09/10/2026
Can Scrap Copper Possession Lead to a Felony Charge?
Scrap copper possession can lead to a felony charge if you are not legally authorized to possess it.
Important warning for contractors, plumbers, electricians, HVAC workers, handymen, and scrappers in Houston: Texas Penal Code Section 31.22 makes intentionally or knowingly possessing certain copper or brass material without legal authorization a state jail felony. The law includes authorized categories such as the owner, certain businesses, registered metal recycling entities, and people who lawfully acquire the material through construction, remodeling, demolition, or salvage work. ([Texas Legislature Online][1])
A state jail felony in Texas can carry 180 days to 2 years in state jail and a fine of up to $10,000. Certain circumstances can increase the offense to a third degree felony.
If you regularly carry scrap copper or brass around Houston, documentation can be critical.
Step 1: Keep receipts showing when and where you legally obtained the copper or brass.
Step 2: Carry work orders, invoices, contracts, or other business records that connect the material to a legitimate job.
Step 3: Keep digital copies on your phone or cloud storage so you can access them immediately if the paper copies are lost.
Step 4: Do not accept copper or brass if you know or suspect it was unlawfully obtained. Texas law does not protect an otherwise authorized person who knows the material was illegally obtained.
Must know: Simply working in a trade does not mean every piece of scrap metal in your vehicle is automatically protected. Being able to show where the material came from may become very important if questions arise.
Free practical protection: Take photos of materials at the job site and save them with the work order before leaving.
If you are arrested or questioned in Houston, you have the right to remain silent and speak with an attorney before answering questions about the case.
This is not legal advice. For consultation call (713) 226 8800.