Title OC, Occupations Code

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…

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…

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 off…

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 …

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 transa…

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 …

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, 77t…

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 Sec…

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 contai…

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.

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 f…

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 …

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…