| (a) Appointment of household goods agent. A household
goods carrier may appoint a household goods agent to represent the
household goods carrier's business interests in Texas.
(b) Liability. A household goods carrier is responsible
for the acts, delinquencies, omissions, and conduct of each of its
household goods agents while acting on behalf of the household goods
carrier.
(c) Agent filing. A household goods carrier shall file
with the department, on a form approved by the director, a current,
accurate list of its household goods agents and their addresses.
(1) A household goods carrier using alternative vehicle
registration under §218.13(g) of this title (relating to Application
for Motor Carrier Registration) shall notify the department 30 days
prior to the creation or termination of an agency agreement.
(2) A household goods carrier not using the alternative
vehicle registration shall notify the department on or before January
1, April 1, July 1, and October 1, of each year of the creation or
termination of an agency agreement.
(d) Use of household goods carrier's name. When representing
a household goods carrier, the agent:
(1) shall operate under the name of the represented
household goods carrier, as shown on the certificate of registration
issued by the department;
(2) shall use only the moving services contract of
the represented household goods carrier; and
(3) may include its name, as listed on the household
goods carrier's agent filing, on the carrier's advertisements.
(e) Availability of tariff records. A household goods
carrier shall require each of its household goods agents to keep copies
of the applicable tariff in the household goods agent's office and
open to public inspection.
(f) Shipping records maintained. A household goods
agent shall keep a record of every shipment that it sells or handles
for at least two years after the date of shipment.
(g) Agency agreements. An agreement between a household
goods carrier and its household goods agent shall be in writing and
signed by the household goods carrier and the household goods agent,
and copies of any agreement must be kept in the files of the household
goods carrier for a period of not less than two years following the
date of termination of each agreement.
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