Copper or Brass Material Purchased From Other Business Entities

• The MRE must exercise due diligence in purchasing or acquiring copper or brass material to satisfy that the seller acquired it in the ordinary course of business.
• The MRE shall keep an accurate record for each copper or brass material transaction and maintain it for 2 years.
• The record must contain the date of the transaction, the business name of the seller, the weight of the copper or brass material, and clearly identify the type of seller the business is. (As defined under §1956.133 of the Act)
• If the transaction includes burned communications wire, the record must contain documentation the material was salvaged from a fire.
• These records must be maintained in an easily retrievable format and shall be available for inspection within 3 days after the date of purchase or acquisition.
   

If you are purchasing from a business (described under §1956.133) and it is copper or brass material, (defined under §1956.131) then a record is required to be maintained. 

For these specific requirements, "copper or brass material" means: a power inverter, bus bar, or insulated or non-insulated copper wire or cable that contains copper or an alloy of copper or zinc and is of the type used by a public utility or common carrier; a telecommunications provider; a cable service provider; or a video service provider. The definition does not include common household wire, copper pipe or tubing, or types of copper commonly used in construction.

No, the law only requires a record to be maintained. 

Yes, as long as you’ve exercised due diligence and are satisfied that the seller acquired it in their ordinary course of business. If you suspect something is stolen, do not purchase and report suspicious activity to law enforcement.

The items will fall under the definition of “copper or brass material” if they are of the type used by these entities. Visual inspection and identifying the seller type will help in making a determination. If you are unsure, assume it is and maintain a record.

No, purchases from other business entities are not required to be reported to TOM. 

Yes, these rules and laws have not changed. Be vigilant, ask questions, and inspect for signs of theft. The seller is required to provide written evidence that they are the legal owner or lawfully entitled to sell the regulated material or sign a written statement provided by you that they are the legal owner of or lawfully entitled to sell the regulated material. All requirements for regulated metal purchases would apply when purchasing from individuals, including reporting this material to TOM.

Yes, they can be electronic records or legible written records.

Business-to-business transaction records for copper purchases must be available for inspection. However, the law does not require the MRE to match the record with the material (tag and hold) bought in a business-to-business transaction. For example, a routine inspection would not consist of matching specific copper or brass material in a mixed pile with documentation for that particular material, as long as the volume of records on file is consistent with the volume of material on the premises. 

Yes, please visit: https://www.dps.texas.gov/section/texas-metals-program/laws-regulations