| (a) Registration Required. Except as provided by §12.13
of this chapter (relating to Devices Subject to Registration and Inspection;
Exemptions), a person who intends to operate one or more devices for
commercial transactions at a particular location shall, prior to using
the devices for commercial transactions:
(1) register the location where the devices are to
be operated; and
(2) provide the public notice of registration required
by subsection (i) of this section.
(b) Registration by Owner. Notwithstanding subsection
(a) of this section, the owner of a device operated by another person
may register, under the owner's name, the location where the device
is operated, provided that all devices of the same type at that location
are covered by the same registration. Both the person registering
the location and the operator of the devices at that location are
responsible for ensuring that the devices and their operation comply
with the requirements of this chapter and Chapter 13 of the Code.
(c) Procedure for Registration. The registration required
by this section shall be obtained by:
(1) submitting to the department a complete and accurate
application form prescribed by the department, using the most recent
version of the application form and declaring the number of devices
to be operated at the location; and
(2) remitting to the department the total fee for all
devices to be operated at the location using the fee schedule in §12.12
of this chapter (relating to Fee Schedule for Commercial Weighing
and Measuring Devices and Consumer Information Stickers).
(d) Annual Registration Renewal Required. The registration
required by this section shall be renewed annually by:
(1) submitting to the department a complete and accurate
registration renewal form prescribed by the department, using the
most current version of the form and declaring any increase or decrease
in the number of devices installed if not previously reported under
subsection (e) of this section;
(2) remitting to the department the total fee for all
devices to be operated at the location, including any additional devices
not previously reported, using the fee schedule in §12.12 of
this chapter; and
(3) including within the total remitted fee any late
fee adjustments required by §12.024 of the Code.
(e) Changes in the Number of Declared Devices at a
Registered Location.
(1) Increase in the Number of Devices. If the number
of devices of the same type being operated at a currently registered
location changes, such that the number of devices to be operated at
that location is greater than the number of devices previously declared
for that location, the person who registered that location shall,
prior to using the additional devices for commercial transactions:
(A) submit to the department a complete and accurate
change of device form prescribed by the department, using the most
recent version of the form and declaring the number of additional
devices to be operated at that location; and
(B) remit to the department the total fee for all additional
devices to be operated using the fee schedule in §12.12 of this
chapter.
(2) Decrease in the Number of Installed Devices. If
the number of devices of same type being operated at a currently registered
location changes, such that the number of devices to be operated at
that location is less than the number of devices previously declared
for that location, the person who registered that location shall within
10 business days after any such device is removed submit to the department
either a complete and accurate change of device form prescribed by
the department or a registration renewal form, using the most recent
version of either form and declaring the number of devices removed
from that location. Fees previously remitted for registering a device
subsequently removed will not be refunded, either in whole or in part.
(f) Expiration of Registration. Registrations obtained
under this section expire on the date printed on the certificate of
registration. A registration that has been expired for less than one
year may be renewed using the procedure provided in subsection (d)
of this section. A registration that has been expired for one year
or longer cannot be renewed and a new registration must be obtained
using the procedure provided in subsection (c) of this section.
(g) Registration Non-Transferable. A registration cannot
be transferred to another person. If the person registering a location
ceases to own or operate the devices at that location, the new owner
or operator must register the location using the procedure in subsection
(c) of this section.
(h) Change of Business Identity. For purposes of this
section, a change in the registrant's franchise tax identification
number, taxpayer identification number, legal name, or dba name constitutes
a change of owner or operator and a prohibited attempt to transfer
a registration.
(i) Public Notice of Registration Required. A person
registering a location under this section shall prominently display
at the location both the person's Weights and Measures Certificate
of Registration and the required number of consumer information stickers
in the manner provided by this subsection.
(1) Weights and Measures Certificate of Registration.
(A) Display of Original Certificate. The original certificate
of registration issued by the department shall be prominently displayed
within the main building, structure, or site at the registered location
shown on the face of the certificate so as to, during regular business
hours, be in plain sight of, legible to, and physically accessible
to the average consumer of weighed or measured products sold or offered
for sale at the registered location.
(B) Display of Certificate Copy at Satellite Location.
If the registered location contains a site for consumer transactions
that is not directly attached to and a part of the main building or
structure, a copy of the original certificate of registration shall
be displayed at each such separate site so as to, during regular business
hours, be in plain sight of, legible to, and physically accessible
to the average consumer of weighed or measured products sold or offered
for sale at the separate site.
(C) Damaged, Destroyed, Lost, or Illegible Original
Certificate or Copy. If an original or copy certificate becomes damaged,
destroyed, lost, or otherwise illegible so that any part of the information
on the certificate is no longer legible to the average consumer of
weighed or measured products sold or offered for sale at the registered
location, the original or copy shall be replaced as follows:
(i) Replacement of Original. The person registering
the location shall within 10 days, after the original certificate
requires replacement as provided by this subsection or upon written
notice from the department that a replacement is required, contact
the department for a replacement certificate at phone number (877)
542-2474 or email address: License.Inquiry@TexasAgriculture.gov.
(ii) Replacement of Copy. The person registering the
location shall within 24 hours after a certificate copy requires replacement
as provided by this subsection, or immediately upon written notice
from the department that a replacement is required, replace the copy
with another copy of the original.
(2) Consumer Information Sticker. A person registering
a location under this section shall prominently display a consumer
information sticker at the location as follows:
(A) Devices. A single consumer information sticker
shall be placed on or near each device so as to be in plain sight
of and legible to the average consumer accessing the device for any
purpose or for whom transactions are to be conducted by the operator
using the device.
(B) Damaged, Destroyed, Lost, or Illegible Consumer
Information Sticker. If a consumer information sticker becomes damaged,
destroyed, lost, or otherwise illegible so that any part of the information
on the sticker is no longer fully legible and in compliance with the
requirements of this section, the sticker shall be replaced using
the procedure in subparagraph (E) of this paragraph.
(C) Obstruction of Device Operation Prohibited. A consumer
information sticker shall not be placed directly on a device if such
placement does, will, or may affect the accuracy, readability, or
lawful operation of the device.
(D) Obtaining Consumer Information Stickers. Consumer
information stickers will be issued via mail with the registration
certificate, sufficient for the number of devices in operation at
the registered location.
(E) Obtaining Replacement Consumer Information Stickers.
Replacement consumer information stickers necessary to comply with
subparagraph (B) of this paragraph shall be obtained from the department
in quantities of eight stickers per page by:
(i) submitting to the department a complete and accurate
replacement consumer information sticker request form prescribed by
the department, using the most recent version of the form; and
(ii) remitting to the department the total fee using
the fee schedule in §12.12 of this chapter.
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| Source Note: The provisions of this §12.11 adopted to be effective September 2, 1996, 21 TexReg 7958; amended to be effective April 11, 2000, 25 TexReg 2991; amended to be effective September 1, 2011, 36 TexReg 4795; amended to be effective January 17, 2016, 41 TexReg 613; amended to be effective January 23, 2018, 43 TexReg 340; amended to be effective September 9, 2020, 45 TexReg 6227; amended to be effective March 5, 2023, 48 TexReg 1030 |
