A metal recycling entity may not purchase or otherwise acquire copper or brass material from a person described by Section 1956.002(1), unless each of the following is satisfied:
(1) the person selling the copper or brass material to the metal recycling entity acquired it in the ordinary course of the person's business, including in the ordinary course of business of any of the following entities:
- (A) a business that owns the copper or brass material;
- (B) a public utility or common carrier;
- (C) a telecommunications provider as defined by Section 51.002, Utilities Code;
- (D) a cable service provider as defined by Section 66.002, Utilities Code;
- (E) a video service provider as defined by Section 66.002, Utilities Code;
- (F) a manufacturing, industrial, commercial, retail, or other business that sells the material in the ordinary course of the seller's business;
- (G) a carrier-for-hire acting in the course and scope of the carrier's business with a bill of lading or a contract verifying transport information;
- (H) a metal recycling entity registered under this chapter acting within the course and scope of the entity's business; or
- (I) a person acting in the ordinary course of the person's business who lawfully acquires possession of the materials during the construction, remodeling, demolition, or salvage of a building or other structure in which the materials were installed or contained; and
- (2) any individual acting on behalf of the person described by Subdivision (1) has apparent authority to enter into the transaction and is acting in the scope of that authority.
Added by Acts 2025, 89th Leg., R.S., Ch. 319 (S.B. 1646), Sec. 2.04, eff. May 30, 2025.