Section 1956.038 - Prohibited Acts(a) A person may not, with the intent to deceive:(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 1956.032(a)(3); or(B) the entity's efforts to obtain the information required under Section 1956.033(b);(3) display or provide to a metal recycling entity any information required under Section 1956.032 that the person knows is false or invalid; or(4) display another individual's personal identification document in connection with the sale of regulated material.(a-1) A metal recycling entity may only pay for a purchase of regulated material in the manner provided by Section 1956.0381.(b) A metal recycling entity may not pay for a purchase of regulated material in cash if: (1) the entity does not hold a certificate of registration under Subchapter A-2 and, if applicable, a license or permit required by a county, municipality, or other political subdivision as authorized under Section 1956.003(b); or(2) the entity has been prohibited by the department from paying cash under Section 1956.036(e).(c) Notwithstanding Section 1956.003(a) or any other law, a county, municipality, or other political subdivision may not adopt or enforce a rule, charter, or ordinance or issue an order or impose standards that limit the use of cash by a metal recycling entity in a manner more restrictive than that provided by Subsection (b).(d) Subsection (c) does not apply to a rule, charter, ordinance, or order of a county, municipality, or other political subdivision in effect on January 1, 2011.(e) The department or a county, municipality, or other political subdivision may bring an action in the county in which a metal recycling entity is located to enjoin the business operations of the owner or operator of the metal recycling entity for a period of not less than 30 days and not more than 90 days if the owner or operator has not submitted an application for a certificate of registration or the appropriate license or permit required by a county, municipality, or other political subdivision.(f) An action under Subsection (e) must be brought in the name of the state. If judgment is in favor of the state, the court shall:(1) enjoin the owner or operator from maintaining or participating in the business of a metal recycling entity for a definite period of not less than 30 days and not more than 90 days, as determined by the court; and(2) order that the place of business of the owner or operator be closed for the same period.Tex. Occ. Code § 1956.038
Amended by Acts 2015, Texas Acts of the 84th Leg. - Regular Session, ch. 1065,Sec. 7, eff. 9/1/2015.Amended By Acts 2011, 82nd Leg., R.S., Ch. 1234, Sec. 15, eff. 9/1/2011.Added by Acts 2007, 80th Leg., R.S., Ch. 1316, Sec. 2, eff. 9/1/2007.