Texas Occupations Code 1956.123 – Limitation On Purchasing or Otherwise Acquiring Catalytic Converters
Terms Used In Texas Occupations Code 1956.123
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- United States: includes a department, bureau, or other agency of the United States of America. See Texas Government Code 311.005
A metal recycling entity may not purchase or otherwise acquire a catalytic converter that was removed from a motor vehicle from a person described by § 1956.002(1), unless each of the following is satisfied:
(1) the person selling the catalytic converter to the metal recycling entity acquired it in the ordinary course of the person’s business, including in the ordinary course of business of any of the following entities:
(A) an automotive wrecking and salvage yard as defined by § 234.001, Local Government Code;
(B) a metal recycling entity registered under this chapter;
(C) a manufacturer, distributor, converter, or dealer licensed under Chapter 2301, including any department of a dealer or converter that repairs or services motor vehicles;
(D) a shop or garage that is engaged in the business of repairing motor vehicles;
(E) a used automotive parts recycler licensed under Chapter 2309;
(F) a motor vehicle demolisher as defined by § 683.001, Transportation Code;
(G) a school or training program in which students are provided instruction on building, repairing, or restoring motor vehicles;
(H) a law enforcement agency;
(I) the National Insurance Crime Bureau;
(J) a business that is:
(i) located in and regulated by another state or a political subdivision of another state; and
(ii) engaged in an activity for which a business described by Paragraphs (A) through (I) is regulated by this state or a political subdivision of this state; or
(K) a business that is located in a jurisdiction outside the United States and operated in a business form recognized by the laws of that jurisdiction and that imports catalytic converters into the United States in accordance with the Harmonized Tariff Schedule of the United States published by the United States International Trade Commission; and
(2) any individual acting on behalf of the person described by Subdivision (1) has apparent authority to enter into the transaction and is acting in the scope of that authority.