Section 215.174 - Application for a License(a) An applicant for a vehicle lessor's or vehicle lease facilitator's license shall submit a sufficient application to the department as required under § 215.83 of this title (relating to License Applications, Amendments, or Renewals). To be sufficient, the application must be on a form prescribed by the department, accompanied by all required supporting documentation, and required fees, and submitted to the department electronically in the licensing system designated by the department.(b) A license holder renewing or amending a license must verify current license information, provide related information and documents for any new requirements or changes to the license, and pay required fees.(c) 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.(d) Once registered, an applicant may apply for a new license and must provide the following: (1) type of license requested;(2) business information, including the name, physical and mailing addresses, telephone number, Secretary of State file number, as applicable, and website address, as applicable;(3) contact name, email address, and telephone number of the person submitting the application;(4) contact name, email address, and telephone number of a person who can provide information about business operations and the motor vehicle services offered;(5) 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;(6) 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;(7) 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;(8) 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;(9) military service status;(10) licensing history required to evaluate fitness for licensure under § 215.89 of this title (relating to Fitness);(11) signed Certification of Responsibility, which is a form provided by the department; and(12) any other information required by the department to evaluate the application under current law and board rules.(e) The supporting documentation for a vehicle lessor's license application must include a legible and accurate electronic image of each applicable required document:(1) Certificate of incorporation, registration, or formation filed with the Texas Secretary of State;(2) one of the following current identity documents for each natural person listed in the application: (B) Texas Identification Card issued by the Texas Department of Public Safety under Transportation Code Chapter 521, Subchapter E;(C) license to carry a handgun issued by the Texas Department of Public Safety under Government Code Chapter 411, Subchapter H;(E) United States military identification card;(3) a copy of each assumed name certificate on file with the appropriate recording entity, such as the Office of the Secretary of State or the county clerk;(4) a sample copy of the vehicle lease agreement between the vehicle lessor and a lessee;(5) a sample copy of the required fee disclosure statement regarding fees paid by the vehicle lessor to a vehicle lease facilitator for the facilitation of a vehicle lease or a statement that no such fees were or will be paid;(6) a list including the business name(s), DBA(s), and addresses of lease facilitators with whom the applicant conducts or intends to conduct business;(7) a list of other satellite offices that conduct business in the State of Texas that includes the address, phone number, and name of the contact person for each location;(8) if a vehicle lessor does not deal directly with the public to execute vehicle leases and has a licensed location in another state, a vehicle lessor must provide the jurisdiction name, licensed business address, and license number for each location that leases a motor vehicle to a Texas resident; and(9) any other information required by the department to evaluate the application under current law and board rules.(f) The supporting documentation for a vehicle lease facilitator's license application must include a legible and accurate electronic image of each applicable required document:(1) Certificate of incorporation, registration, or formation filed with the Texas Secretary of State;(2) one of the following unexpired identity documents for each natural person listed in the application: (B) Texas Identification Card issued by the Texas Department of Public Safety under Transportation Code Chapter 521, Subchapter E;(C) license to carry a handgun issued by the Texas Department of Public Safety under Government Code Chapter 411, Subchapter H;(E) United States military identification card;(3) a copy of each assumed name certificate on file with the appropriate recording entity, such as the Office of the Secretary of State or the county clerk;(4) a sample copy of the vehicle lease agreement between each of the lessors the lease facilitator represents, and the lessee;(5) a sample copy of the required fee disclosure statement regarding fees paid by a vehicle lessor to the vehicle lease facilitator for the facilitation of a vehicle lease or a statement that no such fees were or will be paid;(6) a list of all vehicle lessors, including names and addresses, for whom any vehicle lease facilitator solicits or procures a lessee;(7) a copy of the representation agreement between the vehicle lease facilitators and each lessor; and(8) any other information required by the department to evaluate the application under current law and board rules.(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.(h) During the term of a license, a vehicle lessor must add, delete, or update the previously submitted list of lease facilitators and a lease facilitator must add, delete, or update the previously submitted list of new vehicle lessors within 10 days by electronically submitting a license amendment in the licensing system designated by the department.43 Tex. Admin. Code § 215.174
The provisions of this §215.174 adopted to be effective February 11, 2010, 35 TexReg 883; amended to be effective August 2, 2012, 37 TexReg 5637; Amended by Texas Register, Volume 42, Number 06, February 10, 2017, TexReg 584, eff. 2/13/2017; Amended by Texas Register, Volume 49, Number 17, April 26, 2024, TexReg 2740, eff. 6/1/2024