Tex.
Occ. Code Section 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 or representation to a metal recycling entity in connection with:(A)
that person’s execution of a written statement required by Section 1956.032 (Information Regarding Seller)(a)(3); or(B)
the entity’s efforts to obtain the information required under Section 1956.033 (Record of Purchase)(b);(3)
display or provide to a metal recycling entity any information required under Section 1956.032 (Information Regarding Seller) that the person knows is false or invalid; or(4)
display another individual’s personal identification document in connection with the sale of regulated material.(a-1)
A metal recycling entity may only pay for a purchase of regulated material in the manner provided by Section 1956.0381 (Payment by Metal Recycling Entity).(b)
A metal recycling entity may not pay for a purchase of regulated material in cash if:(1)
the entity does not hold a certificate of registration under Subchapter A-2 and, if applicable, a license or permit required by a county, municipality, or other political subdivision as authorized under Section 1956.003 (Local Law; Criminal Penalty)(b); or(2)
the entity has been prohibited by the department from paying cash under Section 1956.036 (Furnishing of Report to Department)(e).(c)
Notwithstanding Section 1956.003 (Local Law; Criminal Penalty)(a) or any other law, a county, municipality, or other political subdivision may not adopt or enforce a rule, charter, or ordinance or issue an order or impose standards that limit the use of cash by a metal recycling entity in a manner more restrictive than that provided by Subsection (b).(d)
Subsection (c) does not apply to a rule, charter, ordinance, or order of a county, municipality, or other political subdivision in effect on January 1, 2011.(e)
The department or a county, municipality, or other political subdivision may bring an action in the county in which a metal recycling entity is located to enjoin the business operations of the owner or operator of the metal recycling entity for a period of not less than 30 days and not more than 90 days if the owner or operator has not submitted an application for a certificate of registration or the appropriate license or permit required by a county, municipality, or other political subdivision.(f)
An action under Subsection (e) must be brought in the name of the state. If judgment is in favor of the state, the court shall:(1)
enjoin the owner or operator from maintaining or participating in the business of a metal recycling entity for a definite period of not less than 30 days and not more than 90 days, as determined by the court; and(2)
order that the place of business of the owner or operator be closed for the same period.
Source:
Section 1956.038 — Prohibited Acts, https://statutes.capitol.texas.gov/Docs/OC/htm/OC.1956.htm#1956.038 (accessed May 25, 2024).
