Frequently Asked Questions (FAQs)

Index

New Legislation (House Bill 2187 / Cash Transaction Card)

    1. When will House Bill 2187 become effective?

Sept. 1, 2015


    2. 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. HB 2187 only affects the MRE’s reporting requirements.


    3. When will the new Administrative Rules be effective?

Jan 10, 2016, found here: Admin Rules


    4. Is a License To Carry (LTC) considered an acceptable form of identification?

Yes.


    5. I noticed DPS is proposing metals recyclers complete an online training course to be a registered metals recycler in Texas. How do I take this training?

The training is being developed. When completed, metals recyclers will be notified.


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

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


    7. 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.


    8. 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, 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.


    9. I am a metals recycler and have purchased a black/white printer for photographs to be included on the Application for Cash Transaction Card and the Cash Transaction Card. I read the proposed rules and noticed DPS is proposing all photographs must be in color. If this rule is approved, will I be exempted from using color photographs since I had purchased the black/white printer?

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.


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

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.


    11. Are metals recyclers responsible for developing their own unique identifying number required on the Cash Transaction Card?

Yes.


    12. Why does a Cash Transaction Card have to be mailed to a seller rather than given to them in person?

HB 2187 requires Cash Transaction Cards be mailed to the current mailing address of the seller.


    13. 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”.


    14. Are metals recyclers required to accept a Cash Transaction Card issued by another metals recycler?

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


    15. The new Administrative rules require the Cash Transaction Card have the same name and registration number of the issuing metals recycler. If I hold more than one metals recycling entity registration, 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 metals recycler?

Yes. The Cash Transaction Card can list all locations/Certificates owned by the issuing metals recycler.


    16. When an application for a Cash Transaction Card is approved, can an MRE give it 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.


    17. Under the proposed rules, DPS will be providing two types of forms: the Application for Cash Transaction Card and the Metals Recycling Transaction Statement of Ownership. Where can I find these forms?

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


    18. Can I submit a request for an alternate form and 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)?

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):

  • Email
    Go to Contact Us, select Texas Metals Program and complete the online form.
    In the question/comment field, type “RSD-6/RSD-44”. 
    Upload your attachment and then click “Submit.”
  • Mail
    Regulatory Services Division MSC 0244
    Texas Department of Public Safety
    P.O. Box 15888
    Austin, Texas 78761-5888

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

    20. 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 reason is the Cash Transaction Card must be mailed to the seller by the MRE.


    21. 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.

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Explosives

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

TEXAS CRIMINAL AND TRAFFIC LAW MANUAL
PENAL CODE
TITLE 10. OFFENSES AGAINST PUBLIC HEALTH, SAFETY AND MORALS
Chapter 46. Weapons
§46.01  Definitions

(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.


    23. 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 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.

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Registration

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

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.


    25. What are Ownership Documents? Where do I send them?
  • If you are a Sole Proprietorship, you need the  Assumed Name Certificate or  Doing Business As, also known as the  DBA. You can get this from your local County Clerk’s Office. If you are a Corporation, you need to send DPS the Certificate of Formation  or Certificate of Filing, from the Texas Secretary of State’s Office.
  • Certificate of Good Standing from the Texas Comptroller of Public Accounts
    • A copy of any license or permit required by a county, municipality, or political subdivision of this state in order to act as a metal recycling entity in that county or municipality.
    • If needed an Affidavit stating the previous owner who is the subject of the suspension, revocation, or other pending administrative action, has no, nor will have any, direct involvement or influence in the business of the MRE.
    • Once you have the appropriate forms, you can send them one of two ways:
  • Contact Us,  select Texas Metals Program and complete the online form. Or email including the application ID # in the subject.
    • Fax to (512) 424-5373 and include your application ID # on the cover sheet.

    26. What is the status of my application?

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.


    27. How do I pay my application fee?

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.


    28. What if the location I am registering is subject to current or pending Administrative 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 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.


    29. 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 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.

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Texas Online Metals / Reporting

    30. I forgot my user ID and/or my password.

    31. I need to change my password.

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


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

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

To upload manually: Log in to Texas DPS Crime Records Service and select the Texas Metals Program from list on the left.

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.

To upload follow the link How To Upload.


    33. How do I send an Irrigation Report?

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.


    34. 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 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.

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Precious Metals Dealers

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

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