New Legislation (House Bill 2187 / Cash Transaction Card)
Sept. 1, 2015
No. The fact that certain batteries are now “regulated materials” under the statute does not change the requirements of Texas Occupations Code §1956.103. HB 2187 only affects the MRE’s reporting requirements.
Jan 10, 2016, found here: Admin Rules
The training is being developed. When completed, metals recyclers will be notified.
Yes. However, the seller will have to declare their correct mailing address.
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.
Yes, HB 2187 does not prevent an MRE from retaining a Cash Transaction Card issued by that MRE for use in future transactions with the seller.
No. A Cash Transaction Card required by a local law, regulation, or ordinance consistent with §1956.0382(d) of the Act (as amended by HB 2187, 84th Texas Legislature) 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 years has passed since the date of issuance.
No. HB 2187 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.
HB 2187 requires Cash Transaction Cards be mailed to the current mailing address of the seller.
No. However, it is suggested the card be no smaller than 2” x 3” and no larger than 3” x 5”.
No. However, if a MRE chooses to accept a CTC issued by another MRE they may; that at the discretion of the MRE.
Yes. The Cash Transaction Card can list all locations/Certificates owned by the issuing metals recycler.
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.
Please visit Texas Metals Program Forms to download the forms. You may request copies by calling (512) 424-7293.
There are two ways to submit alternate forms of Metals Recycling Transaction Statement of Ownership (RSD-6) and Application for Cash Transaction Card (RSD-44):
Yes, the address should be the actual mailing address. The reason is the Cash Transaction Card must be mailed to the seller by the MRE.
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.
TEXAS CRIMINAL AND TRAFFIC LAW MANUAL
TITLE 10. OFFENSES AGAINST PUBLIC HEALTH, SAFETY AND MORALS
Chapter 46. Weapons
(2) “Explosive weapon” means 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.
Some types of regulated materials can contain varying types of explosives that can be difficult to detect. All metals recyclers 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 recycler can do should they encounter explosives. Remember the three R’s: RECOGNIZE, RETREAT AND REPORT.
Please also visit Texas Metals Program.
Visit Metals Registration Application Instructions and review the list of requirements to register as a Metals Recycling Entity (MRE). If you are a new user to the website, please click on New User Sign Up, then select Metals Registration Program and Create New Account.
Login in to Texas DPS Crime Records Service and select the Texas Metals Program block. Under Online Services, select Returning User and then click on Check Application Status.
You can login to Texas Online Metals and select Texas Metals Program. Next, look under Online Services and click on Submit Payment for a Pending Application.
The new owner for the location will need to complete an Affidavit (RSD-47) indicating that the previous owner (who is subject to the Administrative Action), has no, nor will have any, direct involvement in the business of the metals 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.
As per the 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, Title 37, Part 1, Chapter 36, Rule §36.55. The department can be notified by email, fax, or phone.
Texas Online Metals / Reporting
Once you are logged in on Texas Online Metals, click on My Account and then go to Account Security and Update Password.
Transactions should be reported within 2 business days of the date of purchase.
Under Online Services, select Returning Users and then click on Add Transaction. The next page is where you enter your information. Select Create Transaction at the bottom of the page and you will be alerted if there is any missing information or errors. The first box will always be checked. Check the second box, if the item belongs to the person who sold you the item. Check the third box, if the person was selling it for a company or if the item did not belong to them directly. Two of three boxes must be checked t allow you to Create Transaction correctly.
Irrigation Reports should be sent the same way as Metals Transactions. Effective Oct. 1, 2013, they are now required to be entered as any transaction. For instructions, see the next question and answer.
To submit within the time allowed by statute (not later than the close of business on the entity's first working day after the purchase date, notify the department by telephone, by e-mail, or via the department's Internet website) email or fax to (512) 424-5373; for phone numbers see FAQ 19.
Once you are logged in on Texas DPS Crime Records Service, click on My Account and then select Add New User which is under the Organization/Company section. 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.
Precious Metals Dealers
Contact the Office of Consumer Credit Commissioner.