State Laws and City of Austin Ordinances
The following is a list of State laws and Local Ordinances which govern the operation of the following types of business within the City of Austin. The Commercial Burglary and Metal Theft Unit is tasked with regulating the below entities based on state law and local ordinances. One method of regulation is accomplished by conducting inspections periodically.
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Pawn Shops
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Crafted Precious Metal Dealers
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Scrap Metal Recyclers
Pawn Shops
Texas Finance Code Title 4 Chapter 371 Pawnshops
http://www.statutes.legis.state.tx.us/Docs/FI/htm/FI.371.htm
Austin City Code Title 4 Chapter 4-6 Pawnbrokers, Jewelers, and Secondhand Good Dealers
(Click Title 4 and pick Ch. 4-6)
https://library.municode.com/index.aspx?clientId=15302
Crafted Precious Metal Dealers
Texas Occupations Code Subchapter B Chapter 1956.051
Sale of Crafted Precious Metal to Dealers (Click link and scroll down to Subchapter B)
http://www.statutes.legis.state.tx.us/Docs/OC/htm/OC.1956.htm
Austin City Code title 4 Chapter 4-6 Pawnbrokers, Jewelers, and Secondhand Good Dealers
(Click Title 4 and pick Ch. 4-6)
https://library.municode.com/index.aspx?clientId=15302
Metal Recycling Entities
Texas Occupations Code Subchapter A Metal Recycling Entities Chapter 1956
http://www.statutes.legis.state.tx.us/Docs/OC/htm/OC.1956.htm
Austin City Code Title 4 Chapter 4-7 Metal Recyclers (Click Title 4 to expand and pick Ch. 4-7)
https://library.municode.com/index.aspx?clientId=15302
Enforcement
The following are explanations of violations of State Law and Local ordinances, which the Commercial Burglary and Metal theft Unit investigates.
Commercial Burglaries are incidents where a person or persons enter a business without the effective consent of the owner with intent to commit a theft, felony or assault. Click on the below listed link for review the entire law.
Texas Penal Code Chapter 30 Sec. 30.02 Burglary
http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.30.htm
Theft is an incident where a person unlawfully appropriates property with intent to deprive the owner of the property. The Theft Statute includes Theft of Metal. Metal, in this chapter, is described as items made from aluminum, copper, bronze or brass.
Texas Penal Code Chapter 31 Theft
http://www.statutes.legis.state.tx.us/SOTWDocs/PE/htm/PE.31.htm
Additionally, it is illegal for a person to sell a regulated material to a metal recycling entity, and during the course of the sale, present written documentation or sign a written statement provided by the recycling entity that they own the regulated material or say that they have permission to sell the regulated material. For the definition of a regulated material and a complete copy of the law, follow the below link.
Texas Occupations Code Subchapter A Metal Recycling Entities Chapter 1956
http://www.statutes.legis.state.tx.us/Docs/OC/htm/OC.1956.htm
Forms
In order to register with the City of Austin as a Precious Metal Dealer or a Metal Recycling Entity please visit our website. You may also call or email to request an application to register with the city. Precious Metal Dealers can also contact APD for additional forms to document their purchases of precious metals.
Metal Recycler contacts
Sgt. Cliff Rogers
(512) 974-3648
Email
Det. Dustin Smart
(512) 974-4541
Email
Precious Metal Dealers contact
Det. Dustin Smart
(512) 974-4541
Email