| (a) No drive-a-way operator may engage in business
in Texas unless that person has a currently valid drive-a-way operator
in-transit license issued by the department.
(b) A drive-a-way operator in-transit application must
be on a form prescribed by the department and properly completed by
the applicant as required under §215.83 of this title (relating
to License Applications, Amendments, or Renewals). A drive-a-way operator
in-transit application must include all required information, required
supporting documents, and required fees, and must be submitted to
the department electronically in the licensing system designated by
the department.
(c) A drive-a-way operator in-transit license holder
renewing or amending its license must verify current license information,
provide related information and documents for any new requirements
or changes to the license, and pay required fees.
(d) An applicant for a new license must register for
an account in the department-designated licensing system by selecting
the licensing system icon on the dealer page of the department website.
An applicant must designate the account administrator and provide
the name and email address for that person, and provide the business
telephone number, name, business type, and social security number
or employer identification number, as applicable. The applicant's
licensing account administrator must be an owner, officer, manager,
or bona fide employee.
(e) Once registered, an applicant may apply for a new
license and must provide the following:
(1) Required information:
(A) type of license requested;
(B) business information, including the name, physical
and mailing addresses, telephone number, Secretary of State file number
(as applicable), and website address, as applicable;
(C) contact name, email address, and telephone number
of the person submitting the application;
(D) contact name, email address, and telephone number
of a person who can provide information about business operations
and the motor vehicle services offered;
(E) the name, social security number, date of birth,
identity document information, and ownership percentage for each owner,
partner, member, beneficiary, or principal if the applicant is not
a publicly traded company;
(F) the name, social security number, date of birth,
and identity document information for each officer, director, manager,
trustee, or other representative authorized to act on behalf of the
applicant if the applicant is owned in full or in part by a legal
entity;
(G) the name, employer identification number, ownership
percentage, and non-profit or publicly traded status for each legal
entity that owns the applicant in full or in part;
(H) criminal history record information under the laws
of Texas, another state in the United States, the United States, and
any foreign jurisdiction for each person listed in the application,
including offense description, date, and location;
(I) military service status;
(J) licensing history required to evaluate fitness
for licensure under §215.89 of this title (relating to Fitness);
(K) signed Certification of Responsibility, which is
a form provided by the department; and
(L) any other information required by the department
to evaluate the application under current law and board rules.
(2) A legible and accurate electronic image of each
applicable required document:
(A) the certificate of filing, certificate of incorporation,
or certificate of registration on file with the Secretary of State,
as applicable;
(B) each assumed name certificate on file with the
Secretary of State or county clerk;
(C) one of the following unexpired identity documents
for each natural person listed in the application:
(i) driver license;
(ii) Texas Identification Card issued by the Texas
Department of Public Safety under Transportation Code, Chapter 521,
Subchapter E;
(iii) license to carry a handgun issued by the Texas
Department of Public Safety under Government Code, Chapter 411, Subchapter
H;
(iv) passport; or
(v) United States military identification card;
(D) a list of manufacturers, distributors, dealers,
or auctions for which the applicant provides drive-a-way services;
(E) a description of the business model or business
process, transportation methods, compensation agreements, products,
and services used or offered sufficient to allow department to determine
if the license type applied for is appropriate under Texas law; and
(F) any other documents required by the department
to evaluate the application under current law and board rules.
(3) Required fees:
(A) the license fee as prescribed by law; and
(B) the fee, including any taxes, for each drive-a-way
in-transit standard license plate requested by the applicant as prescribed
by law.
(f) An applicant for a drive-a-way operator in-transit
license must also comply with fingerprint requirements in §211.6
of this title (relating to Fingerprint Requirements for Designated
License Types).
(g) An applicant operating under a name other than
the applicant's business name shall use the name under which the applicant
is authorized to do business, as filed with the Secretary of State
or county clerk, and the assumed name of such legal entity shall be
recorded by the applicant on the application using the letters "DBA."
The applicant may not use a name or assumed name that may be confused
with or is similar to that of a governmental entity or that is otherwise
deceptive or misleading to the public.
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