1. (a) No metal recycling entity may operate until they have received a certificate of registration certifying a completed application and payment of fees. Any metal recycling entity that had an active free registration may continue to operate until that registration expires or for 60 days, whichever is earlier, before obtaining a certificate of registration which requires the payment of fees. A person who is required to register and who is not registered may apply for registration at any time.
2. (b) A certificate of registration as required by subsection (a) of this section may only be obtained by submitting an Application for Certificate of Registration (MRB 1) to the department using online forms provided by the department via the program's website at https://records.txdps.state.tx.us/DPS_WEB/MetalsNew/index.aspx.

3. (c) The MRB 1 includes, but is not limited to, the following:

   1. (1) Criminal history disclosure of all convictions and deferred adjudications for each person providing a signature for the application, each person listed as a business owner engaged in the regular course of business of a metal recycling entity on the application, and each person designated as an on-site representative on the application.
   2. (2) Proof of entity form and current status as required by the department. Such proof includes, but is 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. (3) All fees required pursuant to §36.21 of this title (relating to Fees).
4. (d) Applicants conducting business at more than one location must complete an MRB 1 for each location at which the applicant proposes to conduct business and obtain a certificate of registration for each location at which the applicant proposes to conduct business.

5. (e) An applicant for a certificate of registration may not, within two years prior to the date of the application, have previously:

   1. (1) had a certificate of registration revoked;
   2. (2) obtained a certificate of registration by means of fraud, misrepresentation, or concealment of material fact;
   3. (3) sold, bartered, or offered to sell or barter a certificate of registration; or
   4. (4) violated §1956.040(b) of the Act.
6. (f) An applicant must submit a Statutory Agent Disclosure as described in §36.5 of this title (relating to Statutory Agent Disclosure) along with the MRB 1.
7. (g) The failure of an applicant to meet any of the conditions of subsections (a) - (f) of this section will be grounds for denial of the application under §1956.151 of the Act.

Source Note:The provisions of this §36.4 adopted to be effective November 11, 2010, 35 TexReg 9923.