Texas Scrap Metal Laws

Payment Restrictions:

Fingerprinting:

Video Recording:

Tag and Hold:

License Scanning:

Vehicle Descriptions:

Taking Photographs of Materials:

Taking Photographs of Customers Faces:

Notify Law Enforcement:

NMVTIS Reporting:

Legal Mandates

Updated January 2014

State Requirements

In order to sell scrap metal, sellers will be required to:

         ·            Present and allow a photocopy of a driver's license, military ID or state ID card;

         ·            Present and allow a photocopy of HVAC or Contractors license to be kept on file (if applicable);

         ·            Sign a statement indicating that they are the owner of or are authorized to sell the metal;

         ·            Sign a statement that they have not been convicted of metal theft;

         ·            Provide a right thumbprint to be kept on file.

Buyer’s must:

• Record vehicle make, model and license plate number (including issuing state) of sellers vehicle used to transport scrap
• Keep a record of sellers name, address, phone number and date of sale
• Keep a photograph (keep on file for 181 days) or video (keep on file for 91 days) of the sellers face and materials being sold
• All sales tickets must have date and time of the sale, as well as the name of the clerk completing the sale and address including county of the scrap yard.
  • Must also show the type of metal, weight, quantity and/or volume of the material
  • Sales tickets must show dollar amount paid to seller.
  • Sales tickets must be signed by the seller.  Seller will receive a copy of the receipt and buyer will retain a copy.

         ·            Buyer must report purchased vehicle information to NMVTIS

         ·            There is a tag-and-hold policy on all materials for a period of 3 days

NOTE:  Please be aware of your local ordinances.  Many cities and counties have additional ordinances that may not be listed here.

Keep records, certifications, registrations, etc. on site for 3 years.

Scrap recyclers must maintain a record of all purchases for a minimum of two years and is subject to inspection by any law enforcement at any time. There is a tag-and-hold policy on all materials for a period of 3 days, which may be extended to 60 days by law enforcement if the item is suspected of being unlawfully obtained. 

If a metal recycling entity purchases bronze material that is a cemetery vase, receptacle, memorial, or statuary or a pipe that can reasonably be identified as aluminum irrigation pipe, the entity shall notify the department of the purchase by the close of the business day via program's website.  These materials must be held for a period of 7 days.  All other materials must be reported to law enforcement within 2 business days.

It is unlawful to purchase the following regulated materials without express written proof that the seller is legally permitted to sell such items.  All purchases of the following materials must be reported to local law enforcement within 7 days:  Manhole covers, road and bridge guard rails, metal cylinders that contain(ed) gasses or oxygen, historical markers, grave markers and vases, any scrap metal marked as belonging to a public utility or private business, street light poles and fixtures, traffic or street signs or signals, water meter covers, safes, communication wire or cable, railroad equipment, and catalytic converters not attached to a vehicle.

No recycler, scrap metal dealer, or scrap yard operator may purchase any metal beer keg, whether damaged or undamaged, except from the brewer or its authorized representative, if: (1) The keg is clearly marked as the property of a brewery manufacturer; or (2) The keg's identification markings have been made illegible

It is unlawful to purchase air conditioner coils or condensers from anyone who is not HVAC certified and legally permitted to sell such items.  Proof of licensure must be kept on file.  Payment must be made by check and sent to the business address.  If seller is a private citizen, they must provide a bill, receipt or other documentation that the person purchased the coils/condensers or that they purchased a replacement central air/air conditioning unit.

It is unlawful to purchase any wire that has been burned, melted or smelted without documentation that the wire was destroyed in a fire.

All regulated metal must be held for a period of 72 hours before disposal, processing, sale or removal.

All scrap metal dealers/recyclers must send a daily log of activities electronically by the end of the next business day (unless the material purchased was a cemetery marker or vase, or an irrigation pipe, those items must be reported on the same day of purchase.  These items must also be held for a period of 8 days before recycling/destroying).  

Only registered dealers can make cash payments.

Links to Other Important Information for Texas Salvage/Recycling

Auto-Parts Salvage/Recycling

·         Tires – http://www.tceq.state.tx.us/compliance/tires/recycling.html

·         State EPA on scrap - http://www.tceq.texas.gov/assistance/industry/auto/salvage.html

·         State laws on scrap yards –http://www.legis.state.tx.us/tlodocs/82R/billtext/pdf/SB00694F.pdf#navpanes=0

o   http://www.txdps.state.tx.us/RSD/metalsRegistration/recordsRetained.htm

o    DPS Sign Up Process: https://records.txdps.state.tx.us/DpsWebsite/Metals/Documents/MetalsUserGuide.pdf

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