| (a) Transfer of dealership outlet or location by sale,
lease, or gift.
(1) Licensing. The purchaser, lessee, or donee of any
dealership outlet or location shall apply for and be issued a notice
of tentative CNG license approval, prior to engaging in the transfer
of such an entity. Such tentative CNG license approval, when issued,
shall be valid for a period not to exceed 90 days from the date of
issue. During this 90-day period, the licensee and the recipient of
the tentative CNG license approval shall be allowed to conduct business
under this subchapter. Any applicable licensing fees shall be prorated
to cover this period of tentative approval and shall be payable at
the time of application for tentative approval. Any portion of the
licensing fees unused during this 90-day period shall be applied on
a prorated basis to the licensing fee required of the new purchaser,
lessee, or donee of such dealership or outlet.
(2) Notice. After the transfer of any dealership outlet
or location, the new operator/owner or the authorized representative
thereof, shall notify LP-Gas Operations of the completed transfer
of such dealership by certified mail immediately upon the completion
of said transfer, and file with LP-Gas Operations all forms of application
for licensing or registration required by this subchapter.
(b) Other changes in ownership.
(1) Licensing. 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 elsewhere in this section, the CNG operation
shall continue for no longer than 30 days, unless a CNG license is
issued to the successor in interest and the notice requirements of
paragraph (2) of this subsection have been satisfied. This 30-day
period shall be allowed only when the licensee meets all other pertinent
requirements of this subchapter, specifically those regarding the
licensee's representative.
(2) Notice. The successor in interest shall notify
LP-Gas Operations by certified mail of the death of a sole proprietorship
or partner, the dissolution of a corporation or partnership, any change
in partnership members, or other changes in ownership not specifically
provided for in this section.
(3) Change in partnership members. A change in partnership
members occurs upon the death, withdrawal, expulsion, or addition
of a partner.
(4) Transfer of stock. Notwithstanding, the provisions
of paragraphs (1) - (3) of this subsection, a change in ownership
does not occur, for the purpose of this section, when shares of stock
in a corporation are transferred, exchanged, sold, or alienated, unless
such action creates a new controlling interest in such corporation.
(c) Changes in dealership business form.
(1) Licensing. When a dealership converts from one
business entity to a different kind of business entity, the newly
formed entity shall apply for and be issued a notice of tentative
CNG license approval, prior to engaging in the conversion. Such tentative
CNG license approval, when issued, shall be valid for a period not
to exceed 90 days from the date of issue. During this 90-day period,
the licensee (regardless of form) shall be allowed to conduct business
under this subchapter. Any applicable licensing fees shall be paid
or maintained to cover this period of tentative approval and shall
be paid or payable at the time of application for tentative approval.
Any fees paid by this original entity shall be credited on a prorated
basis to the account of the new entity.
(2) Notice. An authorized representative of the original
entity or of the new entity shall notify LP-Gas Operations by certified
mail of an accomplished change in business form immediately upon the
completion of such conversion, and shall cause to be filed with LP-Gas
Operations all forms of applications for licensing or registration
required by this subchapter.
|
| Source Note: 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 |
