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TITLE 37PUBLIC SAFETY AND CORRECTIONS
PART 1TEXAS DEPARTMENT OF PUBLIC SAFETY
CHAPTER 36METALS RECYCLING ENTITIES
SUBCHAPTER BCERTIFICATE OF REGISTRATION
RULE §36.11Application for Certificate of Registration

(a) A certificate of registration may only be obtained through the department's online application process.

(b) The application for certificate of registration must include, but is not limited to:

  (1) Criminal history disclosure of all convictions and deferred adjudications for each person listed as a business owner engaged in the regular course of business of a metal recycling entity on the application;

  (2) Proof of ownership and current status as required by the department, including but not limited to, a current Certificate of Existence or Certificate of Authority from the Texas Office of the Secretary of State and a Certificate of Good Standing from the Texas Comptroller of Public Accounts;

  (3) All fees required pursuant to §36.17 of this title (relating to Fees);

  (4) A copy of any license or permit required by a county, municipality, or political subdivision of this state in order to act as a metal recycling entity in that county or municipality;

  (5) Proof of training pursuant to §36.34 of this title (relating to Texas Metals Program Recycler Training); and

  (6) A statutory agent disclosure pursuant to §36.12 of this title (relating to Statutory Agent Disclosure).

(c) Applicants proposing to conduct business at more than one (1) location must complete an application for each location and obtain a certificate of registration for each location. An applicant proposing to conduct business at more than one (1) location is only required to comply with the requirement of subsection (b)(5) of this section for the initial location at which they are seeking to conduct business.

(d) A new certificate of registration for a metals recycling entity may not be issued if the applicant's immediate family member's registration as a metals recycling entity, at that same location, is currently suspended or revoked, or is subject to a pending administrative action, unless the applicant submits an affidavit stating the family member who is the subject of the suspension, revocation or pending action, has no, nor will have any, direct involvement or influence in the business of the metals recycling entity.

(e) A new certificate of registration may be issued at the same location where a previous owner's registration as a metals recycling entity is pending or currently serving a suspension, revocation, or is subject to a pending administrative action if the applicant submits an affidavit stating the previous owner who is the subject of the suspension, revocation, or other pending administrative action, has no, nor will have any, direct involvement or influence in the business of the metals recycling entity. The affidavit must contain the statement that the affiant understands and agrees that in the event the department discovers the previous registration holder is involved in the business of metals recycling entity at that location, the certificate of registration will be revoked pursuant to §36.53 of this title (relating to Revocation of a Certificate of Registration). In addition to the affidavit, when the change of ownership of the metals recycling entity is by lease of the location, the applicant seeking a certificate of registration must provide a copy of the lease agreement included with the application for certification of registration.

(f) The failure of an applicant to meet any of the conditions of subsections (a) - (e) of this section will result in rejection of the application as incomplete.

(g) An applicant for a certificate of registration is not authorized to engage in any activity for which a certificate of registration is required prior to being issued a certificate of registration by the department.


Source Note: The provisions of this §36.11 adopted to be effective January 10, 2016, 41 TexReg 497

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