Title OC, Occupations Code

Sec. 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.

Sec. 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. 1154), Sec. 2, eff. September 1, 2007.

Sec. 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 by this chapter. Added by Acts 2007, 80th Leg., R.S., Ch. 1316 (S.B. 1154),…

Sec. 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 initial application for a certificate of registration; (2) issuance of a certificate of regi…

Sec. 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) The department shall post a summary of the reports provide…

Sec. 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 for each registered metal recycling entity: (1) the entity's name; (2) the …

Sec. 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 chapter. (b) The advisory committee consists of 15 members appointed by th…

Sec. 1956.018. TRAINING ON IDENTIFYING CERTAIN COPPER OR BRASS MATERIAL. (a) The department shall develop and make available to metal recycling entities educational and training materials to aid the entities in identifying copper or brass material as defined by Section 1956.131, …

Sec. 1956.019. STUDY ON EFFECT OF REGULATIONS ON INCIDENTS OF THEFT OF COPPER OR BRASS MATERIAL. (a) At least once every three years, the department shall conduct a study on: (1) the effect that the implementation of Subchapter C-2 and similar laws has had on the incidents of the…

Sec. 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 person is registered under this chapter. Added by Acts 2007, 80th Leg., R.S., Ch. 1316 (S.B. 1154), Sec. 2, eff…

Sec. 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; (2) presents any relevant evidence relating to the applicant's qualifications as required by commissi…

Sec. 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 of registration expire and are renewed on various dates. (c) Not later than the 45th day befor…

Sec. 1956.024. RENEWAL OF CERTIFICATE. (a) To renew a certificate of registration, a person must: (1) submit an application for renewal in the manner prescribed by the department; and (2) update the person's declaration submitted under Section 1956.022(a). (b) A person who is oth…

Sec. 1956.030. FIXED LOCATION. (a) A metal recycling entity shall at all times maintain a fixed location and use the fixed location to at least partly conduct an activity described by Section 1956.001(7). (b) A metal recycling entity shall maintain a fixed location as required by…

Sec. 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 seller of regulated material, a notice in two-inch lettering that: (1) includes the following language: "A PERSON A…

Sec. 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 recycling entity the person's personal identification document; (2) provide to the met…

Sec. 1956.0321. ADDITIONAL REQUIREMENTS REGARDING PURCHASE OF CATALYTIC CONVERTER. (a) In addition to the requirements of Section 1956.032, a person attempting to sell a catalytic converter to a metal recycling entity shall provide to the metal recycling entity: (1) the year, mak…

Sec. 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 regulated material made in the course of the entity's business from an individual. (b) The recor…

Sec. 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, the entity shall obtain a digital photograph or…

Sec. 1956.034. PRESERVATION OF RECORDS. A metal recycling entity shall preserve each record required by Sections 1956.032, 1956.0321, and 1956.033 until the second anniversary of the date the record was made. The records must be kept in an easily retrievable format and must be av…

Sec. 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 county, municipality, or other political subdivision that issues a license or permit under Secti…

Sec. 1956.036. FURNISHING OF REPORT TO DEPARTMENT. (a) Except as provided by Subsections (b) and (d), not later than the close of business on a metal recycling entity's second working day after the date of the purchase or other acquisition of material for which a record is requir…

Sec. 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 acquired the item more than: (A) eight days, excluding weekends and holidays, before the dispos…

Sec. 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 connection with the person's attempted sale of regulated material; (2) make a false, material statement…

Sec. 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 transaction card under Section 1956.0382, unless the metal recycling entity is prohibited from payin…

Sec. 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 issues payment: (1) the seller presents to the entity a valid cash transaction card issued by the entity or b…

Sec. 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. (b) A metal recycling entity may not purchase from the gene…

Sec. 1956.040. CRIMINAL PENALTY. (a) A person commits an offense if the person knowingly violates Section 1956.038. Except as otherwise provided by this subsection, an offense under this subsection is a Class A misdemeanor unless it is shown on trial of the offense that the perso…

Sec. 1956.041. ADMINISTRATIVE PENALTY. (a) The commission, after notice and an opportunity for a hearing, may impose an administrative penalty on a person who: (1) violates this subchapter or Subchapter A-2 or a rule or order of the commission under this chapter; or (2) engages i…

Sec. 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, an art object, or another object, made wholly or partly from …

Sec. 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 perform a specific duty. (b) To the extent of any confli…

Sec. 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 …

Sec. 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 the assets or st…

Sec. 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 a trustee in bankruptcy, executor, administrator, receiver…

Sec. 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 preci…

Sec. 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, or a municipal corporation; or …

Sec. 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 with a person licensed u…

Sec. 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) prohibit a municipality from enacting, amending, or en…

Sec. 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, eff. September 1, 2011.

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 com…

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.…

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 …

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…

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.

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), …

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…