Tex. Occ. Code § 1956.036 · Subchapter A-3. PRACTICE BY CERTIFICATE HOLDERS
FURNISHING OF REPORT TO DEPARTMENT.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(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 required under Section 1956.0321 or 1956.033, the entity shall send an electronic transaction report to the department via the department's Internet website. Except as provided by Subsection (d-1), the report must contain the information required to be recorded under Sections 1956.0321 and 1956.033.
(b) If a metal recycling entity purchases bronze material that is a cemetery vase, receptacle, memorial, or statuary or a pipe that can reasonably be identified as aluminum irrigation pipe, the entity shall:
(1) not later than the close of business on the entity's first working day after the purchase date, notify the department by telephone, by e-mail, or via the department's Internet website; and
(2) not later than the close of business on the entity's second working day after the purchase date, submit to the department electronically via the department's Internet website or file with the department a report containing the information required to be recorded under Section 1956.033.
(c) Subsection (b) does not apply to a purchase from:
(1) the manufacturer or fabricator of the material or pipe;
(2) a seller bearing a bill of sale for the material or pipe; or
(3) the owner of the material or pipe.
(d) A metal recycling entity may submit the transaction report required under Subsection (a) by facsimile if:
(1) the entity submits to the department annually:
(A) an application requesting an exception to the electronic reporting requirement; and
(B) an affidavit stating that the entity does not have an available and reliable means of submitting the transaction report electronically; and
(2) the department approves the entity's application under this subsection.
(d-1) A metal recycling entity is not required to include in a transaction report required by this section:
(1) the amount of the purchase; or
(2) a copy of the documentation described by Section 1956.0381(b).
(e) The department, after notice and an opportunity for a hearing, may prohibit a metal recycling entity from paying cash for a purchase of regulated material for a period determined by the department if the department finds that the entity has failed to comply with this section.
(f) A metal recycling entity shall report to the department by telephone, by e-mail, or through the department's Internet website the entity's possession of an explosive device unknowingly purchased or otherwise obtained by the entity not later than the close of business on the entity's first working day after the date the possession of the device is discovered. A metal recycling entity may also report to an appropriate law enforcement authority or the nearest military installation the possession of an explosive device that the entity unknowingly purchased or otherwise obtained so that the explosive device may be removed from the entity or disposed of as soon as possible.
Notes and commentary — not statutory text
History
Added by Acts 2007, 80th Leg., R.S., Ch. 1316 (S.B. 1154), Sec. 2, eff. September 1, 2007.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1234 (S.B. 694), Sec. 13, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 1065 (H.B. 2187), Sec. 6, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 191 (S.B. 208), Sec. 3, eff. September 1, 2017.
Acts 2021, 87th Leg., R.S., Ch. 1040 (H.B. 4110), Sec. 6, eff. September 1, 2021.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/OC/htm/OC.1956.htm
- Text hash
- sha256 a33e941f934bff3e4babd2063fe6dca062d3e47f100340b69e3927dc20fa47d6
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Occupations Code
- Tex. Occ. Code § 1956.0321ADDITIONAL REQUIREMENTS REGARDING PURCHASE OF CATALYTIC CONVERTER.Printed as Section 1956.0321 or 1956.033 | Sections 1956.0321 and 1956.033
- Tex. Occ. Code § 1956.033RECORD OF PURCHASE.Printed as Section 1956.0321 or 1956.033 | Section 1956.033 | Sections 1956.0321 and 1956.033
- Tex. Occ. Code § 1956.0381PAYMENT BY METAL RECYCLING ENTITY.Printed as Section 1956.0381(b)
Cited by 5 provisions
Provisions in this library whose text cites Tex. Occ. Code § 1956.036. Each shows the citation as that text prints it.
Occupations Code
- Tex. Occ. Code § 1956.015STATEWIDE ELECTRONIC REPORTING SYSTEM.Printed as Section 1956.036
- Tex. Occ. Code § 1956.038PROHIBITED ACTS.Printed as Section 1956.036(e)
- Tex. Occ. Code § 1956.040CRIMINAL PENALTY.Printed as Section 1956.021, 1956.023(d), 1956.036(a), or 1956.039
- Tex. Occ. Code § 1956.041ADMINISTRATIVE PENALTY.Printed as Section 1956.036(f)
- Tex. Occ. Code § 1956.202CIVIL PENALTY.Printed as Section 1956.021, 1956.023(d), 1956.036(a), 1956.038, or 1956.039
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.