Section 13.67 - 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 outlet or location 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 CNG activities to be performed at the dealership or outlet or shall apply for and be issued a CNG license or manufacturer registration prior to engaging in any CNG activities which require a license or manufacturer registration. The purchaser, lessee, or donee shall notify AFS by filing a properly completed CNG Form 1001 or CNG Form 1001M prior to engaging in any CNG activities at that dealership or outlet which require a CNG license or manufacturer registration.
(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 changes in the members of a partnership, or other changes 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 CNG activities of the previously existing dealership which require a CNG license or manufacturer registration and shall not resume until AFS issues a CNG license or manufacturer registration to the successor in interest .
(b) Changes 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 valid license or manufacturer registration authorizing the CNG activities to be performed or shall apply for and be issued a license or manufacturer registration before engaging in any CNG activities which require a CNG 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 CNG activities under the new name. The licensee or registered manufacturer shall file: (1) an amended CNG Form 1001 or CNG Form 1001M;(2) an amended CNG Form 1001A, 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 § RSA 13.63 of this title (relating to 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 specified in § RSA 13.72 of this title (relating to Designation and Responsibilities of Company Representative and Operations Supervisor).(e) For good cause shown, the AFS director may grant a temporary exception of 30 days or less to the examination requirements for company representatives and operations supervisors. Good cause includes but is not limited to the death of a sole proprietor or partner. An applicant for a temporary exception shall comply with applicable safety requirements and submit to AFS information showing the exception will not be hazardous to the public.16 Tex. Admin. Code § 13.67
The provisions of this §13.67 adopted to be effective November 15, 1990, 15 TexReg 5941; amended to be effective June 5, 2006, 31 TexReg 4604; amended to be effective December 24, 2012, 37 TexReg 9917; Amended by Texas Register, Volume 46, Number 07, February 12, 2021, TexReg 1041, eff. 2/15/2021