§ 4-7-17. RECORDS REQUIRED.

(A)

With the exception of the sale or transfer of aluminum cans, a metal recycler shall keep at its place of business a daily record containing a full description of each transaction in which regulated material is purchased or otherwise received at his place of business. Such description shall include:

(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 photocopy of the valid identification presented that establishes that the person transferring, selling, or otherwise giving the items is at least 18 years of age by presenting valid identification, including a photograph of the person transferring, selling, or otherwise giving the items in the form of:

(a)

a current driver's license from Texas or another state within in the United States;

(b)

an identification card issued by the Texas Department of Public Safety; or

(c)

a United States military identification card;

(4)

a description of the motor vehicle and/or trailer or other mode of transportation in or on which each item received was carried to, delivered to, or transported to the metal recycler entity's place of business, including state and license plate number, if applicable;

(5)

a description of the items received as part of the transaction including, where customary in the business, the weight, material, capacity, and any other designations or descriptions customarily employed in the sale and purchase of such items;

(6)

the name or employee number of the employee who facilitates or conducts the transaction;

(7)

whether the person:

(a)

presented a written document evidencing that the person is the legal owner or is lawfully entitled to sell the regulated material; or

(b)

signed a written statement evidencing that the person is the legal owner of or is lawfully entitled to sell the regulated material offered for sale.

(B)

A metal recycler shall maintain on file the information required by this Section for not less than three years from the date the record is made.

(C)

A metal recycler shall make these records available for inspection by any peace officer, upon request, at a metal recycler's place of business during the usual and customary business hours of the metal recycler.

(D)

A metal recycler shall furnish the reports required under the Texas Occupations Code to the State no later than the end of the second business day after purchase date.

(E)

A metal recycler shall maintain at its place of business a facsimile machine, computer, or other equipment of similar function on which communications may be expeditiously received from the department, or sent to the department upon request. The equipment must be operable at all times during the usual and customary business hours of the metal recycler. The metal recycler shall notify the chief within 24 hours after any change in the facsimile number or electronic mail address.

Source: 20100826-028.