Frequently Asked Questions (FAQs)

Registration

    1. How do I apply for an MRE Certificate / License?

Visit Metals Registration Application Instructions and review the list of requirements to register as a Metal Recycling Entity (MRE). Visit Texas Online Metals (TOM) to begin the registration process.  Once there click the New User button.


    2. What are Ownership Documents? Where do I send them?

Ownership Documents are documents provided by the Texas Secretary of State that show proof of ownership of the business.  Acceptable forms are Assumed Name Records, Certificate of Filing, Certificate of Formation, and Certificate of Fact. They can be uploaded during the registration process on Texas Online Metals (TOM).


    3. What if the location I am registering is subject to current or pending disciplinary action? (e.g., Suspension or Revocation)

The new owner for the location will need to complete an Affidavit (RSD-47) indicating that the previous owner (who is subject to the disciplinary action), has no, nor will have any, direct involvement in the business of the metal recycling entity, per Texas Administrative Code §36.11 (d) and (e). This document should be uploaded with the required ownership documents at the time of application.


    4. If I (the owner of a MRE) am convicted of a disqualifying offense as an applicant or registrant what do I do?

As per the Texas Administrative Code §36.36(d), an applicant or registrant shall notify the department within seventy-two (72) hours of the conviction of a disqualifying offense.  Disqualifying offenses can be found in the Texas Administrative Code, §36.55. The department can be notified by email, fax, or phone.


Texas Online Metals (TOM)

    1. I forgot my Texas Online Metals (TOM) user ID and/or my password.

    2. I need to change my Texas Online Metals (TOM) password.

Once you are logged in on Texas Online Metals, click on My Account and then go to Password Update under Manage Account.


Online Texas Metals Recycler Training

    1. What is the Online Texas Metals Recycler Training?

The Online Texas Metals Recycler Training is an online training course MRE Owners are required to complete, per Texas Administrative Code §36.34 It contains information about laws and regulations necessary to operate an MRE in the state of Texas.


    2. How do I access the Online Texas Metals Recycler Training?

Users can go to the Online Texas Metals Recycler Training after they have received an email notifying them of their registration.  All MRE Owners should receive a confirmation email.  If you have not received a notification and believe you should have access to the training, contact DPS.


    3. I can't seem to login to the Online Texas Metals Recycler Training. What should I do?

The username would be your email address.  If you don't know or can't remember your password, reset your password.  If you still cannot login, contact DPS regarding the issue.


    4. I am in my training account; however, I can't find the training. What should I do?

First, ensure you are using the Mozilla Firefox browser.  The training is not compatible with Internet Explorer.  If you are in the correct browser and still do not see the training under enrollments, contact DPS.


    5. I have multiple locations. Do I have to retake the training every time one of my locations is up for renewal?

No. The Online Texas Metals Recycler Training is valid for two (2) years from the competition date and can be applied to all location renewals within that timeframe.


    6. Can I have all of my employees take the Online Training?

Yes. The Online Metals Recycler Training is required for MRE Owners; however, anyone can take the training. To set up other accounts, provide DPS with the names and email addresses of all users you would like to take the training. DPS will set up their user accounts and they will be able to access the training. Only MRE Owners are required to provide certificates of completion.


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Cash Transaction Card

    1. What is the process for the Application for Cash Transaction Card?

The seller completes the application at the MRE; the MRE will approve the application, and then produce the card and mail it to the seller.


    2. Is a License To Carry (LTC) considered an acceptable form of identification for a Cash Transaction Card?

Yes.


    3. If a seller completing the Application for Cash Transaction Card presents a current driver license that has the wrong address, can the driver license still be used to complete the application?

Yes. However, the seller will have to declare their correct mailing address.


    4. Can I use a Post Office Box on the Application for a Cash Transaction Card?

Yes, the address should be the actual mailing address. The cash transaction card must be mailed to the seller by the MRE; a valid mailing address is required.


    5. If a seller of regulated materials presents a cash transaction card issued by the same MRE, can the MRE retain the cash transaction card for transactions at that MRE only?

Yes, Texas Occupations Code §1956.0382 does not prevent an MRE from retaining a cash transaction card issued by that MRE for use in future transactions with the seller.


    6. I am a metal recycling entity and have purchased a black/white printer for photographs to be included on the Application for Cash Transaction Card and the cash transaction card. Texas Administrative Code §36.37 states all photographs must be in color. If I purchased the printer before the rule was approved, will I be exempted from using color photographs?

No. A cash transaction card required by a local law, regulation, or ordinance consistent with Texas Administrative Code §36.37 that is issued subsequent to the effective date of the rule must comply with the rule. However, any such card issued prior to the effective date of the rule need not comply with this section so long as it remains valid and has not expired, unless more than two (2) years has passed since the date of issuance.


    7. Does the photograph and fingerprint on the Application for Cash Transaction Card have to be a particular size?

No. Texas Occupations Code §1956.0382(b) only requires the digital photograph must accurately depict the applicant's entire face taken at the time the applicant completes the application, and the thumbprint must be clear and legible.


    8. Are MREs responsible for developing their own unique identifying number required on the cash transaction card?

Yes.


    9. Is there a maximum size for the cash transaction card?

No. However, it is suggested the card be no smaller than 2" x 3" and no larger than 3" x 5".


    10. Are MREs required to accept a cash transaction card issued by another MRE?

No. However, if a MRE chooses to accept a cash transaction card issued by another MRE they may; that is at the discretion of the MRE.


    11. The administrative rules require the cash transaction card have the same name and registration number of the issuing metal recycling entity. If I have more than one metal recycling entity location, may I put the registration number of all my locations on the card so I do not have to produce a different card for each location?

Yes. The cash transaction card can list all locations/Certificates owned by the issuing metals recycling entity.


    12. When an application for a cash transaction card is processed, can an MRE give the cash transaction card to the applicant, or must it be mailed?

Texas Occupations Code §1956.0382(e) requires cash transaction cards be mailed to the address provided on the application for the card, not given directly to the person. Renewed cash transaction cards may be given to the applicant in person ONLY under certain circumstances. For complete information visit Cash Transaction Card.


    13. Where can I find the Application for Cash Transaction Card and the Metals Recycling Transaction Statement of Ownership forms?

Please visit Forms to download the forms. You may request copies by calling (512) 424-7293.


    14. How do I submit a request to use an alternate form instead of the Metals Recycling Statement of Ownership (RSD-6) or Application for Cash Transaction Card (RSD-44)?

Instructions on how to submit an alternate form for review by the department can be found on Forms


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Explosives

    1. What is the definition of "explosive" and "explosive components"?

Texas Penal Code §46.01 Definition:
Any explosive or incendiary bomb, grenade, rocket or mine, that is designed, made or adapted for the purpose of inflicting serious bodily injury, death, or substantial property damage, or for the principal purpose of such a loud report as to cause undue public alarm or terror, and includes a device designed, made, or adapted for delivery or shooting an explosive weapon.


    2. Why do I get an email each month from the Texas Metals Program team about explosives?

Some types of regulated materials can contain varying types of explosives that can be difficult to detect. All metal recycling entities need to know the dangers of receiving materials containing explosives at the facility. For this reason, DPS sends regular reminders and recommendations regarding what a metal recycling entity can do should they encounter explosives. Remember the three R's: RECOGNIZE, RETREAT AND REPORT.

Please also visit Texas Metals Program.


Reporting

    1. How often do I report transactions? Where do I send / how do I upload transactions?

Transactions should be reported within two (2) business days of the date of purchase.

Visit Reporting Guidelines for instructions on how to upload transactions into TOM.


    2. How do I add users to my Texas Online Metals (TOM) account so my employees can upload transactions and NOT use my (owners) account.

Once you are logged in to Texas Online Metals (TOM), under Account Management click on Add Additional User. Complete the form requesting information and a password will be sent to the new user. They will then be able to upload transactions for your MRE.


    3. Can I use a Post Office Box for the seller when reporting a transaction to DPS?

No, for reporting purposes, the address reported for a seller of regulated materials must be a physical address and cannot be a Post Office Box.


Miscellaneous

    1. Does Texas Occupations Code §1956.001(6-a) addition of certain batteries to the list of regulated materials change the requirements under Texas Occupations Code §1956.103 to disclose to the MRE and obtain an acknowledgement from the MRE that a battery is included in the material being sold?

No. The fact that certain batteries are now "regulated materials" under the statute does not change the requirements of Texas Occupations Code §1956.103. This only affects the MRE's reporting requirements.


    2. Who can I contact if I have questions about the Texas Metals Program?

Precious Metals Dealers

    1. How do I apply to be a Precious Metals Dealer?

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