Texas Occupations Code 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 § 1956.032(a)(3); or
(B) the entity’s efforts to obtain the information required under § 1956.033(b);
(3) display or provide to a metal recycling entity any information required under § 1956.032 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 § 1956.0381.
Terms Used In Texas Occupations Code 1956.038
- 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
- Rule: includes regulation. See Texas Government Code 311.005
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(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 § 1956.003(b); or
(2) the entity has been prohibited by the department from paying cash under § 1956.036(e).
(c) Notwithstanding § 1956.003(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.