| (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
for the owner with a controlling interest in the business, or if no
owner has a controlling interest in the business, for the entity's
on-site representative;
(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) Proof of training pursuant to §36.34 of this
title (relating to Texas Metals Program Recycler Training);
(5) A statutory agent disclosure pursuant to §36.12
of this title (relating to Statutory Agent Disclosure);
(6) The physical address of the fixed location at which
the applicant will conduct regulated metal recycling activities; and
(7) If the applicant's business activity involves catalytic
converters removed from motor vehicles, a declaration on the approved
department form stating:
(A) whether the applicant will engage in a business
activity that involves the conversion of catalytic converters removed
from motor vehicles into raw material products by a method that in
part requires the use of powered tools and equipment or the use of
such raw material products in the manufacture of producer or consumer
goods;
(B) whether the applicant will purchase or otherwise
acquire catalytic converters removed from motor vehicles for the eventual
use of the metal for purposes of the aforementioned business activities
but will not actually engage in those activities; or
(C) that the applicant will deal only incidentally
with catalytic converters removed from motor vehicles.
(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)(4) of this
section for the initial location at which the applicant is 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 currently suspended, is subject to a pending administrative
action, or was previously revoked, if the applicant submits an affidavit
stating the previous owner who is the subject of the suspension, revocation,
or other pending administrative action, will have no 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 certificate
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.
(h) A metal recycling entity whose business activity
substantially changes in the extent to which the entity engages in
transactions involving catalytic converters removed from motor vehicles
must update the entity's declaration at the time of or prior to the
change.
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| Source Note: The provisions of this §36.11 adopted to be effective January 10, 2016, 41 TexReg 497; amended to be effective May 14, 2020, 45 TexReg 3143; amended to be effective November 16, 2023, 48 TexReg 6610 |
