CHAPTER 112. USED OIL FIELD EQUIPMENT DEALERS
NATURAL RESOURCES CODE
TITLE 3. OIL AND GAS
SUBTITLE D. REGULATION OF SPECIFIC BUSINESSES AND OCCUPATIONS
CHAPTER 112. USED OIL FIELD EQUIPMENT DEALERS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 112.001. DEFINITIONS. In this chapter:
(1) "Pipeline equipment" means all pipe, fittings, pumps,
telephone and telegraph lines, and all other material and
equipment used as part of or incident to the construction,
maintenance, and operation of a pipeline for the transportation
of oil, gas, water, or other liquid or gaseous substance.
(2) "Oil and gas equipment" means equipment and materials that
are part of or incident to the exploration, development,
maintenance, and operation of oil and gas properties and includes
equipment and materials that are part of or incident to the
construction, maintenance, and operation of oil and gas wells,
oil and gas leases, gasoline plants, and refineries.
(3) "Used materials" means pipeline equipment or oil and gas
equipment after the equipment has once been placed in the use for
which it first was manufactured and intended.
(4) "Dealer" means every person whose primary business is
buying, selling, or otherwise dealing in used materials and who
has a fixed, designated place or places of business within the
state.
(5) "Broker" means every person whose primary business is
buying, selling, or otherwise dealing in used materials as agent
for the seller of the used materials, or as agent for the buyer
of the used materials, or as agent for both.
(6) "Peddler" means every person who is not a dealer or broker
and whose primary business is buying, selling, or otherwise
dealing in used materials.
Acts 1977, 65th Leg., p. 2592, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977. Amended by Acts 1981, 67th Leg., p. 2339, ch. 573,
Sec. 1, eff. Aug. 31, 1981.
Sec. 112.002. APPLICABILITY. The provisions of this chapter
shall not apply if the reasonable market value of the purchase
made is less than $25.
Acts 1977, 65th Leg., p. 2592, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
SUBCHAPTER B. SALE OF USED EQUIPMENT
Sec. 112.011. BILL OF SALE. Before purchasing or acquiring by
exchange used materials, a dealer, broker, or peddler shall
require that a bill of sale for the used materials be executed by
the seller or the person who exchanges the materials. The dealer,
broker, or peddler shall keep a copy of each bill of sale at his
place of business.
Acts 1977, 65th Leg., p. 2592, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977. Amended by Acts 1981, 67th Leg., p. 2339, ch. 573,
Sec. 2, eff. Aug. 31, 1981.
Sec. 112.012. REQUIRED INFORMATION. (a) The bill of sale shall
include:
(1) the name and address of the dealer, broker, or peddler;
(2) the serial number, if any;
(3) the kind, make, size, weight, length, and quantity of the
used materials purchased or acquired by exchange;
(4) the date of the purchase or acquisition by exchange, if
different from the date of the bill of sale;
(5) the name and address of the seller or person who exchanged
the materials;
(6) the place of location of the property at the time purchased
or acquired by exchange;
(7) the license number of each motor vehicle used in
transporting a purchased or exchanged item to the dealer's,
broker's, or peddler's place of business; and
(8) the driver's license number of the seller or person who
exchanged the materials.
(b) A dealer, broker, or peddler under this chapter shall keep
at his regular place of business all records required to be kept
by this chapter for two years after the date of the purchase or
acquisition by exchange of the materials.
Acts 1977, 65th Leg., p. 2592, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977. Amended by Acts 1981, 67th Leg., p. 2340, ch. 573,
Sec. 3, eff. Aug. 31, 1981.
SUBCHAPTER C. ENFORCEMENT; PENALTY
Sec. 112.031. INJUNCTIVE RELIEF. In the name and on behalf of
the State of Texas, the attorney general or any district attorney
or county attorney in this state may enjoin a dealer, peddler, or
broker from continuing in business in this state as a dealer,
peddler, or broker on violation of any of the provisions of this
chapter.
Acts 1977, 65th Leg., p. 2593, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 112.032. CRIMINAL PENALTY. A person, dealer, peddler, or
broker who violates any of the provisions of this chapter is
guilty of a misdemeanor and on conviction is subject to a fine of
not less than $500 for each violation.
Acts 1977, 65th Leg., p. 2593, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977. Amended by Acts 1981, 67th Leg., p. 2340, ch. 573,
Sec. 4, eff. Aug. 31, 1981.
Sec. 112.033. INSPECTION. (a) Any Texas Ranger or other
officer commissioned by the Department of Public Safety, any
sheriff or deputy sheriff, or any municipal police officer may
enter the business premises of a dealer, broker, or peddler under
this chapter during normal business hours to inspect the premises
and the records of the dealer, broker, or peddler to determine
whether the dealer, broker, or peddler is in compliance with this
chapter.
(b) A dealer, broker, or peddler under this chapter must allow
and shall not interfere with inspections conducted pursuant to
this chapter.
(c) Each inspection conducted under this chapter shall be
commenced and completed with reasonable promptness and shall be
conducted in a reasonable manner.
Added by Acts 1981, 67th Leg., p. 2340, ch. 573, Sec. 5, eff.
Aug. 31, 1981. Amended by Acts 1983, 68th Leg., p. 4526, ch. 741,
Sec. 3, eff. Sept. 1, 1983.