In an update posted to their Texas Metals Program site, the Department of Public Safety determined that an administrative rule issued last year was not limited to knowing violations (as passed in 2017 Texas SB 202) and should be repealed; in the interim, the rule will not be enforced in the absence of intentional or knowing violations.
Why this matters: The initial regulations could have left a recycler open to penalties even if they complied with the statute.
Agreement reached: After discussing the potential chilling impacts on the industry and compliance with Jim Shapiro, VP/Owner of Austin Metal & Iron Co. and President of the Recycling Council of Texas, the Department of Public Services (DPS) agreed to draft and post a notice that the regulations will not be enforced and begin the repeal process.
Bottom line: Quick action by ISRI members will insure recyclers who unknowingly acquire UXO are protected, but also highlights the need to remain engaged in state policy at all levels.
Go deeper: If you have any questions or concerns about pending legislation or regulations or the existing scrap metal requirements in your state, you can always access the tracking tools and state metals theft law summaries on the State Resources and Tracking pages or contact Danielle Waterfield.