A metal recycling entity generally may not dispose of, process, sell, or remove regulated metal unless it meets a listed waiting-period or seller-source exception, and it must keep a held item in place after a written hold notice until the hold is released or the 60-day period ends.
Sec. 1956.037. PLACEMENT OF ITEMS ON HOLD. (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; (B) five days, excluding weekends and holidays, before the disposal, processing, sale, or removal, if the item is a catalytic converter; or (C) 72 hours, excluding weekends and holidays, before the disposal, processing, sale, or removal, if the item is not an item described by Paragraph (A) or (B); 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). (c) On receiving the notice, the entity may not, except as provided by Subsection (e), 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. Added by Acts 2007, 80th Leg., R.S., Ch. 1316 (S.B. 1154), Sec. 2, eff. September 1, 2007. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1234 (S.B. 694), Sec. 14, eff. September 1, 2011. Acts 2021, 87th Leg., R.S., Ch. 1040 (H.B. 4110), Sec. 7, eff. September 1, 2021.