| (a) Required elements. For each transaction in which
a dealer purchases crafted precious metal, the dealer must prepare
a transaction report form. The report form must be preprinted and
prenumbered and must contain the following required elements:
(1) the date of purchase;
(2) the name and address of the dealer's permanent
business location;
(3) the name and address where the dealer purchased
the crafted precious metal, if the location is different than the
dealer's permanent business location and the transaction takes place
in person;
(4) the dealer's registration number;
(5) the full name of the seller, as listed on the seller's
driver's license or personal identification certificate as defined
by Texas Occupations Code, §1956.001(8);
(6) a physical description of the seller to include:
(A) date of birth;
(B) height;
(C) eye color;
(D) gender;
(7) the physical address where the seller is residing
at the time of the transaction;
(8) the seller's driver's license number, personal
identification certificate number, or handgun license number;
(9) a description of the crafted precious metal purchased
by the dealer, using either:
(A) a list containing a description of the crafted
precious metal purchased by the dealer, including:
(i) total number of items purchased by the dealer;
(ii) type of each item (e.g., fork, tray, chain, ring);
(iii) type, color, and purity of each kind of metal
purchased (e.g., 10 karat white gold, 0.925 sterling silver);
(iv) weight in troy ounces, grams, or pennyweights
for each metal group provided in clause (iii) of this subparagraph;
(v) amount paid by the dealer for each metal group
provided in clause (iii) of this subparagraph;
(vi) color (e.g. clear, blue, green), number, and approximate
size (e.g., small, medium, large) of any stones and which item(s)
include those stones;
(vii) size or length of each item (e.g., size 7, 18
inches);
(viii) any discernible serial numbers;
(ix) any engravings, inscriptions, distinctive markings,
or designs;
(x) gender for which any jewelry item was manufactured,
if identifiable; or
(B) a description of the crafted precious metal purchased
by the dealer accompanied by a clear image of all items purchased,
including:
(i) total number of items purchased by the dealer;
(ii) type of each item (e.g., fork, tray, chain, ring);
(iii) type, color, and purity of each kind of metal
purchased (e.g., 10 karat white gold, 0.925 sterling silver);
(iv) weight in troy ounces, grams, or pennyweights
for each metal group provided in clause (iii) of this subparagraph;
(v) amount paid by the dealer for each metal group
provided in clause (iii) of this subparagraph;
(vi) color (e.g., clear, blue, green), number, and
approximate size (e.g., small, medium, large) of any stones and which
item(s) include those stones;
(vii) a clear photocopy or digital photograph of all
items purchased by the dealer;
(viii) any unique markings that are not visible and
identifiable from the image(s);
(10) the total amount paid to the seller by the dealer;
(11) the seller's certification that the seller's name
and address, as well as the description of the crafted precious metal,
are true and complete;
(12) the seller's representation that the seller has
the right to possess and sell the property;
(13) the following notice: "This business is registered
under the laws of the State of Texas and by state law is subject to
regulatory oversight by the Office of Consumer Credit Commissioner.
Any consumer wishing to file a complaint against this business may
contact the Office of Consumer Credit Commissioner through one of
the means indicated below: In Person or U.S. Mail: 2601 North Lamar
Boulevard, Austin, Texas 78705-4207. Telephone No.: (800) 538-1579.
Fax No.: (512) 936-7610. E-mail: consumer.complaints@occc.texas.gov.
Website: occc.texas.gov."
(b) Other information permissible on form. Other information
aside from that listed in subsection (a) of this section may be included
on the transaction report form as long as it is not misleading with
respect to rights arising under the law.
(c) Required scrap value estimation records. For each
transaction in which a dealer purchases crafted precious metal, the
dealer must maintain a record including a reasonable, good faith estimate
of the item's scrap value or the percentage of scrap value that the
dealer will pay the seller. The scrap value estimation is not required
on the seller's receipt copy of the transaction report form, but must
be included on the dealer's copy of the transaction report form. Scrap
value estimation records must be maintained for three years as required
by Texas Occupations Code, §1956.063(d).
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