NATURAL RESOURCES CODE

CHAPTER 112. USED OIL FIELD EQUIPMENT DEALERS

SUBCHAPTER A. GENERAL PROVISIONS


	§ 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, § 1, eff. Sept. 1, 
1977.  Amended by Acts 1981, 67th Leg., p. 2339, ch. 573, § 1, 
eff. Aug. 31, 1981.


	§ 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, § 1, eff. Sept. 1, 
1977. 
	[Sections 112.003 to 112.010 reserved for expansion]                           

SUBCHAPTER B. SALE OF USED EQUIPMENT


	§ 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, § 1, eff. Sept. 1, 
1977.  Amended by Acts 1981, 67th Leg., p. 2339, ch. 573, § 2, 
eff. Aug. 31, 1981.


	§ 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, § 1, eff. Sept. 1, 
1977.  Amended by Acts 1981, 67th Leg., p. 2340, ch. 573, § 3, 
eff. Aug. 31, 1981.
	[Sections 112.013 to 112.030 reserved for expansion]                           

SUBCHAPTER C. ENFORCEMENT;  PENALTY


	§ 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, § 1, eff. Sept. 1, 
1977. 


	§ 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, § 1, eff. Sept. 1, 
1977.  Amended by Acts 1981, 67th Leg., p. 2340, ch. 573, § 4, 
eff. Aug. 31, 1981.


	§ 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, § 5, eff. Aug. 
31, 1981.  Amended by Acts 1983, 68th Leg., p. 4526, ch. 741, § 3, 
eff. Sept. 1, 1983.