| (a) Changes in ownership which require a new license
or manufacturer registration.
(1) Transfer of dealership or outlet by sale, lease,
or gift. The purchaser, lessee, or donee of any dealership or outlet
shall have a current and valid license or manufacturer registration
authorizing the LP-gas activities to be performed at the dealership
or outlet or shall apply for and be issued an LP-gas license or manufacturer
registration prior to engaging in any LP-gas activities which require
a license or manufacturer registration. The purchaser, lessee, or
donee shall notify AFS by filing a properly completed LPG Form 1 or
LPG Form 1M prior to engaging in any LP-gas activities at that dealership
or outlet which require an LP-gas license or manufacturer registration,
respectively.
(2) Other changes in ownership. A change in members
of a partnership occurs upon the death, withdrawal, expulsion, or
addition of a partner. Upon the death of a sole proprietor or partner,
the dissolution of a corporation or partnership, any change in the
members of a partnership, or other change in ownership not specifically
provided for in this section, an authorized representative of the
previously existing dealership or of the successor in interest shall
notify AFS in writing and shall immediately cease all LP-gas activities
of the previously existing dealership which require an LP-gas license
or manufacturer registration and shall not resume until AFS issues
an LP-gas license or manufacturer registration to the successor in
interest.
(b) Change in dealership business entity. When a dealership
converts from one business entity into a different kind of business
entity, the resulting entity shall have a current and valid license
or manufacturer registration authorizing the LP-gas activities to
be performed or shall apply for and be issued a license or manufacturer
registration before engaging in any LP-gas activities which require
an LP-gas license or manufacturer registration and shall immediately
notify AFS in writing of the change in business entity.
(c) Dealership name change. A licensee or registered
manufacturer which changes its name shall not be required to obtain
a new license or manufacturer registration but shall immediately notify
AFS as follows prior to engaging in any LP-gas activities under the
new name. The licensee or registered manufacturer shall file:
(1) an amended LPG Form 1 or LPG Form 1M;
(2) an amended Form 1A if outlet names will change;
(3) a copy of the licensee's or registered manufacturer's
business documents reflecting the name change, such as amendments
to the articles of incorporation or assumed name filings;
(4) certificates of insurance or affidavits in lieu
of insurance if permitted by §9.26 of this title (relating to
Insurance and Self-Insurance Requirements) or both; and
(5) any other forms required by AFS.
(d) Company representative and operations supervisor.
In all changes of ownership, form of dealership, or name of dealership,
the resulting entity shall have a properly certified company representative
for the license and an operations supervisor, if required, at each
outlet and as outlined in §9.17 of this title (relating to Designation
and Responsibilities of Company Representatives and Operations Supervisors).
(e) In the event of a death of a sole proprietor or
partner, the AFS director may grant a temporary exception not to exceed
30 calendar days to the examination requirement for company representatives
and operations supervisors. An applicant for a temporary exception
shall comply with applicable safety requirements.
|
| Source Note: The provisions of this §9.22 adopted to be effective February 1, 2001, 26 TexReg 947; amended to be effective September 1, 2005, 30 TexReg 4810; amended to be effective December 24, 2012, 37 TexReg 9913; amended to be effective January 6, 2020, 45 TexReg 127; amended to be effective July 18, 2022, 47 TexReg 4119 |
