Tex. Occ. Code Section 1956.001
Definitions


In this chapter:

(1)

“Aluminum material” means a product made from aluminum, an aluminum alloy, or an aluminum by-product. The term includes aluminum wiring and an aluminum malt beverage keg but does not include another type of aluminum can used to contain a food or beverage.

(2)

“Bronze material” means:

(A)

a cemetery vase, receptacle, or memorial made from bronze;

(B)

bronze statuary; or

(C)

material readily identifiable as bronze, including bronze wiring.

(2-a)

“Catalytic converter” includes any material removed from a catalytic converter.

(3)

“Commission” means the Public Safety Commission.

(4)

“Copper or brass material” means:

(A)

a power inverter or insulated or noninsulated copper wire or cable that contains copper or an alloy of copper or zinc and is of the type used by:
(i)
a public utility or common carrier;
(ii)
a telecommunications provider as defined by Section 51.002 (Definitions), Utilities Code;
(iii)
a cable service provider as defined by Section 66.002 (Definitions), Utilities Code; or
(iv)
a video service provider as defined by Section 66.002 (Definitions), Utilities Code;

(B)

a copper or brass item of a type commonly used in construction or by:
(i)
a public utility;
(ii)
a telecommunications provider as defined by Section 51.002 (Definitions), Utilities Code;
(iii)
a cable service provider as defined by Section 66.002 (Definitions), Utilities Code; or
(iv)
a video service provider as defined by Section 66.002 (Definitions), Utilities Code; or

(C)

copper pipe or copper tubing.

(5)

“Department” means the Texas Department of Public Safety.

(6)

“Director” means the public safety director.

(6-a)

“Explosive device” means a device or material that contains explosive powder, primer, fluid, or gas or a detonator. The term does not include:

(A)

a device that is designed, made, or adapted for delivering or shooting ammunition of.50 caliber or less and that is purchased for personal or security reasons recognized under state or federal law;

(B)

a component of a motor vehicle or mechanical equipment, including equipment that is used in the exploration or production of minerals;

(C)

any type of compressed cylinder that is commonly used in a residence or commercial business; or

(D)

any type of scrap metal that is routinely purchased in the metal recycling industry and that is not associated with military weaponry.

(6-b)

“Fixed location” means a structure or facility that:

(A)

is attached to real property;

(B)

has a fixed geographic location with a physical address; and

(C)

is used wholly or partly to conduct an activity described by Subdivision (7).

(6-c)

“Lead material” means:

(A)

a commercial grade lead battery, lead-acid battery, or spiral cell battery; or

(B)

a material or an item readily identifiable as being made of or containing lead.

(7)

“Metal recycling entity” means a business that is predominantly engaged in:

(A)

performing the manufacturing process by which scrap, used, or obsolete ferrous or nonferrous metal is converted into raw material products consisting of prepared grades and having an existing or potential economic value, by a method that in part requires the use of powered tools and equipment, including processes that involve processing, sorting, cutting, classifying, cleaning, baling, wrapping, shredding, shearing, or changing the physical form of that metal;

(B)

the use of raw material products described under Paragraph (A) in the manufacture of producer or consumer goods; or

(C)

purchasing or otherwise acquiring scrap, used, or obsolete ferrous or nonferrous metals for the eventual use of the metal for the purposes described by Paragraph (A) or (B).

(8)

“Personal identification document” means:

(A)

a valid driver’s license issued by a state in the United States;

(B)

a United States military identification card; or

(C)

a personal identification certificate issued by the department under Section 521.101 (Personal Identification Certificate), Transportation Code, or a corresponding card or certificate issued by another state.

(9)

“Regulated material” means:

(A)

aluminum material;

(B)

bronze material;

(C)

copper or brass material;

(D)

lead material; or

(E)

regulated metal.

(10)

“Regulated metal” means:

(A)

manhole covers;

(B)

guardrails;

(C)

metal cylinders designed to contain compressed air, oxygen, gases, or liquids;

(D)

malt beverage kegs made from metal other than aluminum;

(E)

historical markers or cemetery vases, receptacles, or memorials made from metal other than aluminum;

(F)

unused rebar;

(G)

street signs;

(H)

drain gates;

(I)

safes;

(J)

communication, transmission, and service wire or cable;

(K)

condensing or evaporator coils for central heating or air conditioning units;

(L)

utility structures, including the fixtures and hardware;

(M)

aluminum or stainless steel containers designed to hold propane for fueling forklifts;

(N)

metal railroad equipment, including tie plates, signal houses, control boxes, signs, signals, traffic devices, traffic control devices, traffic control signals, switch plates, e-clips, and rail tie functions;

(O)

catalytic converters not attached to a vehicle;

(P)

fire hydrants;

(Q)

metal bleachers or other seating facilities used in recreational areas or sporting arenas;

(R)

any metal item clearly and conspicuously marked with any form of the name, initials, or logo of a governmental entity, utility, cemetery, or railroad;

(S)

insulated utility, communications, or electrical wire that has been burned in whole or in part to remove the insulation;

(T)

backflow valves;

(U)

metal in the form of commonly recognized products of the industrial metals recycling process, including bales, briquettes, billets, sows, ingots, pucks, and chopped or shredded metals; and

(V)

commercial grade lead batteries or lead-acid batteries.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1316 (S.B. 1154), Sec. 2, eff. September 1, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 1234 (S.B. 694), Sec. 1, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 1065 (H.B. 2187), Sec. 1, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 191 (S.B. 208), Sec. 1, eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 394, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 1040 (H.B. 4110), Sec. 1, eff. September 1, 2021.
Acts 2023, 88th Leg., R.S., Ch. 269 (S.B. 224), Sec. 3.01, eff. May 29, 2023.
Acts 2023, 88th Leg., R.S., Ch. 269 (S.B. 224), Sec. 3.01, eff. July 1, 2023.

Source: Section 1956.001 — Definitions, https://statutes.­capitol.­texas.­gov/Docs/OC/htm/OC.­1956.­htm#1956.­001 (accessed Mar. 23, 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:
Mar. 23, 2024

§ 1956.001’s source at texas​.gov