Criminal Offenses and Penalties

False Identification or False Information
It is a criminal violation to knowingly provide false identification or information to a metal recycling entity or knowingly record information known to be false in the entity's records. A violation is a class A misdemeanor (up to one year in jail and/or a maximum fine of $4,000) unless the defendant previously has been convicted of failure to comply with identification or recording requirements or buying or selling stolen regulated material, in which case the offense is a state-jail felony (180 days to two years in a state jail and an optional fine of up to $10,000).

Purchase of Stolen Material
The purchase of stolen regulated material is a Class A misdemeanor, unless the defendant previously has been convicted of failure to comply with identification or recording requirements or buying or selling stolen regulated material, in which case the offense is a state-jail felony.

Sale of Stolen Material
The sale of stolen regulated material is a state-jail felony, unless the defendant previously has been convicted of failure to comply with identification or recording requirements or buying or selling stolen regulated material, in which case the offense is a third-degree felony (two to 10 years in prison and an optional fine of up to $10,000).

Other Penalties
A court may order an entity to cease doing business as a metal recycling entity for an offense under Chapter 1956, Texas Occupation Code. The order of closure would be limited to 30 days for a first offense and 180 days if it has been shown that the entity previously had been convicted under this section.

If conduct that constitutes an offense under this section also constitutes an offense under any other law, a person may be prosecuted under this section or the other law.