Texas Administrative Code

(a) The private security profession is in a position of trust; it provides services to members of the public that involve access to confidential information, to private property, and to the more vulnerable and defenseless persons within our society. By virtue of their licenses, s…

(a) All company licenses are valid for one (1) year from the date of issuance and expire on the first anniversary of the date of issuance. (b) All individual licenses are valid for two (2) years from the date of issuance and expire on the second anniversary of the date of issuanc…

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. Notes 37 Tex. …

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 …

(a) All company representatives as defined in § 35.1 of this title (relating to Definitions) and as described in § 35.41 of this title (relating to Company Representative) must pass the written examination administered by the department. The minimum passing score is 70%. (b) Good…

(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…

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 …

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 registratio…

(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…

(a) The figure in this section reflects the department's penalty schedule applicable to administrative penalties imposed under this section. For any violation not expressly addressed in the penalty schedule, the department may impose a penalty not to exceed $500 for the first (1s…

(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 (…

(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 da…

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 administra…

(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 phys…

(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 …

(a) The department's findings following an informal hearing, or its determination following a settlement conference, may be appealed to the State Office of Administrative Hearings by submitting a request by mail, facsimile, or electronic mail, to the department in the manner prov…

(a) A person who receives notice of the department's intention to deny an application for a certificate of registration, to reprimand, suspend or revoke a certificate of registration, to prohibit the registrant from paying cash for a purchase of regulated material pursuant to §19…

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. Notes 37 Tex. Admin. Code § 36.35 Adopted by Texas Register, Volume 41, Number 02, Januar…

(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 §36.5…

(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 …

(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…

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 A…

(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 reg…

(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 b…

(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…

(a) Pursuant to Texas Occupations Code, § 53.021(a)(1) , the department may revoke a certificate of registration or deny an application for a certificate of registration if the applicant, the owner with a controlling interest in the business or, if applicable, the entity's on-sit…

(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, munici…

(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 ad…

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. Notes 37 Tex. Admin. Code § 36.31 Adopted by Texas Register, Volume 41, Number 02, January 8, 2016, Tex…

(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 r…

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 applica…

(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 b…

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 mark…

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 departme…

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. Notes 37 Tex. Admin. Code § 36.4…

(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 for…

The entry requirements are located in Chapter 51, § 51.9 of this title (relating to Exotic Livestock and Fowl). Notes 4 Tex. Admin. Code § 36.2 The provisions of this §36.2 adopted to be effective June 23, 2002, 27 TexReg 5168

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Camelidae--Members of the family of animals which includes camels, lamas, and vicunas. The domestic members of the genus lama includes …

The purpose of this subchapter is to implement Texas Health and Safety Code, Chapter 36, concerning the early identification of individuals from birth through 20 years of age who have special senses and communication disorders and who need remedial vision, hearing, speech, or lan…

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) American Academy of Pediatrics (AAP)--The AAP is a nationally recognized professional organization which issues recommended standard…

(a) Screening is required, for individuals who attend a facility, to detect vision disorders. Vision screening conducted under this subchapter by a person who is not a licensed professional, as the term is defined in this subchapter, must be conducted following the national stand…

(a) Screening is required, for individuals who attend a facility, to detect hearing disorders. Hearing screening under this subchapter must be conducted using screening methods and referral criteria, and in compliance with other requirements, as follows. (b) A person who is not a…

(a) The chief administrator of each facility shall ensure that each individual admitted to the facility complies with the screening requirements of this subchapter (including ensuring that any screening done is performed by a properly certified screener), according to the followi…

(a) Individuals conducting screenings under this subchapter must comply with the following recordkeeping and reporting requirements. (1) Individuals conducting screenings at the facility (and those other than licensed professionals conducting screenings outside of the facility) s…

(a) Individuals who conduct vision and/or hearing screening must be certified under this section unless the screening is conducted by a licensed professional. There are two options for obtaining this certification: a certificate issued directly by the department; or a certificate…

(a) Except as otherwise specifically provided, the sections in this subchapter apply to all persons and entities (e.g., calibration companies, facilities) who receive, possess, acquire, transfer, own, or use audiometers, audiometric testing devices, and audiometric calibration eq…

(a) The committee. The Texas School Health Advisory Committee (committee) shall be appointed under and governed by this section. (b) Applicable law. Texas Government Code, § 2110.008, does not apply to a committee created under this section. The committee is subject to the Texas …