|(a) A person who intends to be registered by the Commission
as an easement or right-of-way agent must:
(1) file an application for the registration:
(A) through the online process approved by the Commission;
(B) on the form prescribed by the Commission for that
(C) submit the required fee under §535.404 of
(2) The Commission will reject an application submitted
without a sufficient filing fee.
(3) The Commission may request additional information
be provided to the Commission relating to an application.
(b) To be eligible for registration, an applicant must:
(1) meet the following requirements at the time of
(A) be 18 years of age;
(B) be a citizen of the United States or a lawfully
(2) comply with the fingerprinting requirements of
(3) meet the honesty, trustworthiness, and integrity
requirements under the Act;
(4) If the applicant is an individual, the applicant
must provide the Commission with the individual's photograph not older
than two years and signature before issuance of a registration certificate.
The person may provide the photograph before the submission of an
electronic application; and
(5) If the applicant is a business entity, the applicant
must designate one of its managing officers who is registered under
this title as agent for the business entity.
(c) Texas residents who enter military service and
resume their Texas residence immediately upon separation from the
military are not considered to have lost their Texas residence unless
they have affirmatively established legal residence elsewhere.
(d) The fact that an individual has had disabilities
of minority removed does not affect the requirement that an applicant
be 18 years of age to be eligible for a license.
(e) The Commission will assign a registration number
to each registrant and provide each registrant with a certificate
of registration. Each registration issued by the Commission is valid
until the last day of the month two years after the date the registration
(f) Termination of application. An application is terminated
and is subject to no further evaluation or processing if the applicant
fails to satisfy the requirements of subsection (b)(1) of this section
within one year from the date the application is filed.
(g) The Commission may disapprove an application for
registration with written notice to the applicant if the applicant
has been convicted of a criminal offense which is grounds for disapproval
of an application under §541.1 of this title or the applicant
has engaged in conduct prohibited by the Act. Provided a timely written
request for a hearing is made by the applicant in accordance with
the Act, an applicant whose application for registration has been
disapproved is entitled to a hearing. The hearing on the application
will be conducted in accordance with §1101.364 of the Act and
Chapter 533 of this title.
(h) Each registrant shall display the certificate of
registration issued by the Commission in a prominent location in the
registrant's place of business, as required by §1101.507 of the
Act. If the registrant maintains more than one place of business,
the registrant shall display either the certificate or a copy of the
certificate in each place of business.
(i) Each registrant shall provide a mailing address,
phone number, and email address used in business, if available, to
the Commission and shall report all subsequent changes not later than
the 10th day after the date of a change of any of the listed contact
information. If a registrant fails to update the contact information,
the last known contact information provided to the Commission is the
registrant's contact information.
|Source Note: The provisions of this §535.400 adopted to be effective December 1, 1997, 22 TexReg 11680; amended to be effective August 18, 1998, 23 TexReg 8438; amended to be effective January 1, 2001, 25 TexReg 11654; amended to be effective December 24, 2001, 26 TexReg 10596; amended to be effective August 31, 2004, 29 TexReg 8300; amended to be effective January 7, 2009, 34 TexReg 58; amended to be effective March 9, 2011, 36 TexReg 1563; amended to be effective April 1, 2012, 37 TexReg 1909; amended to be effective January 1, 2015, 39 TexReg 9669; amended to be effective September 7, 2015, 40 TexReg 5790; amended to be effectiveDecember 11, 2019, 44 TexReg 7711