Texas Occupations Code Title 12, Chapter 1956 - Metal Recycling Entities

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 1956.001 - Definitions
  In this chapter: (1) "Aluminum material" means a product made from aluminum, an aluminum alloy, or an aluminum by-product. The term includes aluminum wiring and...
• Texas Section 1956.002 - Exception
  This chapter does not apply to: (1) a purchase of regulated material from a public utility, a telecommunications provider as defined by Section 51.002, Utilities...
• Texas Section 1956.003 - Local Law; Criminal Penalty
  (a) A county, municipality, or political subdivision of this state may adopt a rule, charter, or ordinance or issue an order or impose standards that...

SUBCHAPTER A-1 POWERS AND DUTIES

• Texas Section 1956.004 - Civil Penalty
  (a) A person who owns or operates a metal recycling entity and does not hold a license or permit required by a county, municipality, or...
• Texas Section 1956.011 - Administration Of Chapter
  The department shall administer this chapter. Added by Acts 2007, 80th Leg., R.S., Ch. 1316 (S.B. 1154), Sec. 2, eff. September 1, 2007.
• Texas Section 1956.012 - Department Staff
  The department may employ administrative and clerical staff as necessary to carry out this chapter. Added by Acts 2007, 80th Leg., R.S., Ch. 1316 (S.B....
• Texas Section 1956.013 - Rules
  The commission may adopt rules to administer this chapter, including rules: (1) establishing minimum requirements for registration under this chapter; and (2) adopting forms required...
• Texas Section 1956.014 - Fees; Reports
  (a) The commission by rule shall prescribe fees in reasonable amounts sufficient to cover the costs of administering this chapter, including fees for: (1) an...
• Texas Section 1956.015 - Statewide Electronic Reporting System
  (a) The department shall establish a statewide electronic reporting system to track the sales of regulated metal reported to the department under Section 1956.036. (b)...
• Texas Section 1956.016 - Registration Database
  The department shall make available on its Internet website a publicly accessible list of all registered metal recycling entities. The list must contain the following...

SUBCHAPTER A-2 CERTIFICATE OF REGISTRATION

• Texas Section 1956.017 - Advisory Committee
  (a) The department shall establish an advisory committee to advise the department on matters related to the department's regulation of metal recycling entities under this...
• Texas Section 1956.021 - Registration Required
  A person may not act as a metal recycling entity or represent to the public that the person is a metal recycling entity unless the...
• Texas Section 1956.022 - Issuance Of Certificate; Qualifications
  (a) The department shall issue a certificate of registration to an applicant who: (1) applies and pays a registration fee; and (2) presents any relevant...
• Texas Section 1956.023 - Term Of Certificate
  (a) A certificate of registration is valid for two years after the date of issuance. (b) The department shall adopt a system under which certificates...

SUBCHAPTER A-3 PRACTICE BY CERTIFICATE HOLDERS

• Texas Section 1956.024 - Renewal Of Certificate
  (a) To renew a certificate of registration, a person must submit an application for renewal in the manner prescribed by the department. (b) A person...
• Texas Section 1956.031 - Notice To Sellers
  (a) A metal recycling entity shall at all times maintain in a prominent place in the entity's place of business, in open view to a...
• Texas Section 1956.032 - Information Regarding Seller
  (a) Except as provided by Subsection (f), a person attempting to sell regulated material to a metal recycling entity shall: (1) display to the metal...
• Texas Section 1956.033 - Record Of Purchase
  (a) Each metal recycling entity in this state shall keep an accurate electronic record or an accurate and legible written record of each purchase of...
• Texas Section 1956.0331 - Photograph Or Recording Requirement For Regulated Metal Transaction
  (a) In addition to the requirements of Sections 1956.032 and 1956.033, for each purchase by a metal recycling entity of an item of regulated metal,...
• Texas Section 1956.034 - Preservation Of Records
  A metal recycling entity shall preserve each record required by Sections 1956.032 and 1956.033 until the second anniversary of the date the record was made....
• Texas Section 1956.035 - Inspection Of Records
  (a) On request, a metal recycling entity shall permit a peace officer of this state, a representative of the department, or a representative of a...
• Texas Section 1956.036 - Furnishing Of Report To Department
  (a) Except as provided by Subsections (b) and (d), not later than the close of business on a metal recycling entity's second working day after...
• Texas Section 1956.037 - Placement Of Items On Hold
  (a) A metal recycling entity may not dispose of, process, sell, or remove from the premises an item of regulated metal unless: (1) the entity...
• Texas Section 1956.038 - Prohibited Acts
  (a) A person may not, with the intent to deceive: (1) display to a metal recycling entity a false or invalid personal identification document in...
• Texas Section 1956.0381 - Payment By Metal Recycling Entity
  (a) A metal recycling entity may pay for a purchase of regulated material only by: (1) cash if the seller has been issued a cash...
• Texas Section 1956.0382 - Cash Transaction Card
  (a) A metal recycling entity may pay a seller for a purchase of regulated material by cash or debit card only if, before the entity...
• Texas Section 1956.039 - Hours For Purchasing Material
  (a) Subject to Subsection (b), a county, municipality, or political subdivision may establish the hours during which a metal recycling entity may purchase regulated material....
• Texas Section 1956.040 - Criminal Penalty
  (a) A person commits an offense if the person knowingly violates Section 1956.038. An offense under this subsection is a Class A misdemeanor unless it...

SUBCHAPTER B SALE OF CRAFTED PRECIOUS METAL TO DEALERS

• Texas Section 1956.041 - Administrative Penalty
  (a) The commission, after notice and an opportunity for a hearing, may impose an administrative penalty on a person who violates Section 1956.036. (b) The...
• Texas Section 1956.051 - Definitions
  In this subchapter: (1) "Commission" means the Finance Commission of Texas. (2) "Commissioner" means the consumer credit commissioner. (3) "Crafted precious metal" means jewelry, silverware,...
• Texas Section 1956.0511 - Administration By Commission
  (a) Notwithstanding any other provision of this chapter, the commission shall administer and enforce this subchapter, unless the context clearly requires another state agency to...
• Texas Section 1956.052 - Applicability Of Subchapter
  This subchapter applies only to crafted precious metal that has been sold or used primarily for personal, family, or household purposes. Added by Acts 2001,...
• Texas Section 1956.053 - Exception: Precious Metal Extracted, Recovered, Or Salvaged From Industrial By-products Or Industrial Waste Products
  This subchapter does not apply to a person whose purchase or sale of precious metal or a product made of precious metal is merely incidental...
• Texas Section 1956.054 - Exception: Dental, Pharmaceutical, Or Medical Application Of Crafted Precious Metal
  This subchapter does not apply to a dental, pharmaceutical, or medical application of crafted precious metal. Added by Acts 2001, 77th Leg., ch. 1421, Sec....
• Texas Section 1956.055 - Exception: Crafted Precious Metal Acquired From Another Dealer Who Previously Made Required Reports
  This subchapter does not apply to crafted precious metal acquired in good faith in a transaction involving the stock-in-trade of another dealer who previously made...
• Texas Section 1956.056 - Exception: Crafted Precious Metal Acquired In Dissolution Or Liquidation Sale
  This subchapter does not apply to crafted precious metal acquired in a nonjudicial sale, transfer, assignment, assignment for the benefit of creditors, or consignment of...
• Texas Section 1956.057 - Exception: Crafted Precious Metal Acquired In Judicial Sale
  This subchapter does not apply to crafted precious metal acquired in a sale made: (1) by any public officer in the officer's official capacity as...
• Texas Section 1956.058 - Exception: Crafted Precious Metal Acquired As Payment For Other Crafted Precious Metal By Person In Business Of Selling To Consumers
  This subchapter does not apply to crafted precious metal acquired in good faith as part or complete payment for other crafted precious metal by a...
• Texas Section 1956.059 - Exception: Crafted Precious Metal Acquired From Or Reported To Governmental Agency
  This subchapter does not apply to crafted precious metal: (1) acquired as surplus property from the United States, a state, a subdivision of a state,...
• Texas Section 1956.060 - Exception: Crafted Precious Metal Acquired By Person Licensed Under Texas Pawnshop Act
  This subchapter does not apply to crafted precious metal acquired by: (1) a person licensed under Chapter 371, Finance Code; or (2) an entity affiliated...
• Texas Section 1956.061 - Effect On Other Laws And Ordinances
  This subchapter does not: (1) excuse noncompliance with another state law or municipal ordinance covering the reporting, holding, or releasing of crafted precious metal; (2)...
• Texas Section 1956.0611 - Rulemaking
  The commission may adopt rules necessary to implement and enforce this subchapter. Added by Acts 2011, 82nd Leg., R.S., Ch. 1298 (H.B. 2490), Sec. 4,...
• Texas Section 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...
• Texas Section 1956.0613 - Investigation By Commissioner
  The commissioner shall: (1) monitor the operations of a dealer to ensure compliance with this chapter; and (2) receive and investigate complaints against a dealer...
• Texas Section 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. The commissioner shall recite...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...

SUBCHAPTER C RESTRICTIONS ON SALE OF CERTAIN ITEMS TO METAL RECYCLING ENTITIES

• Texas Section 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...
• Texas Section 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...
• Texas Section 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.,...
• Texas Section 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...
• Texas Section 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...

SUBCHAPTER D DISCIPLINARY PROCEDURES

• Texas Section 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...
• Texas Section 1956.151 - Denial Of Certificate; Disciplinary Action
  The department shall deny an application for a certificate of registration, suspend or revoke a certificate of registration, or reprimand a person who is registered...
• Texas Section 1956.152 - Investigation
  Within the limits of available resources, the department may investigate: (1) a person who engages in a practice that violates this chapter; and (2) a...

SUBCHAPTER E OTHER PENALTIES AND ENFORCEMENT PROVISIONS

• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...

Last modified: September 28, 2016