16 Tex. Admin. Code § 9.22 - Changes in Ownership, Form of Dealership, or Name of Dealership
(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.
Notes
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