Tex. Occ. Code Section 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 commission rule;

(3)

submits a declaration describing the extent to which the applicant intends to engage in transactions involving catalytic converters removed from motor vehicles in the course of the applicant’s business activity;

(4)

presents evidence satisfactory to the department that the applicant intends to act as a metal recycling entity and use a fixed location to wholly or partly conduct an activity described by Section 1956.001 (Definitions)(7); and

(5)

provides the physical address of the fixed location described by Subdivision (4).

(a-1)

If the applicant’s business activity involves catalytic converters removed from motor vehicles, the declaration described by Subsection (a)(3) must state:

(1)

whether the applicant will engage in a business activity described by Section 1956.001 (Definitions)(7)(A) or (B) with respect to catalytic converters removed from motor vehicles;

(2)

whether the applicant will engage in a business activity described by Section 1956.001 (Definitions)(7)(C) but not a business activity described by Section 1956.001 (Definitions)(7)(A) or (B), with respect to catalytic converters removed from motor vehicles; or

(3)

that the applicant will deal only incidentally with catalytic converters removed from motor vehicles.

(a-2)

An applicant who intends to conduct an activity described by Section 1956.001 (Definitions)(7) at more than one fixed location must complete an application and obtain a certificate of registration for each fixed location.

(b)

The commission by rule may establish qualifications for the holder of a certificate of registration under this chapter, which may include accepting copies of a license or permit issued by a county or municipality authorizing a metal recycling entity to conduct business in that county or municipality. The qualifications may differ for a holder of a certificate of registration under this chapter based on the extent to which the person engages in transactions involving catalytic converters removed from motor vehicles as stated on the person’s declaration submitted under Subsection (a).
Added by Acts 2007, 80th Leg., R.S., Ch. 1316 (S.B. 1154), Sec. 2, eff. September 1, 2007.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 269 (S.B. 224), Sec. 3.04, eff. May 29, 2023.

Source: Section 1956.022 — Issuance of Certificate; Qualifications, https://statutes.­capitol.­texas.­gov/Docs/OC/htm/OC.­1956.­htm#1956.­022 (accessed May 18, 2024).

1956.001
Definitions
1956.002
Exception
1956.003
Local Law
1956.004
Civil Penalty
1956.011
Administration of Chapter
1956.012
Department Staff
1956.013
Rules
1956.014
Fees
1956.015
Statewide Electronic Reporting System
1956.016
Registration Database
1956.017
Advisory Committee
1956.021
Registration Required
1956.022
Issuance of Certificate
1956.023
Term of Certificate
1956.024
Renewal of Certificate
1956.030
Fixed Location
1956.031
Notice to Sellers
1956.032
Information Regarding Seller
1956.033
Record of Purchase
1956.034
Preservation of Records
1956.035
Inspection of Records
1956.036
Furnishing of Report to Department
1956.037
Placement of Items on Hold
1956.038
Prohibited Acts
1956.039
Hours for Purchasing Material
1956.040
Criminal Penalty
1956.041
Administrative Penalty
1956.051
Definitions
1956.055
Exception: Crafted Precious Metal Acquired from Another Dealer Who Previously Made Required Reports
1956.056
Exception: Crafted Precious Metal Acquired in Dissolution or Liquidation Sale
1956.057
Exception: Crafted Precious Metal Acquired in Judicial Sale
1956.058
Exception: Crafted Precious Metal Acquired as Payment for Other Crafted Precious Metal by Person in Business of Selling to Consumers
1956.059
Exception: Crafted Precious Metal Acquired from or Reported to Governmental Agency
1956.060
Exception: Crafted Precious Metal Acquired by Person Licensed Under Texas Pawnshop Act
1956.061
Effect on Other Laws and Ordinances
1956.062
Report of Purchase Required
1956.063
Form of Report
1956.064
Required Retention of Crafted Precious Metal
1956.065
Inspection of Crafted Precious Metal by Peace Officer
1956.066
Purchase from Minor
1956.067
Purchase at Temporary Location of Dealer
1956.068
Purchase of Melted Items
1956.069
Criminal Penalty
1956.101
Definitions
1956.102
Exception
1956.103
Restrictions on Transfer of Certain Property
1956.104
Notice of Restrictions
1956.105
Criminal Penalty
1956.121
Definition
1956.122
Applicability
1956.123
Limitation on Purchasing or Otherwise Acquiring Catalytic Converters
1956.124
Certain Records Required When Purchasing or Otherwise Acquiring Catalytic Converter
1956.125
Inspection of Records
1956.126
Effect on Local Law
1956.127
Declaration Update
1956.128
Administrative Penalty
1956.151
Denial of Certificate
1956.153
Hearing
1956.201
Enforcement Proceedings
1956.202
Civil Penalty
1956.203
Criminal Penalty for Certain Solicitation
1956.204
General Criminal Penalty
1956.0321
Additional Requirements Regarding Purchase of Catalytic Converter
1956.0331
Photograph or Recording Requirement for Regulated Metal Transaction
1956.0381
Payment by Metal Recycling Entity
1956.0382
Cash Transaction Card
1956.0511
Administration by Commission
1956.0611
Rulemaking
1956.0612
Registration as Dealer
1956.0613
Investigation by Commissioner
1956.0614
Revocation of Registration
1956.0615
Administrative Penalty
1956.0616
Notice of Enforcement Order
1956.06131
Examination by Commissioner

Accessed:
May 18, 2024

§ 1956.022’s source at texas​.gov