|(a) A licensee, other than a salesperson, must maintain
all required records at a location that meets the requirements of §1201.103(a-1)
of the Standards Act. All records required by this chapter must be
maintained in the licensee's files for a period of not less than six
(6) years. Unless stated otherwise, a record of any disclosure to
be given shall reflect that it was properly completed, executed, and
(b) A licensee must keep the Department advised in
writing on a current basis of any changes in their licensing information
and, where required by the Standards Act, give prior written notice.
(c) If a licensee fails to provide any warranty listed
in this subsection of the rules, the time limitations associated with
the consumer's written notification do not start until the consumer
is provided with such required warranty.
(d) A license holder is prohibited from publishing
or distributing any form of advertising which is false, deceptive,
(e) Any advertisement must comply with applicable federal
and state legal requirements, including, but not limited to, the federal
Truth in Lending Act and Federal Reserve Regulation Z.
(f) Any advertisement (including social media) by a
retailer, broker, or installer (other than a sign/display advertisement
at a licensed location, point of sale literature, or a price tag)
must conspicuously disclose the license number of the person who is
(g) Any advertisement (including social media) by a
salesperson must conspicuously disclose the name and license number
of their sponsoring retailer identified on their valid salespersons
(h) Where no consumer protection purposes would be
served by requiring the license number to be disclosed, the Board
may grant exceptions to subsections (f) and (g) of this section based
on the Board's approved format. Exceptions will be posted on the Department's
(i) Any licensee's website shall provide a conspicuously
placed link to the Department's website.
|Source Note: The provisions of this §80.30 adopted to be effective December 30, 2007, 32 TexReg 8790; amended to be effective December 21, 2008, 33 TexReg 9459; amended to be effective May 15, 2016, 41 TexReg 2743