Texas § OC.1956.022 - ISSUANCE OF CERTIFICATE

§ OC.1956.022. ISSUANCE OF CERTIFICATE

ISSUANCE OF CERTIFICATE; QUALIFICATIONS. (a) The department shall issue a certificate of registration to an applicant who: (1) applies and pays a registration fee; (2) presents any relevant evidence relating to the applicant's qualifications as required by commission rule; (3) submits a declaration describing the extent to which the applicant intends to engage in transactions involving catalytic converters removed from motor vehicles in the course of the applicant's business activity; (4) presents evidence satisfactory to the department that the applicant intends to act as a metal recycling entity and use a fixed location to wholly or partly conduct an activity described by Section 1956.001 (7); and (5) provides the physical address of the fixed location described by Subdivision (4). (a-1) If the applicant's business activity involves catalytic converters removed from motor vehicles, the declaration described by Subsection (a)(3) must state: (1) whether the applicant will engage in a business activity described by Section 1956.001 (7)(A) or (B) with respect to catalytic converters removed from motor vehicles; (2) whether the applicant will engage in a business activity described by Section 1956.001 (7)(C) but not a business activity described by Section 1956.001 (7)(A) or (B), with respect to catalytic converters removed from motor vehicles; or (3) that the applicant will deal only incidentally with catalytic converters removed from motor vehicles. (a-2) An applicant who intends to conduct an activity described by Section 1956.001 (7) at more than one fixed location must complete an application and obtain a certificate of registration for each fixed location. (b) The commission by rule may establish qualifications for the holder of a certificate of registration under this chapter, which may include accepting copies of a license or permit issued by a county or municipality authorizing a metal recycling entity to conduct business in that county or municipality. The qualifications may differ for a holder of a certificate of registration under this chapter based on the extent to which the person engages in transactions involving catalytic converters removed from motor vehicles as stated on the person's declaration submitted under Subsection (a). Added by Acts 2007, 80th Leg., R.S., Ch. 1316 (S.B. 1154 ), Sec. 2, eff. September 1, 2007. Amended by: Acts 2023, 88th Leg., R.S., Ch. 269 (S.B. 224 ), Sec. 3.04, eff. May 29, 2023.