(a) Required elements. For each transaction in which a dealer purchases crafted precious metal, the dealer must prepare a transaction report form. The report form must be preprinted and prenumbered and must contain the following required elements:
  (1) the date of purchase;
  (2) the name and address of the dealer's permanent business location;
  (3) the name and address where the dealer purchased the crafted precious metal, if the location is different than the dealer's permanent business location and the transaction takes place in person;
  (4) the dealer's registration number;
  (5) the full name of the seller, as listed on the seller's driver's license or personal identification certificate as defined by Texas Occupations Code, §1956.001(8);
  (6) a physical description of the seller to include:
    (A) date of birth;
    (B) height;
    (C) eye color;
    (D) gender;
  (7) the physical address where the seller is residing at the time of the transaction;
  (8) the seller's driver's license number, personal identification certificate number, or handgun license number;
  (9) a description of the crafted precious metal purchased by the dealer, using either:
    (A) a list containing a description of the crafted precious metal purchased by the dealer, including:
      (i) total number of items purchased by the dealer;
      (ii) type of each item (e.g., fork, tray, chain, ring);
      (iii) type, color, and purity of each kind of metal purchased (e.g., 10 karat white gold, 0.925 sterling silver);
      (iv) weight in troy ounces, grams, or pennyweights for each metal group provided in clause (iii) of this subparagraph;
      (v) amount paid by the dealer for each metal group provided in clause (iii) of this subparagraph;
      (vi) color (e.g. clear, blue, green), number, and approximate size (e.g., small, medium, large) of any stones and which item(s) include those stones;
      (vii) size or length of each item (e.g., size 7, 18 inches);
      (viii) any discernible serial numbers;
      (ix) any engravings, inscriptions, distinctive markings, or designs;
      (x) gender for which any jewelry item was manufactured, if identifiable; or
    (B) a description of the crafted precious metal purchased by the dealer accompanied by a clear image of all items purchased, including:
      (i) total number of items purchased by the dealer;
      (ii) type of each item (e.g., fork, tray, chain, ring);
      (iii) type, color, and purity of each kind of metal purchased (e.g., 10 karat white gold, 0.925 sterling silver);
      (iv) weight in troy ounces, grams, or pennyweights for each metal group provided in clause (iii) of this subparagraph;
      (v) amount paid by the dealer for each metal group provided in clause (iii) of this subparagraph;
      (vi) color (e.g., clear, blue, green), number, and approximate size (e.g., small, medium, large) of any stones and which item(s) include those stones;
      (vii) a clear photocopy or digital photograph of all items purchased by the dealer;
      (viii) any unique markings that are not visible and identifiable from the image(s);
  (10) the total amount paid to the seller by the dealer;
  (11) the seller's certification that the seller's name and address, as well as the description of the crafted precious metal, are true and complete;
  (12) the seller's representation that the seller has the right to possess and sell the property;
  (13) the following notice: "This business is registered under the laws of the State of Texas and by state law is subject to regulatory oversight by the Office of Consumer Credit Commissioner. Any consumer wishing to file a complaint against this business may contact the Office of Consumer Credit Commissioner through one of the means indicated below: In Person or U.S. Mail: 2601 North Lamar Boulevard, Austin, Texas 78705-4207. Telephone No.: (800) 538-1579. Fax No.: (512) 936-7610. E-mail: consumer.complaints@occc.texas.gov. Website: occc.texas.gov."
(b) Other information permissible on form. Other information aside from that listed in subsection (a) of this section may be included on the transaction report form as long as it is not misleading with respect to rights arising under the law.
(c) Required scrap value estimation records. For each transaction in which a dealer purchases crafted precious metal, the dealer must maintain a record including a reasonable, good faith estimate of the item's scrap value or the percentage of scrap value that the dealer will pay the seller. The scrap value estimation is not required on the seller's receipt copy of the transaction report form, but must be included on the dealer's copy of the transaction report form. Scrap value estimation records must be maintained for three years as required by Texas Occupations Code, §1956.063(d).

Source Note: The provisions of this §85.2001 adopted to be effective November 10, 2011, 36 TexReg 7531; amended to be effective March 10, 2016, 41 TexReg 1679