Per Texas Occupation Code 1956.033, each metal recycling entity shall keep an accurate electronic record or an accurate and legible written record detailing all regulated scrap metal received at that location and all regulated scrap metal either processed at or dispatched from that location. All purchases of regulated copper, brass, or aluminum* material, regardless of weight, must be recorded by the recycling entity.
The details to be kept for regulated scrap metal received are:
- The description and weight of the metal;
- The place and date of the purchase of metal;
- The name, address, and identification number found on the personal identification document of the seller presented at the time of sale;
- The price of the metal if it has been ascertained at the time the entry is made in the electronic file;
- If no price has been ascertained, the estimated value of the scrap metal;
- The make, model, and license plate number of the any motor vehicle used to deliver the scrap metal; and
- Each metal recycling entity shall keep a record of the information collected until the second anniversary of the date the record was made.
Per Texas Occupations Code 1956.037, a metal recycling entity is restricted from disposing of, processing, selling, or removing from the premises an item of regulated metal unless:
- The entity acquired the item more than 72 hours before the disposal, processing, sale, or removal; or
- The entity purchased the item from a manufacturing, industrial, commercial, retail, or other seller that sells regulated material in the ordinary course of its business.
Per Texas Occupations Code 1956.035, any peace officer has a right at any reasonable time to inspect registered premises, records kept on the premises and scrap metal kept on the premises. Peace officers may place on hold an item of regulated material in the possession of a recycling entity if the officer has reasonable suspicion to believe that the item was stolen. The hold lasts for 60 days, during which time the entity may not dispose of, process, sell, or remove the item from the purchased material unless the hold is released.
*Please note that aluminum cans and beverage containers are not regulated material.