by a method that in part requires the use of powered tools and equipment or the
				  use of such raw material products in the manufacture of producer or consumer
				  goods;
(B) whether the applicant
				  will purchase or otherwise acquire catalytic converters removed from motor
				  vehicles for the eventual use of the metal for purposes of the aforementioned
				  business activities but will not actually engage in those activities;
				  or
(C) that the applicant will deal
				  only incidentally with catalytic converters removed from motor
				  vehicles.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 36 - METALS RECYCLING ENTITIES › Subchapter B - CERTIFICATE OF REGISTRATION › Section 36.12 - Statutory Agent Disclosure

Current through Reg. 49, No. 28; July 12, 2024
(a) Statutory agent
				  disclosure information must be submitted by all applicants for each location at
				  which the applicant is seeking to conduct business. Each person applying for a
				  certificate of registration must designate a natural person as the statutory
				  agent and provide a physical address where that natural person may be located.
				  This address may not be a post office box.
(b) Modification of the statutory agent
				  disclosure information must be submitted using the department's online
				  application and all required fees must be paid pursuant to §
										36.17 of this
				  title (relating to Fees), prior to the effective date of the change.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 36 - METALS RECYCLING ENTITIES › Subchapter B - CERTIFICATE OF REGISTRATION › Section 36.13 - Change in Ownership

Current through Reg. 49, No. 28; July 12, 2024
(a) The department
				  must be notified of any change in ownership structure or registrant status
				  within five (5) business days of the effective date of the change. Notification
				  must be through the department's online application. All fees required pursuant
				  to §
										36.17 of this
				  title (relating to Fees) must be paid at the time of notification.
(b) The registrant must submit amended proof
				  of ownership and status as required by the department.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 36 - METALS RECYCLING ENTITIES › Subchapter B - CERTIFICATE OF REGISTRATION › Section 36.14 - Application Review

Current through Reg. 49, No. 28; July 12, 2024
(a) If an
				  incomplete application is received, the applicant will be notified of the
				  deficiency and provided twenty (20) calendar days after receipt of notice to
				  submit the missing information. If an applicant fails to furnish the missing
				  information within twenty (20) calendar days, the application will be rejected
				  as incomplete.
(b) An application
				  is complete when:
(1) It contains all of the
				  items required pursuant to §
											36.11
				  of this title (relating to Application for Certificate of
				  Registration);
(2) It conforms to
				  the Act, this chapter, and the program's instructions;
(3) All fees have been paid pursuant to
				  §
											36.17 of this
				  title (relating to Fees);
(4) All
				  requests for additional information have been satisfied; and
(5) Proof of training has been completed
				  pursuant to §
											36.34
				  of this title (relating to Texas Metals Program Recycler Training).
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 36 - METALS RECYCLING ENTITIES › Subchapter B - CERTIFICATE OF REGISTRATION › Section 36.15 - Term of Certificate of Registration

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  A certificate of registration is valid for two (2) years from the date of
				  issuance.
(b) A person whose
				  certificate of registration has expired may not act as a metal recycling
				  entity, represent to the public that the person is a metal recycling entity, or
				  perform collections until the certificate has been renewed.
(c) A registrant must display a copy of the
				  current, certificate of registration in a manner clearly visible to anyone
				  authorized to inspect pursuant to §
										1956.035(b)(2)
				  of the Act.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 36 - METALS RECYCLING ENTITIES › Subchapter B - CERTIFICATE OF REGISTRATION › Section 36.16 - Renewal of Certificate of Registration

Current through Reg. 49, No. 28; July 12, 2024
(a) To renew a certificate of registration,
				  an application for renewal and the appropriate renewal fee must be submitted
				  prior to the certificate's expiration date but not more than forty-five (45)
				  days before the expiration date of the current certificate of
				  registration.
(b) A certificate of
				  registration that has been expired less than one (1) year may be renewed by
				  submitting an application for renewal and the appropriate renewal fee pursuant
				  to §
										36.17 of this
				  title (relating to Fees).
(c) A
				  certificate of registration that has expired for one (1) year or more may not
				  be renewed. An application for a new certificate of registration must be
				  submitted according to the procedures pursuant to §
										36.11
				  of this title (relating to Application for Certificate of Registration) and by
				  paying the appropriate fees pursuant to §
										36.17 of this
				  title.
(d) To renew a certificate
				  of registration, registrants must submit proof of training pursuant to §
										36.34
				  of this title (relating to Texas Metals Program Recycler Training). The
				  department may waive this requirement if there have been no significant updates
				  since the previous training.
(e)
				  Except as authorized pursuant to §
										36.42
				  of this title (relating to Extension of Registration Renewal Deadlines for
				  Military Service Members) no extension for registration renewal is
				  authorized.
(f) An applicant for a
				  renewal of certificate of registration that is expired is not authorized to
				  engage in any activity for which a registration is required prior to being
				  issued a renewal certificate of registration by the department. Violation of
				  this subsection may result in the denial of the renewal application.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 36 - METALS RECYCLING ENTITIES › Subchapter B - CERTIFICATE OF REGISTRATION › Section 36.17 - Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) The department has prescribed the
				  following non-refundable fees for purposes of administering the Act:
(1) Initial application. A $500 fee is
				  assessed for each application for a new certificate of registration. Applicants
				  conducting business at more than one (1) location must apply for a new
				  certificate of registration and submit a $500 fee for each location.
(2) Statutory agent disclosure. A $10 fee is
				  assessed each time statutory agent disclosure information is filed, without an
				  initial application or application for renewal.
(3) Change in ownership. A $10 fee is
				  assessed each time change of ownership information is filed, without an initial
				  application or application for renewal.
(4) Renewal certificate of registration. A
				  $500 fee is assessed for each location renewing a certificate of registration
				  in accordance with §
											36.16
				  of this title (relating to Renewal of Certificate of Registration). A
				  certificate of registration that has been expired for ninety (90) days or less
				  may be renewed by submitting a renewal application using the department's
				  online application and by paying $750. A certificate of registration that has
				  been expired for more than ninety (90) days but less than one (1) year may be
				  renewed by submitting a renewal application using the department's online
				  application and by paying $1,000.
(5) Add or change location. A $500 fee is
				  assessed each time a metal recycling entity adds or changes a fixed
				  location.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 36 - METALS RECYCLING ENTITIES › Subchapter B - CERTIFICATE OF REGISTRATION › Section 36.18 - Adding or Changing Locations

Current through Reg. 49, No. 28; July 12, 2024
To conduct business at a new or additional location a
					 registrant must apply for a certificate of registration for each location, pay
					 all fees required pursuant to §
										36.17 of this
					 title (relating to Fees), and obtain a certificate of registration pursuant to
					 §
										36.11
					 (relating to Application for Certificate of Registration) for each
					 location.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 36 - METALS RECYCLING ENTITIES › Subchapter C - PRACTICE BY CERTIFICATE HOLDERS AND REPORTING REQUIREMENTS › Section 36.31 - Reporting Requirements

Current through Reg. 49, No. 28; July 12, 2024
The statutorily required reports must include the physical
					 address of the individual from whom the regulated material is purchased . This
					 address must not be a post office box.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 36 - METALS RECYCLING ENTITIES › Subchapter C - PRACTICE BY CERTIFICATE HOLDERS AND REPORTING REQUIREMENTS › Section 36.32 - Exemption from Electronic Reporting

Current through Reg. 49, No. 28; July 12, 2024
(a) A metal
				  recycling entity unable to comply with the electronic reporting requirements
				  may request an exemption from the requirement. The request must be in the form
				  of an affidavit stating the entity does not have an available and reliable
				  means of submitting the transaction report electronically. In addition, the
				  request must clearly describe the metal recycling entity's technological
				  inadequacies, explain why those inadequacies cannot be remedied, and include
				  documentation establishing the financial hardship associated with
				  compliance.
(b) If an exemption is
				  granted, the entity must file reportable transactions with the department on an
				  approved form. The exemption will remain in effect for no longer than twelve
				  (12) months, beginning the first (1st) day of the month following the month the
				  exemption was granted. A new exemption must be requested annually in
				  writing.
(c) The department may
				  rescind an exemption if the reasons underlying the exemption no longer
				  exist.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 36 - METALS RECYCLING ENTITIES › Subchapter C - PRACTICE BY CERTIFICATE HOLDERS AND REPORTING REQUIREMENTS › Section 36.33 - Documentation on Fire-Salvaged Insulated Communications Wire

Current through Reg. 49, No. 28; July 12, 2024
Pursuant to §
										1956.032(a)(5)
					 and (h) of the Act, a person attempting to sell insulated communications wire
					 that has been burned wholly or partly to remove the insulation must display to
					 the purchasing metal recycling entity documentation of the seller's ownership
					 of the property at which the fire occurred or an affidavit from the owner
					 reflecting the owner's consent for the material to be removed and
					 sold.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 36 - METALS RECYCLING ENTITIES › Subchapter C - PRACTICE BY CERTIFICATE HOLDERS AND REPORTING REQUIREMENTS › Section 36.34 - Texas Metals Program Recycler Training

Current through Reg. 49, No. 28; July 12, 2024
Before receiving a certificate of registration pursuant to
					 §
										36.11
					 of this title (relating to Application for Certificate of Registration) or
					 renewal of certificate of registration pursuant to §
										36.16
					 of this title (relating to Renewal of Certificate of Registration), all
					 applicants and registrants, or their on-site representative, must
					 satisfactorily complete the department's Texas Metals Program Recycler
					 Training. A copy of the proof of training for registrants, or their on-site
					 representative, must be maintained at the place of business and available for
					 inspection by anyone authorized to inspect pursuant to §1956.035(b)(2) of
					 the Act.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 36 - METALS RECYCLING ENTITIES › Subchapter C - PRACTICE BY CERTIFICATE HOLDERS AND REPORTING REQUIREMENTS › Section 36.35 - Payment by Metal Recycling Entity

Current through Reg. 49, No. 28; July 12, 2024
A check or money order issued to a seller pursuant to
					 §
										1956.0381(a)(3)
					 or §1956.0381(a)(4) of the Act must not be cashed by a metal recycling
					 entity or at a metal recycling entity location.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 36 - METALS RECYCLING ENTITIES › Subchapter C - PRACTICE BY CERTIFICATE HOLDERS AND REPORTING REQUIREMENTS › Section 36.36 - Standards of Conduct

Current through Reg. 49, No. 28; July 12, 2024
(a) Pursuant to
				  §1956.035 of the Act, a metal recycling entity, and any individuals acting
				  on behalf of the entity, shall cooperate fully with any investigation or
				  inspection conducted by a peace officer, a representative of the department, or
				  a representative of a county, municipality, or political subdivision that
				  issues a license or permit under §1956.003(b) of the Act.
(b) Pursuant to §1956.035 of the Act, a
				  metal recycling entity shall permit access during normal business hours to a
				  person authorized to inspect.
(c) A
				  metal recycling entity must not purchase, sell, or possess an explosive device,
				  as defined by §1956.001(6-a) of the Act.
(d) If convicted of a disqualifying offense
				  pursuant to §
										36.55 of
				  this title (relating to Disqualifying Offenses), an applicant or registrant
				  shall notify the department within seventy-two (72) hours of the conviction.
				  Notification shall be made in a manner prescribed by the department.
(e) Any violation of subsection (a) - (d) of
				  this section by a business owner, or on-site representative will be construed
				  as a violation by the registrant.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 36 - METALS RECYCLING ENTITIES › Subchapter C - PRACTICE BY CERTIFICATE HOLDERS AND REPORTING REQUIREMENTS › Section 36.37 - Cash Transaction Card

Current through Reg. 49, No. 28; July 12, 2024
(a) In addition to
				  the requirements pursuant to §
										1956.0382(d)
				  of the Act, a cash transaction card must be laminated or made of a rigid
				  plastic or other durable material that will preserve the legibility of the
				  information contained on the card. All information on the card must be legible
				  and in English.
(b) The name of the
				  metal recycling entity issuing the card and their state issued registration
				  number must be included on the front of the card.
(c)The Texas state seal or the name or
				  insignia of the department must not be displayed as part of a cash transaction
				  card other than such items prepared or issued by the department.
(d) The digital photograph required pursuant
				  to §
										1956.0382(d)(2)
				  of the Act, must be the same digital photograph required pursuant to §
										1956.0382(b)(3)
				  and it must be in color.
(e) A cash
				  transaction card required by a local law, regulation, or ordinance consistent
				  with §
										1956.0382(d)
				  of the Act that is issued subsequent to the effective date of this section must
				  comply with this section. Any such card issued prior to the effective date of
				  this section need not comply with this section so long as it remains valid and
				  has not expired, unless more than two (2) years have passed since the date of
				  issuance.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 36 - METALS RECYCLING ENTITIES › Subchapter C - PRACTICE BY CERTIFICATE HOLDERS AND REPORTING REQUIREMENTS › Section 36.38 - Marking of Catalytic Converters

Current through Reg. 49, No. 28; July 12, 2024
A metal recycling entity shall mark each catalytic
					 converter purchased by the entity with a unique number that identifies the
					 entity, the date, and the individual transaction. The number may consist of a
					 combination of numbers and letters, and must be legibly and permanently marked
					 with an industrial paint pen or marker in numbers at least one inch
					 high.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 36 - METALS RECYCLING ENTITIES › Subchapter D - MILITARY EXEMPTIONS › Section 36.41 - Military Exemption from Penalty for Failure to Renew in Timely Manner

Current through Reg. 49, No. 28; July 12, 2024
A person who holds a certificate of registration issued
					 under the Act is exempt from any increased fee or other penalty imposed by the
					 department for failing to renew the certificate of registration in a timely
					 manner, if the person establishes to the satisfaction of the department the
					 person failed to renew the certificate of registration in a timely manner
					 because the person was serving as a military service member.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 36 - METALS RECYCLING ENTITIES › Subchapter D - MILITARY EXEMPTIONS › Section 36.42 - Extension of Registration Renewal Deadlines for Military Service Members

Current through Reg. 49, No. 28; July 12, 2024
A military service member who holds a certificate of
					 registration issued under the Act is entitled to two (2) years of additional
					 time to complete any requirement related to the renewal of the military service
					 member's certificate of registration.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 36 - METALS RECYCLING ENTITIES › Subchapter D - MILITARY EXEMPTIONS › Section 36.43 - Alternative Registration Procedures for Military Service Members, Military Veterans, and Military Spouses

Current through Reg. 49, No. 28; July 12, 2024
An applicant who is a military service member, military
					 veteran, or military spouse may apply for a certificate of registration under
					 this section if the applicant:
(1)
				  Establishes to the satisfaction of the department that the applicant holds a
				  current certificate of registration or the equivalent issued by another
				  jurisdiction with requirements substantially equivalent to the Act's
				  requirements for the certificate of registration; or
(2) Within the five (5) years preceding the
				  application date held the certificate of registration in this state.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 36 - METALS RECYCLING ENTITIES › Subchapter D - MILITARY EXEMPTIONS › Section 36.44 - Credit for Military Experience and Training

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Verified military service, training, or education that relates to registration
				  as a metal recycling entity will be credited toward the respective experience
				  or training requirements.
(b) This
				  section does not apply to an applicant who:
(1) holds a restricted licensed issued by
				  another jurisdiction; or
(2) is
				  ineligible for the registration or license under the Act or this chapter, based
				  on a disqualifying criminal history.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 36 - METALS RECYCLING ENTITIES › Subchapter E - DISCIPLINARY PROCEDURES AND ADMINISTRATIVE PROCEDURES › Section 36.51 - Denial of Application for Certificate of Registration

Current through Reg. 49, No. 28; July 12, 2024
(a) The department may deny an application
				  for a certificate of registration if:
(1) The
				  applicant attempts to obtain a certificate of registration by means of fraud,
				  misrepresentation, or concealment of a material fact;
(2) The applicant has sold, bartered, or
				  offered to sell or barter a certificate of registration;
(3) The applicant or, if applicable, the
				  applicant's on-site representative, is ineligible pursuant to §
											36.55 of
				  this title (relating to Disqualifying Offenses);
(4) The applicant's certificate of
				  registration was revoked within two (2) years prior to the date of application;
				  or
(5) The applicant operated a
				  metal recycling entity in violation of §1956.021 of the Act and, after
				  notice of the violation, failed to obtain a registration required by the
				  Act.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 36 - METALS RECYCLING ENTITIES › Subchapter E - DISCIPLINARY PROCEDURES AND ADMINISTRATIVE PROCEDURES › Section 36.53 - Revocation of a Certificate of Registration

Current through Reg. 49, No. 28; July 12, 2024
(a) The department may revoke a certificate
				  of registration if the owner with a controlling interest in the business or, if
				  no owner has a controlling interest in the business, the entity's on-site
				  representative:
(1) Commits multiple
				  violations of the same type pursuant to §
											36.52(a)
				  of this title (relating to Advisory Letters, Reprimands and Suspensions of a
				  Certificate of Registration);
(2)
				  Obtains a certificate of registration by means of fraud, misrepresentation, or
				  concealment of a material fact;
(3)
				  Sells, barters, or offers to sell or barter a certificate of
				  registration;
(4) Is convicted of a
				  disqualifying felony or misdemeanor offense pursuant to §
											36.55 of
				  this title (relating to Disqualifying Offenses); or
(5) Submits to the department a payment that
				  is dishonored, reversed, or otherwise insufficient or
				  invalid.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 36 - METALS RECYCLING ENTITIES › Subchapter E - DISCIPLINARY PROCEDURES AND ADMINISTRATIVE PROCEDURES › Section 36.54 - Recertification After Revocation

Current through Reg. 49, No. 28; July 12, 2024
(a) Except
				  as provided in subsection (b) of this section, a person whose certificate of
				  registration has been revoked may not be recertified earlier than two (2) years
				  from the date of revocation.
(b) A
				  person whose certificate of registration has been revoked for a dishonored or
				  reversed payment, as provided under §
										36.53(a)(5)
				  of this title (relating to Revocation of a Certificate of Registration), may
				  reapply at any time. Approval of the application is contingent upon receipt of
				  payment of the full amount due, including any additional processing fees
				  resulting from the prior dishonored or reversed payment.
(c) A person whose certificate of
				  registration has been revoked must follow the procedures pursuant to §
										36.11
				  of this title (relating to Application for Certificate of Registration) for new
				  applications including proof of training pursuant to §
										36.34
				  of this title (relating to Texas Metals Program Recycler Training).