[1]
Editor’s note–Former article 8.02 pertaining to weapons, was repealed and deleted in its entirety by Ordinance 4718 adopted 8/7/2018. Prior to the deletion, this article derived from the following: Ordinance 44, sec. 1, passed 5/23/1914; Ordinance 174A, sec. 1, adopted 5/7/1957; 1972 Code, sec. 15-3 and 1995 Code, secs. 130.05, 130.99(B).
Catalytic converter.
Exhaust emission control device that reduces toxic gases and pollutants from internal combustion; this includes any material removed from a catalytic converter.
(Ordinance 445 adopted 12/6/2022)
A secondhand reseller shall be required to keep, maintain and upload, upon request, or otherwise provide to the city's police department in a manner as prescribed by the department, records of any catalytic converter purchased or otherwise received.
(Ordinance 445 adopted 12/6/2022)
It shall be unlawful for any metal recycler or his agents or employees acting on his behalf to purchase or receive catalytic converters from any person offering such property for sale unless, in addition to the requirements set forth in this section of this code as follows:
(1) 
For automotive repair facilities:
(A) 
The person selling the catalytic converter presents a verifiable receipt from the repair facility with:
(i) 
The name of the business;
(ii) 
The address of the business;
(iii) 
The phone number for the business that repaired the vehicle that the catalytic converter offered for sale came from; and
(iv) 
The year, make, model and vehicle identification number of the vehicle or vehicles repaired.
(B) 
The metal recycler verifies that the repair facility is an actual business and that the automotive repair facility or muffler repair facility is open to the general public for business.
(C) 
A seller with a valid used automotive parts recycler license issued by the Texas Department of License and Regulation (TDLR) under the Texas Occupations Code chapter 2309 may offer for sale catalytic converters to a metal recycler without a verifiable receipt from a repair facility. The metal recycler must obtain a copy of the valid license issued by TDLR and provide it to the city's police department pursuant to this code.
(2) 
For individual sellers:
(A) 
The person attempting to sell a catalytic converter provides to the metal recycler:
(i) 
The year, make, model, and vehicle identification number for the vehicle from which the catalytic converter was removed;
(ii) 
A copy of the certificate of title or other documentation indicating that the person has an ownership interest in the vehicle from which the catalytic converter was removed; and
(iii) 
Any other information required by chapter 1956 of the Texas Occupations Code.
(B) 
Once the metal recycler has purchased the catalytic converter, the metal recycler shall:
(i) 
Take a photograph of:
a. 
All sides of the catalytic converter, and if round, both halves;
b. 
The serial number; and any owner applied number, such as an etched serial number, VIN, etc.
(ii) 
The metal recycler must keep and maintain in a format and manner as prescribed by the city's police department the photographs and all information required pursuant to subsection (2)(A) of this section. The metal recycler must maintain these photographs and records and allow for inspection and copying by the city's police department on request.
(Ordinance 445 adopted 12/6/2022)
(a) 
It shall be unlawful for any person to possess a catalytic converter that is detached by any method other than having been unbolted from a motor vehicle or otherwise removed while intact within a complete automotive exhaust system.
(b) 
It shall be unlawful for any person to possess a catalytic converter that is detached from a motor vehicle with intent to sell the catalytic converter unless:
(1) 
The person possessing the catalytic converter presents proof of the person's ownership of the vehicle from which the converter was removed, and can reasonably link the catalytic converter to the vehicle; or
(2) 
The person presents proof that the possession of the catalytic converter lawfully passed from the owner of the vehicle from which the converter was removed to the person.
(c) 
For purposes of this section, possession of the detached catalytic converter, whether removed by cutting, unbolting, or any other method of detachment, in violation of subsection (a) or (b) of this section shall be prima facie evidence of intent to sell unless the catalytic converter is intact within a complete automotive exhaust system.
(Ordinance 445 adopted 12/6/2022)
A violation of this article shall constitute a class C misdemeanor. Any person who shall intentionally, knowingly, recklessly, or with criminal negligence, violate any provision of this article shall be fined in an amount not to exceed $500.00. Each day of violation shall constitute a separate offense not to exceed $2,000.00.
(Ordinance 445 adopted 12/6/2022)