The primary purpose of the Commercial Burglary and Metal Theft Unit is to investigate Burglary of Non Residence (commercial) and facilitate the identification and recovery of stolen property that has been taken to local pawnshops, scrap metal dealers and secondhand stores. 

The Commercial Burglary and Metal Theft Unit initiates and assists other units and agencies with investigations involving fencing and organized criminal activity in relation to stolen property. The unit investigates violations of the Texas Finance Code relating to pawn shops and may refer those violations to the Texas Office of Consumer Credit Commissioner.

State Laws and City of Austin Ordinances

The following is a list of State laws and Local Ordinances which govern the operation of the following types of business within the City of Austin. The Commercial Burglary and Metal Theft Unit is tasked with regulating the below entities based on state law and local ordinances. One method of regulation is accomplished by conducting inspections periodically.

  • Pawn Shops
  • Crafted Precious Metal Dealers
  • Scrap Metal Recyclers

Pawn Shops

Texas Finance Code Title 4 Chapter 371 Pawnshops
http://www.statutes.legis.state.tx.us/Docs/FI/htm/FI.371.htm

Austin City Code Title 4 Chapter 4-6 Pawnbrokers, Jewelers, and Secondhand Good Dealers
(Click Title 4 and pick Ch. 4-6)
https://library.municode.com/index.aspx?clientId=15302

Crafted Precious Metal Dealers

Texas Occupations Code Subchapter B Chapter 1956.051
Sale of Crafted Precious Metal to Dealers (Click link and scroll down to Subchapter B)
http://www.statutes.legis.state.tx.us/Docs/OC/htm/OC.1956.htm

Austin City Code title 4 Chapter 4-6 Pawnbrokers, Jewelers, and Secondhand Good Dealers
(Click Title 4 and pick Ch. 4-6)
https://library.municode.com/index.aspx?clientId=15302

Metal Recycling Entities

Texas Occupations Code Subchapter A Metal Recycling Entities Chapter 1956
http://www.statutes.legis.state.tx.us/Docs/OC/htm/OC.1956.htm

Austin City Code Title 4 Chapter 4-7 Metal Recyclers (Click Title 4 to expand and pick Ch. 4-7)
https://library.municode.com/index.aspx?clientId=15302

Enforcement

The following are explanations of violations of State Law and Local ordinances, which the Commercial Burglary and Metal theft Unit investigates.

Commercial Burglaries are incidents where a person or persons enter a business without the effective consent of the owner with intent to commit a theft, felony or assault. Click on the below listed link for review the entire law.

Texas Penal Code Chapter 30 Sec. 30.02 Burglary
http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.30.htm

Theft is an incident where a person unlawfully appropriates property with intent to deprive the owner of the property. The Theft Statute includes Theft of Metal. Metal, in this chapter, is described as items made from aluminum, copper, bronze or brass.

Texas Penal Code Chapter 31 Theft
http://www.statutes.legis.state.tx.us/SOTWDocs/PE/htm/PE.31.htm

Additionally, it is illegal for a person to sell a regulated material to a metal recycling entity, and during the course of the sale, present written documentation or sign a written statement provided by the recycling entity that they own the regulated material or say that they have permission to sell the regulated material. For the definition of a regulated material and a complete copy of the law, follow the below link.

Texas Occupations Code Subchapter A Metal Recycling Entities Chapter 1956
http://www.statutes.legis.state.tx.us/Docs/OC/htm/OC.1956.htm

Forms and Information 

In order to register with the City of Austin as a Precious Metal Dealer, Pawn Shop/Secondhand Reseller, Metal Recycling Entity, or to document your purchase(s) of precious metals, please send an email to request the appropriate forms. 

If you have general questions regarding Commercial Burglary cases or need information, please send an email.