Below is the Texas Law regarding
scrap metal dealers.
Metal Recycling Entities
Anyone operating as a metal recycling entity dealer within the state of Texas is required to register with the Department. For purposes of Chapter 1956, Occupations Code, the regulatory term for "second hand metal dealer" has changed to "metal recycling entity". A metal recycling entity would be a business predominantly engaged in performing the manufacturing process by which scrap, used, or obsolete metal is converted into raw material products consisting of prepared grades and having an existing or potential economic value, by methods including processing, sorting, cutting, classifying, cleaning, baling, wrapping, shredding, shearing, or changing the physical form of that metal. A metal recycling entity also could be a business that manufactures the raw material products from the recycling process into producer or consumer goods. The following exemptions apply:
Exempt:
The purchase of regulated material by a manufacturer whose primary business was the manufacture of iron and steel products made from melting scrap iron and scrap steel.
The purchase of regulated material from a public utility, or a manufacturing, industrial, commercial, retail, or other seller that sells regulated material in the ordinary course of the seller's business.
Registration as a metal recycling entity shall last for 2 years and must be renewed on or before the expiration date if the registrant wishes to carry on as a metal recycling entity. Other Information regarding Metal Recycling Entities
Local Regulatory Authority
Chapter 1956 allows a local government or political subdivision of the state to adopt a rule, charter, or ordinance or issue an order or impose standards that are more stringent than state law but do not conflict with it. Additionally, Chapter 1956 would allow local governments or political subdivisions to issue licenses or permits to a business to allow the business to act as a metal recycling entity in that county or municipality.
Information Provided by Seller
A person attempting to sell regulated metal to a metal recycling entity is required to display personal identification, provide a description and license plate number of the vehicle used to transport the regulated material, and either:
provide evidence in writing that the person was the legal owner or lawfully was entitled to sell the regulated material; or
sign a written statement provided by the entity that the person legally owned or was entitled to sell the material offered for sale.
The recycling entity is required to visually verify and photocopy the seller's identification for record keeping purposes. Additionally, the entity is allowed to take a picture of the seller and the vehicle used to transport the material, a photo of which could be accepted in lieu of the description and license plate number, if the license plate number is clearly identifiable in the photo. The entity would not be required to make a copy of the identification if the seller:
signed a written statement evidencing ownership or authority to sell the material; or
previously had provided this information, and the information has not changed.
A metal recycling entity is required to provide a notice in two inch lettering, warning a person who wishes to sell regulated metal that written proof of ownership is required by state law.
Records Retained
Each metal recycling entity must keep electronic records detailing all scrap metal received at that location and all scrap metal either processed at or dispatched from that location. All purchases of copper, brass, or aluminum material, regardless of weight, must be recorded by the recycling entity.
The details to be kept for scrap metal received are:
The description and weight of the metal;
The date and time of receipt of the metal;
If the metal is received from another person, the name and address of that person;
The price of the metal if it has been ascertained at the time the entry is made in the electronic file;
If no price has been ascertained, the estimated value of the scrap metal;
The registration mark of any mechanically propelled vehicle used to deliver the scrap metal.
The details to be kept for scrap metal processed or dispatched are:
The description and weight of the metal;
The date of processing or dispatch, and in the case of processing, the process applied;
Where scrap metal is dispatched for sale or exchange, the name and address of the person to whom it is sold or with whom it is exchanged and the consideration for which it is sold or exchanged;
Where scrap metal is dispatched or processed other than for sale or exchange, its estimated value before being dispatched or exchanged.
Entries must be made immediately upon receipt, processing or dispatch and electronic records must be kept for two years following the last entry.
Restrictions on sale or processing of regulated materials
A metal recycling entity is restricted from disposing of, processing, selling, or removing from the premises an item of regulated metal unless:
the entity acquired the item more than 72 hours before the disposal, processing, sale, or removal ; or
the entity purchased the item from a manufacturing, industrial, commercial, retail, or other seller that sells regulated material in the ordinary course of its business.
Any peace officer has a right at any reasonable time to inspect registered premises, records kept on the premises and scrap metal kept on the premises. Peace officers may place on hold an item of regulated material in the possession of a recycling entity if the officer has reasonable suspicion to believe that the item was stolen. The hold lasts for 60 days, during which time the entity may not dispose of, process, sell, or remove the item from the purchased material unless the hold is released.
Limited Hours for Purchasing
A metal recycling entity is prevented from purchasing regulated material for more than 15 consecutive hours in one day or later than 9 p.m. Local governments or political subdivisions of the state of Texas are allowed, within these parameters, to establish the hours during which a metal recycling entity can purchase regulated material.
Criminal Offenses and Penalties
It is a criminal violation to knowingly provide false identification or information to an entity or knowingly record information known to be false in the entity's records.
A violation is a class A misdemeanor (up to one year in jail and/or a maximum fine of $4,000) unless the defendant previously has been convicted of failure to comply with identification or recording requirements or buying or selling stolen regulated material, in which case the offense is a state-jail felony (180 days to two years in a state jail and an optional fine of up to $10,000).
The purchase of stolen regulated material is a class A misdemeanor, unless the defendant previously has been convicted of failure to comply with identification or recording requirements or buying or selling stolen regulated material, in which case the offense is a state-jail felony.
The sale of stolen regulated material is a state-jail felony, unless the defendant previously has been convicted of failure to comply with identification or recording requirements or buying or selling stolen regulated material, in which case the offense is a third-degree felony (two to 10 years in prison and an optional fine of up to $10,000).
A court may order an entity to cease doing business as a metal recycling entity for an offense under Chapter 1956. The order of closure would be limited to 30 days for a first offense and 180 days if it has been shown that the entity previously had been convicted under this section.
If conduct that constitutes an offense under this section also constitutes an offense under any other law, a person may be prosecuted under this section or the other law
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