The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Applicant
means any person who/which applies for a license under this article.
Licensee
means a person who holds a metal recycling business license issued under this article.
Metal recycling entity
has the meaning given that term by Texas Occupations Code § 956.001(7).
Minor
means any person under 18 years of age.
Personal identification document
has the meaning given that term by Texas Occupations Code § 1956.001(8).
Regulated material
has the meaning given that term by Texas Occupations Code § 1956.001(9).
(Code 1997, § 122.01; Ordinance 07-77)
(a) 
This article is adopted pursuant to the authority of Texas Occupations Code § 1956.003 and shall be interpreted with reference to that code. It is the intent of this article to impose standards that may be in addition to and more stringent than the requirements of Texas Occupations Code ch. 1956, but which do not conflict with such state law.
(b) 
This article does not apply to:
(1) 
A purchase of regulated materials from a public utility or a manufacturing, industrial, commercial, retail or other seller that sells regulated material in the ordinary course of the seller's business;
(2) 
A purchase of regulated material by a manufacturer whose primary business is the manufacture of iron and steel products made from melting scrap iron and scrap steel; or
(3) 
The transport or hauling of recyclable materials to or from the metal recycling entity.
(Ordinance 07-77)
(a) 
All regulated materials in the custody of a metal recycling entity and all records required by this article shall be subject to inspection by peace officers of this state during the entity's regular business hours or upon two hours verbal or written notice by a peace officer.
(b) 
Upon request by a peace officer, the regulated entity shall provide the officer with a copy of any record, photograph, receipt, recording or other document that the entity is required to maintain pursuant to this article.
A metal recycling entity may not purchase regulated materials from the general public except between the hours of 8:00 a.m. through 6:00 p.m., and at his licensed place of business. All payments by a metal recycling entity for purchased materials shall be by check; cash payments are prohibited.
(Code 1997, § 122.07; Ordinance 07-77)
A person may not:
(1) 
Display to a metal recycling entity a false or invalid personal identification document in connection with the person's attempted sale of regulated material.
(2) 
Make a false, material statement or representation to a metal recycling entity in connection with:
a. 
That person's execution of a written statement required by section 28-535(a)(3); or
b. 
The entity's efforts to obtain the information required under section 28-536(b).
(3) 
Display or provide to a metal recycling entity any information required under section 28-535 that the person knows is false or invalid.
(4) 
Display another individual's personal identification document in connection with the sale of regulated material.
(a) 
No metal recycling entity shall purchase, or otherwise receive in the course of his business, any item, ownership of which is claimed by any minor, or which may be in the possession or under control of a minor, unless:
(1) 
The minor is accompanied by his parent or guardian, who shall state in writing that such transaction is taking place with such parent's or guardian's full knowledge and consent; or
(2) 
The only items offered for sale by the minor are aluminum cans.
(b) 
It shall be the duty of such metal recycling entity to preserve and keep on file, and available for inspection, such written statements of consent for a period of not less than three years.
(Code 1997, § 122.08; Ordinance 07-77)
(a) 
Each metal recycling entity shall maintain a record of the following information with respect to each transaction in which regulated materials are purchased or received by the entity:
(1) 
The date and time of receipt of any item;
(2) 
The full name and current address of the person or place of business from whom each item was received;
(3) 
A digital photograph of the person from whom the item is received and a copy of a personal identification document reflecting that the person is at least 18 years of age;
(4) 
A digital photograph and description of the motor vehicle and/or trailer or other mode of transportation on which the item was delivered, including the license plate information;
(5) 
Information concerning the origin of the regulated materials;
(6) 
A digital photograph of each item received, together with a description of the size, weight, material, length and other information customarily employed in the sale and purchase of such items;
(7) 
The name or employee identification number of the recycling entity employee who facilitates or conducts the transaction; and
(8) 
A copy of the check issued by the recycling entity as payment for the purchase of the regulated materials.
(b) 
The records required by this section shall be maintained in English and must be completed not later than the end of the business day in which the transaction occurs. The records shall be maintained in an electronic web-based format capable of uploading via the internet to a site designated by the chief of police. The chief of police shall prescribe rules to implement the electronic recordkeeping required by this section. Pending such rules, the recycling business entity shall maintain paper records of the required information.
(c) 
The records required by this section shall be maintained for a period of at least three years following the date of the transaction.
(Code 1997, § 122.09; Ordinance 07-77)
(a) 
Except as provided by subsection (f) of this section, a person attempting to sell regulated material to a metal recycling entity shall:
(1) 
Display to the metal recycling entity the person's personal identification document;
(2) 
Provide to the metal recycling entity the make, model, color, and license plate number of the motor vehicle used to transport the regulated material and the name of the state issuing the license plate;
(3) 
Either:
a. 
Present written documentation evidencing that the person is the legal owner or is lawfully entitled to sell the regulated material; or
b. 
Sign a written statement provided by the metal recycling entity that the person is the legal owner of or is lawfully entitled to sell the regulated material offered for sale;
(4) 
If the regulated material includes condensing or evaporator coils for central heating or air conditioning units, display to the metal recycling entity:
a. 
The person's air conditioning and refrigeration contractor license issued under Texas Occupations Code ch. 1302, subch. F (Texas Occupations Code § 1302.251 et seq.) or issued by the city (if required);
b. 
The person's air conditioning and refrigeration technician registration issued under Texas Occupations Code ch. 1302, subch. K (Texas Occupations Code § 1302.501 et seq.);
c. 
A receipt, bill of sale, or other documentation showing that the seller purchased the coils the seller is attempting to sell; or
d. 
A receipt, bill of sale, or other documentation showing that the seller has purchased a replacement central heating or air conditioning unit; and
(5) 
If the regulated material includes a insulated communications wire that has been burned wholly or partly to remove the insulation, display to the metal recycling entity documentation acceptable under state rules that states that the material was salvaged from a fire.
(b) 
The metal recycling entity or the entity's agent shall visually verify the accuracy of the identification presented by the seller at the time of the purchase of regulated material and make a copy of the identification to be maintained by the entity in the entity's records, except as otherwise provided by subsection (f) of this section.
(c) 
The metal recycling entity or the entity's agent for recordkeeping purposes may photograph the seller's entire face, not including any hat, and obtain the name of the seller's employer.
(d) 
The metal recycling entity or the entity's agent for recordkeeping purposes may take a photograph of the motor vehicle of the seller in which the make, model, and license plate number of the motor vehicle are identifiable in lieu of the information required under subsection (a)(3) of this section.
(e) 
The metal recycling entity is not required to make a copy of the identification as required under subsection (c) of this section or collect the information required under subsection (a)(3) of this section if:
(1) 
The seller signs the written statement as required under subsection (a)(3) of this section;
(2) 
The seller has previously provided the information required under subsection (a) of this section; and
(3) 
The previously provided information has not changed.
(f) 
The metal recycling entity shall verify the registration of a person attempting to sell regulated material who represents that the person is a metal recycling entity as follows:
(1) 
By using the database described by Texas Occupations Code § 1956.016; or
(2) 
By obtaining from the person a copy of the person's certificate of registration issued under Texas Occupations Code § 1956.022, in addition to the information required under subsection (a) of this section.
(a) 
Each metal recycling entity shall keep an accurate electronic record or an accurate and legible written record of each purchase of regulated material made in the course of the entity's business from an individual.
(b) 
The record must be in English and include:
(1) 
The place and date of the purchase;
(2) 
The name and address of the seller in possession of the regulated material purchased;
(3) 
The identifying number of the seller's personal identification document;
(4) 
A description made in accordance with the custom of the trade of the commodity type and quantity of regulated material purchased;
(5) 
The information required by section 28-535(a)(2) and (3);
(6) 
As applicable:
a. 
The identifying number of the seller's air conditioning and refrigeration contractor license displayed under section 28-535(a)(4)a;
b. 
A copy of the seller's air conditioning and refrigeration technician registration displayed under section 28-535(a)(4)b;
c. 
A copy of the documentation described by section 28-535(a)(4)c; or
d. 
A copy of the documentation described by section 28-535(a)(4)d;
(7) 
If applicable, a copy of the documentation described by section 28-535(a)(5); and
(8) 
A copy of the documentation described by section 28-535(f).
(a) 
In addition to the requirements of sections 28-535 and 28-536, for each purchase by a metal recycling entity of an item of regulated metal, the entity shall obtain a digital photograph or video recording that accurately depicts the seller's entire face and each type of regulated metal purchased.
(b) 
A metal recycling entity shall preserve a photograph or recording required under subsection (a) of this section as follows:
(1) 
For a video recording, until the 91st day after the date of the transaction.
(2) 
For a digital photograph, until the 181st day after the date of the transaction.
(c) 
The photograph or recording must be made available for inspection as provided by section 28-530 not later than 72 hours after the time of purchase.
(a) 
A metal recycling entity may not dispose of, process, sell, or remove from the premises an item of regulated metal unless:
(1) 
The entity acquired the item more than:
a. 
Eight days, excluding weekends and holidays, before the disposal, processing, sale, or removal, if the item is a cemetery vase, receptacle, or memorial made from a regulated material other than aluminum material; or
b. 
72 hours, excluding weekends and holidays, before the disposal, processing, sale, or removal, if the item is not an item described by subsection (a)(1)a of this section; or
(2) 
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.
(b) 
A peace officer who has reasonable suspicion to believe that an item of regulated material in the possession of a metal recycling entity is stolen may place the item on hold by issuing to the entity a written notice that:
(1) 
Specifically identifies the item alleged to be stolen and subject to the hold; and
(2) 
Informs the entity of the requirements of subsection (c) of this section.
(c) 
On receiving the notice, the entity may not, except as provided by subsection (e) of this section, process or remove from the entity's premises the identified item before the 60th day after the date the notice is issued unless the hold is released at an earlier time in writing by a peace officer of this state or a court order.
(d) 
After the holding period expires, the entity may dispose of the item unless disposition violates a court order.
(e) 
If a hold is placed on a purchase of regulated material, a metal recycling entity may not dispose of, process, sell, or remove from the premises any item from the purchased material unless the hold on the material is released.
(f) 
Metal recycling entities shall affix or otherwise attach a tag or label to each item maintained for a minimum of 72 hours under the provisions of this section that includes the date of receipt of the item to which the tag or label is attached, the name and address of the person and place of business from whom such item was received, and the corresponding individual transaction
(Code 1997, § 122.10; Ordinance 07-77)
A person may not act as a metal recycling entity or represent to the public that the person is a metal recycling entity unless the person has a valid metal recycling business license issued under this division. The license shall be posted in a conspicuous place upon the licensed premises and visible to the public.
(Code 1997, § 122.03; Ordinance 07-77)
(a) 
Any person desiring a license required by this division shall make application therefor in writing to the chief of police on an application form provided for that purpose. On the application, the applicant shall set forth:
(1) 
The full name and residential address and work address of the applicant;
(2) 
The business phone number of the applicant and his or a duly authorized representative's residential or cell phone number;
(3) 
A statement indicating whether the applicant is a citizen of the United States or an alien legally residing in the United States;
(4) 
The applicant's business federal tax identification number;
(5) 
The full name and address of each partner if the applicant is a partnership;
(6) 
The full name and address of each officer and director if the applicant is a corporation; (7)
(7) 
The fixed and permanent location where the business is to be conducted and proof of the applicant's ownership of the private property or lease of the private property or a written statement including the name, address and telephone number of the property owner or authorized agent, granting permission for operation of the business at the proposed location where the applicant's business will be in operation. If the property owner is a partnership or corporation, the statement shall include the name, address, and the telephone number of one of the partners or one of the principals prior to issuance of any license;
(8) 
The regular days and hours of operation;
(9) 
The applicant's date of birth, place of birth, and each address where he has resided in the five years immediately preceding his application;
(10) 
A statement of whether the individual applicant, any partner in a partnership, or any officer or director of a corporation, has been arrested, charged, convicted or placed on probation or deferred adjudication for any criminal offense in this state or any other state or country. If he has been arrested or jailed for any such offense, he shall set out the offense for which he was arrested, jailed, or imprisoned, the date of the arrest or confinement, and the place, court and case number of the case;
(11) 
A statement that neither he nor any business partner, nor, in the case of a corporation, any corporate officer or director, has had a license governing the businesses described herein revoked;
(12) 
The signature of the applicant or a duly authorized representative of the applicant;
(13) 
A sworn and notarized statement that all matters stated in the application are true and correct;
(14) 
Evidence that he is at least 18 years of age by presentation of valid identification, including a photograph showing the face of the applicant, in the form of:
a. 
A current driver's license from Texas or another state within the United States;
b. 
An identification card issued by the Texas Department of Public Safety, or a corresponding card or certificate issued by another state; or
c. 
A United States military identification card;
(15) 
Evidence of the applicant's establishment and existence in the event it is an entity such as a partnership, corporation, joint venture, etc.; and
(16) 
Such other information as the chief of police finds relevant.
(b) 
The chief of police shall review and approve the application and issue a license unless he finds:
(1) 
The information provided in the application is incomplete, materially false or incorrect or the application has failed in any material way to comply with this division and applicable rules and regulations; or
(2) 
The applicant has had a license revoked during the preceding two-year period.
(Code 1997, § 122.04; Ordinance 07-77)
There is no fee for issuance of a metal recycling business license by the city. A license shall be valid for one year from the date of issuance and shall be subject to annual renewal.
(Code 1997, § 122.05; Ordinance 07-77)
(a) 
The chief of police may revoke or suspend a metal recycling business license for any conduct that violates any provision of this division or an applicable state law or regulation concerning the metal recycling business, including, but not limited to, the failure to maintain any records required by this division.
(b) 
No license issued under this division may be revoked or suspended without a hearing. Written notice of the hearing, the administrative action to be taken, and the grounds therefore, shall be given to the licensee by certified or registered mail at least ten days prior to the hearing. Mailing of such notice to the last-known business address of the licensee shall constitute sufficient notice. A record of such hearing shall be made. Within ten days of the hearing, the chief of police shall make a written decision setting forth the reason or grounds for such administrative action. Such decisions shall be mailed by certified or registered mail to the licensee affected by the decision. The effective date of any revocation shall be stated in the decision.
(c) 
At the discretion of the chief of police, both criminal prosecution and suspension or revocation may be pursued; provided, however, unsuccessful or no criminal prosecution shall not preclude suspension or revocation.
(d) 
Appeals from a decision by the chief of police shall be made by the licensee in writing to the city manager within 20 days of such decision. The city manager shall review the record and decision made by the chief of police. The city manager may, in his discretion, hold a hearing upon proper notice to the appealing party. The city manager shall make a written decision either upholding, modifying or reversing the decision of the chief of police. The decision of the city manager shall be final.
(Code 1997, § 122.06; Ordinance 07-77)