(a) The commission shall establish a time period for
renewal of each registration, which shall end with the expiration
date of the current registration. Each registrant has the responsibility
to apply for renewal of a registration by making proper application
as specified by this section. Applications must be made on the current
renewal application form approved by the commission accompanied by
the required fee. Failure to receive a registration renewal application
form from the commission does not relieve a registrant of the obligation
to obtain the appropriate form and to apply for renewal to maintain
registration. A registrant also may renew an unexpired registration
by accessing the commission's Internet web site, entering the required
information on the renewal application form and paying the appropriate
fee in accordance with the instructions provided at the site by the
commission. Failure to provide information requested by the commission
in connection with a renewal application is grounds for disciplinary
action under the Act, §1101.653. A registrant who fails timely
to pay a renewal fee must apply for and receive a new registration
in order to act as an easement or right-of-way agent.
(b) The commission shall advise each registrant of
the time period for filing a renewal application and paying the renewal
fee by mailing a renewal application form to the registrant's last
known permanent mailing address as shown in the commission's computerized
records at least three months before expiration of the current registration.
Each registrant shall furnish a permanent mailing address to the commission
and report a change in permanent mailing address within 10 days after
the change occurs. If a registrant fails to provide a permanent mailing
address, the last known mailing address for the registrant will be
deemed to be the registrant's permanent mailing address. The commission
shall have no obligation to so notify a business entity such as a
corporation, limited liability company or partnership, that has failed
to designate an officer, manager or partner who meets the requirements
of §1101.502 of the Act. The commission may not renew a registration
issued to a business entity unless the entity has designated an officer,
manager or partner who meets the requirements of the Act.
(c) An application for renewal will be deemed to have
been timely filed if it shows a postmark on or before the expiration
date of the registration. When the last day of the renewal period
falls on a non-business day, renewal applications also will be deemed
to have been timely filed if received or postmarked no later than
the first business day following the last day of the renewal period.
"Non-business" days are Saturday, Sunday and any other day upon which
the commission offices are closed due to a state holiday designated
in the General Appropriations Act or by other law.
(d) Renewals by registrants who are on active duty
in the United States armed forces or who are subject to the provisions
of the Texas Education Code, §57.491, concerning certain student
loans also will be governed by §535.92 of this title (relating
to Renewal: Time for Filing; Satisfaction of Mandatory Continuing
Education Requirements).
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Source Note: The provisions of this §535.403 adopted to be effective August 18, 1998, 23 TexReg 8438; amended to be effective January 1, 2001, 25 TexReg 11654; amended to be effective October 4, 2001, 26 TexReg 7542; amended to be effective May 18, 2003, 28 TexReg 3952; amended to be effective August 31, 2004, 29 TexReg 8300; amended to be effective March 9, 2011, 36 TexReg 1563; amended to be effective April 1, 2012, 37 TexReg 1909 |