Metal recycling entities must keep accurate records for certain copper or brass purchases and acquisitions, retain them for two years, and make them available for inspection within 72 hours. The commission must also adopt related documentation rules.
Sec. 1956.134. CERTAIN RECORDS REQUIRED WHEN PURCHASING OR OTHERWISE ACQUIRING CERTAIN COPPER OR BRASS MATERIAL; OFFENSE. (a) A metal recycling entity shall maintain an accurate record of each transaction in which the entity purchases or otherwise acquires copper or brass material from a person described by Section 1956.133. (b) A record meets the requirements of Subsection (a) if it contains: (1) a description of the weight of copper or brass material purchased or otherwise acquired made in accordance with the custom of the trade for the material that is the subject of the transaction; (2) the business name of the person from whom the copper or brass material was purchased or otherwise acquired; (3) if the copper or brass material includes insulated communications wire that has been burned wholly or partly to remove the insulation, documentation acceptable under the rules adopted under Subsection (f) that states that the material was salvaged from a fire; and (4) the date of the transaction. (c) A metal recycling entity shall preserve each record required by this section until the second anniversary of the date the record was made. The records must be maintained in an easily retrievable format and must be available for inspection as provided by Section 1956.135 not later than 72 hours after the time of purchase or acquisition. (d) A record containing the information described by Subsection (b) that is maintained in accordance with other law or as a routine business practice satisfies the requirements of Subsection (a). (e) The commission by rule shall prescribe the method by which a metal recycling entity is required to document in a record required by this section the type of seller, including a seller listed in Section 1956.133, from which the entity purchased or acquired copper or brass material. (f) The commission shall adopt rules establishing the type of documentation that a person described by Section 1956.133 who sells insulated communications wire described by Subsection (b)(3) must provide to a metal recycling entity to establish that the wire was salvaged from a fire. (g) A metal recycling entity commits an offense if the entity intentionally or knowingly fails to maintain a record as required by this section. An offense under this subsection is a Class A misdemeanor. Added by Acts 2025, 89th Leg., R.S., Ch. 319 (S.B. 1646), Sec. 2.04, eff. May 30, 2025.