reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 94 - PROPERTY TAX PROFESSIONALS › Section 94.71 - Responsibilities of a Registrant: Equal and Fair Treatment

Current through Reg. 49, No. 28; July 12, 2024
(a) A registrant must apply equally and
				fairly any appraisal, assessment, or consulting service according to the
				Uniform Standards of Professional Appraisal Practice and generally accepted
				appraisal, assessment, or collection practices applicable to an
				assignment.
(b) A registrant may
				not accept or solicit any benefit in return for favorable treatment.
(c) A registrant must not knowingly testify
				falsely or withhold any information, or influence anyone into testifying
				falsely or withholding any information in any investigation or
				proceeding.
(d) A registrant must
				not knowingly mislead any member of the public who makes a reasonable inquiry
				or request on tax matters.
(e) A
				registrant must not predetermine the value or value range of a property or
				properties and then manipulate data to arrive at a predetermined
				conclusion.
(f) A registrant must
				not perform calculations:
(1) by methods
				other than those directed by law, rule, or written guidance of the Comptroller
				of Public Accounts, or
(2) that are
				designed to result in a predetermined effective tax rate, or rollback tax rate,
				current or delinquent collection rate, or other value, rate, or ratio used for
				official purposes.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 94 - PROPERTY TAX PROFESSIONALS › Section 94.72 - Responsibilities of a Registrant: Conflicts of Interest

Current through Reg. 49, No. 28; July 12, 2024
(a) A registrant must disclose in writing to
				the appraisal district or taxing entity any relationship of consanguinity
				within the third degree that may relate to an assignment so long as he holds a
				registration position.
(b) A
				registrant must disclose in writing to the appraisal district or taxing entity
				any outside employment.
(c) A
				registrant must disclose in writing to the appraisal district or taxing entity
				any financial interest in any private business or real property subject to the
				appraisal district or taxing entity where she is employed.
(d) A registrant must not invest in property,
				interests, or transactions which create a conflict of interest or which affects
				independent judgment or performance in the official position.
(e) A registrant must not engage in any
				activity or employment outside of the appraisal office or tax office if such
				engagement adversely affects his impartiality in the execution of his official
				duties or adversely affects the performance of his official duties.
(f) A registrant must not use agency
				resources for the personal benefit of himself, any party in whom he has an
				interest, or any public servant; or for the benefit of any social or political
				organization unless any member of the general public could make similar use of
				the agency resources.
(g) A
				registrant in their official capacity must not endorse the services or products
				of any person or firm.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 94 - PROPERTY TAX PROFESSIONALS › Section 94.73 - Responsibility of Registrant: Use of Titles

Current through Reg. 49, No. 28; July 12, 2024
A person may not use the titles Registered Professional
				  Appraiser, Registered Texas Assessor/Collector, or Registered Texas Collector
				  unless he is an active and certified registrant with the department and
				  performing official duties as a property tax appraiser, assessor/collector, or
				  collector.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 94 - PROPERTY TAX PROFESSIONALS › Section 94.80 - Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) Application fees.
(1) Appraiser--$100
(2) Collector--$100
(3) Assessor/Collector--$100
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 94 - PROPERTY TAX PROFESSIONALS › Section 94.90 - Sanctions and Administrative Penalties

Current through Reg. 49, No. 28; July 12, 2024
A person who violates the Texas Occupations Code, Chapter
				  1151, a rule, or an order of the executive director or commission relating to
				  Texas Occupations Code, Chapter 1151, will be subject to administrative
				  sanctions and/or administrative penalties under Texas Occupations Code,
				  Chapters 51 and 1151 and applicable agency rules.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 94 - PROPERTY TAX PROFESSIONALS › Section 94.91 - Enforcement Authority

Current through Reg. 49, No. 28; July 12, 2024
The enforcement authority granted under Texas Occupations
				  Code, Chapters 51 and 1151 and any associated rules may be used to enforce
				  Texas Occupations Code, Chapter 1151 and this chapter.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 94 - PROPERTY TAX PROFESSIONALS › Section 94.100 - Code of Ethics

Current through Reg. 49, No. 28; July 12, 2024
Registrants must:
(1) be guided by the principle that property
				taxation should be fair and uniform, and apply all laws, rules, methods, and
				procedures, in a uniform manner, to all taxpayers;
(2) not accept or solicit any gift, favor, or
				service that might reasonably tend to influence the registrant in the discharge
				of official duties, with the following exceptions:
(A) the benefit is used solely to defray the
				expenses that accrue in the performance of duties or activities in connection
				with the office which are nonreimbursable by the state or political
				subdivision;
(B) a political
				contribution as defined by Title 15 of the Election Code; or
(C) an item with a value of less than $50,
				excluding cash or a negotiable instrument;
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 95 - TRANSPORTATION NETWORK COMPANIES › Section 95.2 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
Unless otherwise defined in this chapter, each term used in
				  this chapter has the meaning assigned by Texas Occupations Code, Chapter 2402
				  and Texas Government Code, Chapter 2001.
(1) Airport- means an airport owner or
				operator.
(2) Cruise Ship Terminal-
				means a governing body of a governmental entity with jurisdiction over a cruise
				ship terminal.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 95 - TRANSPORTATION NETWORK COMPANIES › Section 95.10 - Rule Construction

Current through Reg. 49, No. 28; July 12, 2024
(a) Nothing in
				these rules shall be construed to:
(1)
				prohibit an airport or cruise ship terminal from:
(A) imposing regulations including a
				reasonable fee to or from airport or cruise ship terminal;
(B) enforcing those regulations in a manner
				consistent with any compliance, assurances, and obligations under federal law,
				rules, regulations, and policies; or
(C) from requesting third-party auditable
				reports of the numbers of rides to and from an airport or cruise ship terminal;
				or
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 95 - TRANSPORTATION NETWORK COMPANIES › Section 95.20 - Permit Required

Current through Reg. 49, No. 28; July 12, 2024
A person may not operate a transportation network company in
				  this state without first obtaining and maintaining a transportation network
				  company permit.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 95 - TRANSPORTATION NETWORK COMPANIES › Section 95.21 - Permit Terms

Current through Reg. 49, No. 28; July 12, 2024
A transportation network company permit issued under this
				  chapter is:
(1) valid for one year
				from the date of issuance;
(2)
				valid throughout the state; and
(3)
				nontransferable.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 95 - TRANSPORTATION NETWORK COMPANIES › Section 95.22 - Transportation Network Company Permit Initial Application

Current through Reg. 49, No. 28; July 12, 2024
To be eligible for a transportation network company permit,
				  an applicant must:
(1) submit a
				completed application on a form and in the manner prescribed by the
				department;
(2) provide electronic
				proof of insurance with the policy coverage required by Texas Occupations Code,
				Chapter 2402;
(3) certify that the
				applicant meets the requirements of Texas Occupations Code, Chapter 2402;
				and
(4) pay the fee set out under
				§95.80.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 95 - TRANSPORTATION NETWORK COMPANIES › Section 95.23 - Transportation Network Company Permit Renewal Notice and Application

Current through Reg. 49, No. 28; July 12, 2024
(a) The department will send written notice
				to permit holders at least thirty (30) days before the permit expires. The
				notice will be emailed to the permit holder's last known email address in the
				department's licensing records.
(b)
				To be eligible to renew a permit, a permit holder must:
(1) submit a completed application on a form
				and in the manner prescribed by the department;
(2) provide electronic proof of insurance
				with the coverage required by Texas Occupations Code, Chapter 2402;
(3) certify that the applicant continues to
				meet the requirements of Texas Occupations Code, Chapter 2402; and
(4) pay the fee set out under
				§95.80.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 95 - TRANSPORTATION NETWORK COMPANIES › Section 95.30 - Permit Issuance

Current through Reg. 49, No. 28; July 12, 2024
The department will issue a permit under this chapter to an
				  applicant who meets the eligibility requirements for a
				  permit.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 95 - TRANSPORTATION NETWORK COMPANIES › Section 95.31 - Permit Denial

Current through Reg. 49, No. 28; July 12, 2024
The department may deny an application or revoke a permit if
				  the applicant, a partner, principal, officer, or general manager of the
				  applicant has:
(1) violated an order
				of the commission or executive director, including an order for sanctions or
				administrative penalties; or
(2)
				submitted false or incomplete information on the application.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 95 - TRANSPORTATION NETWORK COMPANIES › Section 95.40 - Responsibilities of the Department

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Unless otherwise provided by statute or this chapter, the department may send
				notice of department proposed actions and decisions through email sent to the
				last email address designated by the permit holder in the department's
				licensing records.
(b) At
				licensure, the department will provide the permit holder with the requirements
				for the Accessibility Pilot Program report required by Texas Occupation Code,
				Chapter 2402.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 95 - TRANSPORTATION NETWORK COMPANIES › Section 95.50 - Reporting Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) For purposes
				of this section, "Market" means the legal boundaries of a municipality as
				defined in §
									RSA 1.005 of
				the Local Government Code or the metropolitan statistical area as defined by
				the Office of Management and Budget.
(b) A permit holder must electronically file
				with the department reports required by subsections (c)(1) and (d).
(c) For purposes of the required Disability
				Compliance Report, the transportation network company is required to submit the
				information in subsection (c)(1) and (c)(2) within the 100th day after the
				transportation network company begins a pilot program.
(1) Disability Compliance Report. A report
				under this paragraph must include:
(A)
				Criteria for determining the four largest markets that the transportation
				company operates in this state;
(i) Identify
				the market(s) in which the transportation network company implemented the
				Accessibility Pilot Program; and
(ii) Explain the reason(s) for selecting the
				market(s) that the transportation network company used to implement the
				Accessibility Pilot Program.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 95 - TRANSPORTATION NETWORK COMPANIES › Section 95.51 - Notification of Operations at Airports and Cruise Ship Terminals

Current through Reg. 49, No. 28; July 12, 2024
A permit holder must provide the controlling authority of
				  each airport or cruise ship terminal written notice of its operations or its
				  intent to operate within their jurisdiction. Notification must be provided
				  within thirty (30) days after receipt of a permit issued under this
				  chapter.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 95 - TRANSPORTATION NETWORK COMPANIES › Section 95.70 - Maintain Current Email Address

Current through Reg. 49, No. 28; July 12, 2024
A permit holder must provide to the department a valid email
				  address and must keep the email address current during the term of the
				  permit.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 95 - TRANSPORTATION NETWORK COMPANIES › Section 95.71 - Data Integrity, Name Changes, Address Changes, and Address Additions

Current through Reg. 49, No. 28; July 12, 2024
(a) A permit holder is obligated to ensure
				and maintain the accuracy of all information provided to the department
				pursuant to this chapter.
(b) A
				permit holder must notify the department in writing of any change to trade
				name, mailing address, physical address, email address, or telephone number on
				file with the department within fifteen (15) days of making such change.
(1) The notification shall identify the
				person making the change and the affected permit number.
(2) A notice of name change including trade
				name changes and trade name additions shall include supporting documentation
				from the Texas Secretary of State.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 95 - TRANSPORTATION NETWORK COMPANIES › Section 95.72 - Deceptive Practices Prohibited

Current through Reg. 49, No. 28; July 12, 2024
A permit holder may not conduct business or advertise under a
				  name that is deceptively similar to a name used by any other licensed
				  transportation network company licensed under this chapter unless specifically
				  approved in writing by the executive director.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 95 - TRANSPORTATION NETWORK COMPANIES › Section 95.80 - Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) All fees are nonrefundable except as
				provided for by commission rules or statute.
(b) Transportation Network Company Permit
				Fees:
(1) Original
				Application--$10,500
(2)
				Renewal--$7,500
(3) Permit
				Amendment--$25
(4) Address
				change--$25
(5) Name
				change--$25
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 95 - TRANSPORTATION NETWORK COMPANIES › Section 95.90 - Authority to Investigate

Current through Reg. 49, No. 28; July 12, 2024
For purposes of investigating compliance with, or a violation
				  of, these rules or applicable law, a permit holder must make records, drivers
				  and vehicles logged into the transportation network service available to the
				  department within ten (10) days of the request or within the time agreed to by
				  the department.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 95 - TRANSPORTATION NETWORK COMPANIES › Section 95.91 - Administrative Sanctions

Current through Reg. 49, No. 28; July 12, 2024
The department may suspend or revoke a permit issued to a
				  transportation network company for violating a provision of Occupations Code,
				  Chapter 2402, or impose administrative penalties, sanctions and civil remedies
				  authorized by Occupations Code, Chapter 51 for violating a rule under this
				  chapter, or order issued by the executive director, or regulation adopted by an
				  airport or cruise ship terminal.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 95 - TRANSPORTATION NETWORK COMPANIES › Section 95.100 - Statutory Compliance

Current through Reg. 49, No. 28; July 12, 2024
(a) A permit holder
				must implement and follow all technical and operational requirements in Texas
				Occupations Code, Chapter 2402 including the timely filing of
				reports.
(b) For purposes of
				compliance with 2402.111(a)(2)(A), a transportation network company shall
				consider a vehicle capable of transporting passengers using a fixed-frame
				wheelchair in the cabin as eligible.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 97 - MOTOR FUEL METERING AND QUALITY › Subchapter A - GENERAL PROVISIONS › Section 97.1 - Authority

Current through Reg. 49, No. 28; July 12, 2024
This chapter is promulgated under the authority of the
					 Texas Occupations Code, Chapters 51 and 2310, and Texas Business and Commerce
					 Code, Chapter 607.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 97 - MOTOR FUEL METERING AND QUALITY › Subchapter A - GENERAL PROVISIONS › Section 97.2 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter
					 must have the following meanings, unless the context clearly indicates
					 otherwise.
(1) ASTM--ASTM
				  International; the national voluntary consensus standards organization formed
				  for the development of standards on characteristics and performance of
				  materials, products, systems and services and the promotion of related
				  knowledge.
(2) Code--The Texas
				  Occupations Code, Chapter 2310, "Motor Fuel Metering and Quality."
(3) Commission--Texas Commission of Licensing
				  and Regulation.
(4) Controlling
				  person--an individual who:
(A) is a sole
				  proprietor;
(B) is a general
				  partner of a partnership;
(C) is a
				  controlling person of a business entity that is a general partner of a
				  partnership;
(D) possesses direct
				  or indirect control of at least 25 percent of the voting securities of a
				  corporation;
(E) is the president,
				  the secretary, or a director of a corporation; or
(F) possesses the authority to set policy or
				  direct the management of a business entity.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 97 - MOTOR FUEL METERING AND QUALITY › Subchapter A - GENERAL PROVISIONS › Section 97.3 - Adoption by Reference

Current through Reg. 49, No. 28; July 12, 2024
In accordance with Chapter 2310 of the Code, the department
					 adopts the currently published edition of each of the following nationally
					 recognized minimum standards for the purpose of administering and enforcing
					 this chapter:
(1) Legal standards for
				  weights and measures. NIST Handbook 44, "Specifications, Tolerances, and Other
				  Technical Requirements for Weighing and Measuring Devices."
(2) Motor fuel quality testing standards.
(A) NIST Handbook 130, "Uniform Laws and
				  Regulations in the Areas of Legal Metrology and Fuel Quality," relating to
				  "Uniform Fuels and Automotive Lubricants Regulations," as standard
				  specifications for ethanol blends with the following modifications:
(i) vapor pressure tolerance not exceeding
				  one pound per square inch for motor fuels blended with up to 15 volume percent
				  ethanol, excluding the time period from May 1 through October 1 for counties
				  required to have low emissions fuels; and
(ii) vapor pressure seasonal specifications
				  may be extended for a maximum period of 15 days to allow for the disbursement
				  of old stocks. However, new stocks of a higher volatility classification must
				  not be offered for retail sale prior to the effective date of the higher
				  volatility classification; and
(iii) the vapor/liquid ratio specification
				  must be waived for motor fuels blended with ethanol.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 97 - MOTOR FUEL METERING AND QUALITY › Subchapter A - GENERAL PROVISIONS › Section 97.4 - Exemptions

Current through Reg. 49, No. 28; July 12, 2024
This chapter does not apply to:
(1) an individual who is licensed to perform
				  device maintenance activities on liquid petroleum gas devices under Chapter 13,
				  Texas Agriculture Code;
(2) a
				  person who is licensed to employ service technicians to perform device
				  maintenance activities on liquid petroleum gas meters under Chapter 13, Texas
				  Agriculture Code; or
(3) a liquid
				  petroleum gas meter registered under Chapter 13, Texas Agriculture
				  Code.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 97 - MOTOR FUEL METERING AND QUALITY › Subchapter B - MOTOR FUEL METERING DEVICES › Section 97.20 - Registration Required - Devices

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Prior to operation, a device must be registered. To register a device, an owner
				  or operator must submit:
(1) a completed
				  application in a manner prescribed by the department;
(2) documentation of a device performance
				  review in a manner acceptable to the department; and
(3) the fee required under
				  §97.70.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 97 - MOTOR FUEL METERING AND QUALITY › Subchapter B - MOTOR FUEL METERING DEVICES › Section 97.21 - Registration Renewal-Devices

Current through Reg. 49, No. 28; July 12, 2024
(a) To
				  renew a device registration, an owner or operator must submit:
(1) a completed renewal application in a
				  manner prescribed by the department;
(2) documentation of a device performance
				  review in a manner prescribed by the department; and
(3) the fee required under
				  §97.70.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 97 - MOTOR FUEL METERING AND QUALITY › Subchapter B - MOTOR FUEL METERING DEVICES › Section 97.22 - Registration Changes-Devices

Current through Reg. 49, No. 28; July 12, 2024
(a) If
				  the number of registered devices increases, prior to operation of the new
				  devices the owner or operator must submit:
(1) a change notice in a manner prescribed by
				  the department;
(2) documentation
				  of a device performance review for all new devices in a manner acceptable to
				  the department; and
(3) the fee
				  required under §97.70.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 97 - MOTOR FUEL METERING AND QUALITY › Subchapter B - MOTOR FUEL METERING DEVICES › Section 97.23 - Device Performance Review Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) At least once
				  every two years a DPR must be completed on each registered device.
(b) To be valid, a licensed service company
				  must complete a DPR of a device on a single day. A DPR must include:
(1) performance testing;
(2) calibration, if necessary; and
(3) inspection of the device to:
(A) ensure operation within NIST Handbook 44
				  specifications, tolerances, and other technical requirements along with
				  specified manufacturer guidelines; and
(B) detect the presence of
				  skimmers.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 97 - MOTOR FUEL METERING AND QUALITY › Subchapter B - MOTOR FUEL METERING DEVICES › Section 97.24 - Certificate of Registration

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  current certificate of registration must be visibly displayed in an area that
				  is accessible to the public.
(b) If
				  an original or copy certificate is not legible or available to a consumer, it
				  must be replaced within 30 days of the date the owner or operator discovers the
				  condition.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 97 - MOTOR FUEL METERING AND QUALITY › Subchapter B - MOTOR FUEL METERING DEVICES › Section 97.25 - Consumer Information Sticker

Current through Reg. 49, No. 28; July 12, 2024
(a) A consumer
				  information sticker with the department's contact information and current motor
				  fuel tax rates, must be placed on each face of all motor fuel
				  dispensers.
(b) If any part of the
				  information on the sticker is no longer fully legible and in plain sight of the
				  consumer, it must be replaced within 30 days of the date the owner or operator
				  discovers the condition.
(c) A
				  consumer information sticker must not be placed in a manner that affects the
				  accuracy, readability, or lawful operation of a device.
(d) This section does not apply to a device
				  on a transport vehicle.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 97 - MOTOR FUEL METERING AND QUALITY › Subchapter B - MOTOR FUEL METERING DEVICES › Section 97.26 - Device Out of Order

Current through Reg. 49, No. 28; July 12, 2024
An incorrect device shall be placed out of order by the
					 department and may not be used until repairs are made by a licensed service
					 company. Once the device has been brought into compliance with this chapter,
					 the licensed service company may remove the "Out of Order" tag and release it
					 for use.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 97 - MOTOR FUEL METERING AND QUALITY › Subchapter B - MOTOR FUEL METERING DEVICES › Section 97.27 - Condemned Devices

Current through Reg. 49, No. 28; July 12, 2024
Devices that are declared to be incorrect and are
					 condemned by the department pursuant to §2310.105 of the Code, must be
					 maintained by the owner, operator, or user until the department has granted
					 authorization to dispose, replace, or destroy the device.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 97 - MOTOR FUEL METERING AND QUALITY › Subchapter B - MOTOR FUEL METERING DEVICES › Section 97.28 - Device Records

Current through Reg. 49, No. 28; July 12, 2024
(a) A device
				  performance review report shall be maintained for a period of two
				  years.
(b) All records required to
				  be maintained shall be made available upon request by the department.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 97 - MOTOR FUEL METERING AND QUALITY › Subchapter B - MOTOR FUEL METERING DEVICES › Section 97.29 - Detection and Reporting of Payment Card Skimmers

Current through Reg. 49, No. 28; July 12, 2024
(a) An owner or
				  operator who discovers or is notified of the presence of a skimmer by a service
				  technician or employee must:
(1) immediately
				  make a report to local law enforcement that a skimmer has been discovered and
				  is still installed in the device;
(2) notify the department within 24 hours of
				  the discovery on a form prescribed by the department;
(3) request the law enforcement report or
				  case number and submit it in a manner prescribed by the department;
				  and
(4) place each affected device
				  out of service and block access to the dispenser to prevent tampering with
				  evidence until the skimmer has been removed as authorized under this
				  chapter.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 97 - MOTOR FUEL METERING AND QUALITY › Subchapter B - MOTOR FUEL METERING DEVICES › Section 97.30 - Unauthorized Removal of Skimmers Prohibited

Current through Reg. 49, No. 28; July 12, 2024
(a) In order to
				  preserve evidence and the chain of custody, an owner or operator, retail
				  facility employee, or unlicensed service technician is prohibited from removing
				  a skimmer unless instructed to do so by law enforcement or the
				  department.
(b) If neither law
				  enforcement nor the department has arrived to remove a skimmer within 48 hours
				  after the owner or operator has notified the department as required by
				  §97.29(a)(2), the skimmer may be removed in accordance with subsection
				  (c).
(c) When removing a skimmer
				  under this section, an individual must:
(1)
				  wear sterile gloves while removing the skimmer(s);
(2) place each skimmer in a clear plastic
				  bag, seal the bag, and label the sealed bag with the date and time the skimmer
				  was removed and bagged, along with the initials of the person removing the
				  skimmer; and
(3) transfer the
				  skimmer(s) to local law enforcement and request the law enforcement case or
				  report number.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 97 - MOTOR FUEL METERING AND QUALITY › Subchapter B - MOTOR FUEL METERING DEVICES › Section 97.31 - Device Security for Motor Fuel Devices

Current through Reg. 49, No. 28; July 12, 2024
By January 1, 2024, an owner or operator is required to
					 take two or more of these measures to protect each device:
(1) replace each factory installed universal
				  locking mechanism with a locking device that utilizes a unique device-specific
				  or site-specific key code or combination;
(2) utilize tamper-evident security labels.
				  Tamper-evident security labels must:
(A) be
				  placed over each panel opening that provides access to an interior portion of
				  the device from which the payment terminal or the device can be
				  accessed;
(B) have a unique serial
				  number or unique custom label or easily identifiable custom label or graphic;
				  and
(C) be replaced if damaged,
				  perforated, or peeled;
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 97 - MOTOR FUEL METERING AND QUALITY › Subchapter C - SALE, DELIVERY, AND QUALITY OF MOTOR FUEL › Section 97.40 - Distributor, Jobber, Supplier, Wholesaler - Certificate of Compliance

Current through Reg. 49, No. 28; July 12, 2024
(a) To be eligible for a certificate of
				  compliance, a distributor, jobber, supplier, or wholesaler must:
(1) submit complete business, facility, and
				  contact information in a manner prescribed by the department; and
(2) pay the fee required under
				  §97.71.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 97 - MOTOR FUEL METERING AND QUALITY › Subchapter C - SALE, DELIVERY, AND QUALITY OF MOTOR FUEL › Section 97.41 - Automotive Fuel Rating

Current through Reg. 49, No. 28; July 12, 2024
(a) A dealer
				  must:
(1) post the automotive fuel rating
				  (AFR) for each grade of motor fuel offered for sale as provided in
				  RSA
				  306.10; and
(2) not sell or offer to sell fuel that is
				  less than the AFR posted on the dispenser.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 97 - MOTOR FUEL METERING AND QUALITY › Subchapter C - SALE, DELIVERY, AND QUALITY OF MOTOR FUEL › Section 97.42 - Stop-Sale Order

Current through Reg. 49, No. 28; July 12, 2024
(a) The executive
				  director of the department may issue an order to stop sale of:
(1) motor fuel sold or offered for sale in
				  violation of this chapter; or
(2)
				  motor fuel sold or offered for sale by or through a device that is in violation
				  of this chapter.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 97 - MOTOR FUEL METERING AND QUALITY › Subchapter C - SALE, DELIVERY, AND QUALITY OF MOTOR FUEL › Section 97.43 - Fuel Delivery Records

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Dealers, distributors, jobbers, suppliers, and wholesalers must keep the
				  following records for four years:
(1) all
				  invoices, receipts, or other transmittal records of the purchase, sale,
				  delivery, or distribution of motor fuel; and
(2) any record or other document related to
				  the sampling and testing of motor fuel purchased, sold, delivered, or
				  distributed.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 97 - MOTOR FUEL METERING AND QUALITY › Subchapter D - SERVICE COMPANIES AND SERVICE TECHNICIANS › Section 97.50 - Criminal History Check Required

Current through Reg. 49, No. 28; July 12, 2024
A criminal history check shall be conducted on an
					 applicant for:
(1) a service company
				  license, including all controlling persons of the applicant; and
(2) a service technician license.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 97 - MOTOR FUEL METERING AND QUALITY › Subchapter D - SERVICE COMPANIES AND SERVICE TECHNICIANS › Section 97.51 - Device Maintenance Activities

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  service company or service technician may perform device maintenance activities
				  on one or more of the following device categories:
(1) Low flow--devices with a maximum flow
				  rate of 20 GPM or less; or
(2) High
				  flow--devices with a maximum flow rate of greater than 20 GPM.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 97 - MOTOR FUEL METERING AND QUALITY › Subchapter D - SERVICE COMPANIES AND SERVICE TECHNICIANS › Section 97.52 - Service Company License Requirements - General

Current through Reg. 49, No. 28; July 12, 2024
(a) To obtain a service company license, an
				  applicant must submit:
(1) a completed
				  application in a manner prescribed by the department;
(2) proof of insurance acceptable to the
				  department, as required under §97.53;
(3) proof of calibration of test standards in
				  a manner prescribed by the department, as required in §97.58;
				  and
(4) the fee required under
				  §97.72.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 97 - MOTOR FUEL METERING AND QUALITY › Subchapter D - SERVICE COMPANIES AND SERVICE TECHNICIANS › Section 97.53 - Service Company License Requirements - Insurance

Current through Reg. 49, No. 28; July 12, 2024
(a) A service company must maintain at least
				  the following minimum general liability insurance coverages at all times:
(1) $25,000 per occurrence; or
(2) $50,000 aggregate.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 97 - MOTOR FUEL METERING AND QUALITY › Subchapter D - SERVICE COMPANIES AND SERVICE TECHNICIANS › Section 97.54 - Service Company License Requirements - Renewal

Current through Reg. 49, No. 28; July 12, 2024
(a) To renew a service company license, an
				  applicant must submit:
(1) a completed
				  renewal application in a manner prescribed by the department;
(2) proof of insurance in a manner acceptable
				  to the department, as required under §97.53;
(3) proof of calibration of test standards in
				  a manner acceptable to the department, as required in §97.58;
				  and
(4) the fee required under
				  §97.72.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 97 - MOTOR FUEL METERING AND QUALITY › Subchapter D - SERVICE COMPANIES AND SERVICE TECHNICIANS › Section 97.55 - Service Technician License Requirements - General

Current through Reg. 49, No. 28; July 12, 2024
(a) To obtain a service technician license,
				  an applicant must:
(1) submit a completed
				  application in a manner prescribed by the department;
(2) pass a written examination for each
				  device category with a score of at least 70%, in accordance with §97.57;
				  and
(3) pay the fee required under
				  §97.72.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 97 - MOTOR FUEL METERING AND QUALITY › Subchapter D - SERVICE COMPANIES AND SERVICE TECHNICIANS › Section 97.56 - Service Technician License Requirements-Renewal

Current through Reg. 49, No. 28; July 12, 2024
(a) To renew a
				  service technician license, an applicant must submit:
(1) a completed renewal application in a
				  manner prescribed by the department; and
(2) the fee required under
				  §97.72.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 97 - MOTOR FUEL METERING AND QUALITY › Subchapter D - SERVICE COMPANIES AND SERVICE TECHNICIANS › Section 97.57 - Service Technician License Requirements - Examinations

Current through Reg. 49, No. 28; July 12, 2024
(a) The department shall review a completed
				  application to determine an applicant's eligibility to take a service
				  technician examination.
(b) A
				  person taking an examination must comply with the department's examination
				  requirements under Chapter 60, Subchapter E, of this title (relating to
				  Examinations).
(c) Unauthorized
				  assistance on an examination is grounds for denial, suspension, or revocation
				  of a license and/or an administrative penalty.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 97 - MOTOR FUEL METERING AND QUALITY › Subchapter D - SERVICE COMPANIES AND SERVICE TECHNICIANS › Section 97.58 - Test Standards

Current through Reg. 49, No. 28; July 12, 2024
(a) Test standards
				  must be certified annually by a recognized or accredited laboratory that
				  adheres to ISO 17025 standards. A service company must maintain at least one
				  test standard per licensed device category as follows:
(1) Low flow: five-gallon or greater test
				  measure or prover;
(2) High flow:
				  prover with a capacity that exceeds the amount of liquid delivered by the
				  device in one minute at the maximum flow rate.;
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 97 - MOTOR FUEL METERING AND QUALITY › Subchapter D - SERVICE COMPANIES AND SERVICE TECHNICIANS › Section 97.59 - Inspection for Payment Card Skimmers

Current through Reg. 49, No. 28; July 12, 2024
(a) A service
				  technician must inspect for the presence of a skimmer:
(1) during a device performance review;
				  and
(2) each time a motor fuel
				  dispenser is opened to perform device maintenance activities.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 97 - MOTOR FUEL METERING AND QUALITY › Subchapter D - SERVICE COMPANIES AND SERVICE TECHNICIANS › Section 97.60 - Service Company Records

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  service company must maintain device performance review reports for a period of
				  two years from the date the DPR was performed.
(b) All records required to be maintained
				  shall be made available upon request by the department or an authorized
				  representative of the department.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 97 - MOTOR FUEL METERING AND QUALITY › Subchapter E - FEES › Section 97.70 - Device Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) Registration
				  Fees (initial and renewal):
(1) A device with
				  a maximum flow rate of 20 GPM or less, delivering fuel from a single nozzle:
(A) multiple products (includes a fuel
				  quality fee of $21)--$93;
(B) a
				  single gasoline product (includes a fuel quality fee of $7)--$31; or
(C) a single diesel product, or a single
				  product other than gasoline (includes a fuel quality fee of $7)--$31;
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 97 - MOTOR FUEL METERING AND QUALITY › Subchapter E - FEES › Section 97.71 - Distributor, Jobber, Wholesaler, and Supplier Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) Fees:
(1) Distributor--$80.
(2) Jobber--$80.
(3) Wholesaler--$80.
(4) Supplier--$2600.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 97 - MOTOR FUEL METERING AND QUALITY › Subchapter E - FEES › Section 97.72 - Service Company Fees

Current through Reg. 49, No. 28; July 12, 2024
Service company license fees (initial and renewal):
(1) first device category--$300;
				  and
(2) each additional device
				  category--$200.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 97 - MOTOR FUEL METERING AND QUALITY › Subchapter E - FEES › Section 97.73 - Service Technician Fees

Current through Reg. 49, No. 28; July 12, 2024
Service technician license fees (initial and renewal):
					 $30.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 97 - MOTOR FUEL METERING AND QUALITY › Subchapter E - FEES › Section 97.74 - Fee Policy

Current through Reg. 49, No. 28; July 12, 2024
(a) All fees paid
				  to the department are non-refundable.
(b) Late renewal fees for registrations and
				  licenses issued under this chapter are provided under §60.83.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 97 - MOTOR FUEL METERING AND QUALITY › Subchapter F - ENFORCEMENT › Section 97.80 - Administrative Penalties and Sanctions

Current through Reg. 49, No. 28; July 12, 2024
If a person violates any provision of Texas Occupations
					 Code, Chapters 51, or 2310, this chapter, or any rule or order of the executive
					 director or commission, proceedings may be instituted to impose administrative
					 penalties, administrative sanctions, or both in accordance with the provisions
					 of Texas Occupations Code, Chapter 51, and 2310 and applicable agency
					 rules.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 98 - MOTORCYCLE OPERATOR TRAINING AND SAFETY › Section 98.1 - Authority

Current through Reg. 49, No. 28; July 12, 2024
This chapter is promulgated under the authority of Texas
				  Occupations Code, Chapter 51, and Texas Transportation Code, Chapter
				  662.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 98 - MOTORCYCLE OPERATOR TRAINING AND SAFETY › Section 98.10 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
				  shall have the following meanings, unless the context clearly indicates
				  otherwise.
(1) Advisory board--The
				Motorcycle Safety Advisory Board.
(2) Change of ownership--A change in the
				control of a motorcycle school. The control of a school is considered to have
				changed:
(A) in the case of ownership by an
				individual, when more than 50% of the school has been sold or
				transferred;
(B) in the case of
				ownership by a partnership or corporation, when more than 50% of the school, or
				of the owning partnership or corporation, has been sold or transferred;
				or
(C) when the board of directors,
				officers, shareholders, or similar governing body has been changed to such an
				extent as to significantly alter the management and control of the
				school.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 98 - MOTORCYCLE OPERATOR TRAINING AND SAFETY › Section 98.20 - Instructor-License Required

Current through Reg. 49, No. 28; July 12, 2024
(a) An individual
				may not offer or provide instruction in motorcycle operation to the public for
				consideration unless the individual:
(1) holds
				an instructor license issued by the department;
(2) provides the instruction in accordance
				with a curriculum approved by the department; and
(3) provides the instruction as an employee
				of, or under contract with, a motorcycle school.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 98 - MOTORCYCLE OPERATOR TRAINING AND SAFETY › Section 98.21 - Instructor-License Eligibility

Current through Reg. 49, No. 28; July 12, 2024
To be eligible for an instructor license, an applicant
				  must:
(1) be at least 18 years
				old;
(2) submit a completed
				application on a form prescribed by the department;
(3) have successfully completed a
				department-approved instructor training course;
(4) have held, continuously for the two years
				preceding the date of submitting the application, a valid driver's license that
				entitles the applicant to operate a motorcycle on a public road;
(5) not have been convicted during the
				preceding three years of:
(A) three or more
				moving violations described by Texas Transportation Code §
										542.304, or a
				comparable offense committed in another state, including violations that
				resulted in an accident; or
(B) two
				or more moving violations described by Texas Transportation Code §
										542.304, or a
				comparable offense committed in another state, that resulted in an
				accident;
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 98 - MOTORCYCLE OPERATOR TRAINING AND SAFETY › Section 98.22 - Instructor-Training Course

Current through Reg. 49, No. 28; July 12, 2024
(a) An instructor
				training course conducted in Texas must be a training program on motorcycle
				operator training and safety instruction approved by the department and
				conducted by an instructor training provider at a motorcycle school.
(b) To be eligible to enroll in an instructor
				training course under this section, an individual must:
(1) meet the requirements of §98.21(4),
				(5), (6), and (9) ; and
(2) not
				have a criminal history that will make the individual ineligible for an
				instructor license under §98.21(8).