Last revision April 5th, 1999
Transportation Service Providers
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Administrative Rules of the
Texas Department of Licensing and Regulation
16 Texas Administrative Code, Chapter 69

Table of Contents

69.1. Authority.
69.10. Definitions.
69.20. Certificate of Registration Requirements - General.
69.21. Certificate of Registration Requirements - Specific.
69.22. Certificate of Registration - Renewal.
69.60. Responsibilities of the Department.
69.70. Responsibilities of the Certificate Holder.
69.80. Fees.
69.90. Sanctions - Administrative Sanctions/Penalties.
69.91. Sanctions - Revocation, Suspension, or Denial because of a Criminal Conviction.

69.1. Authority.(Effective July 29, 1998, 23 TexReg 7556)

These rules are promulgated under the authority of the Regulation of Certain Transportation Service Providers, Texas Civil Statutes, Article 6675(e)(Vernon 1997) and Texas Revised Civil Statutes Annotated, article 9100 (Vernon 1991)).

69.10. Definitions.(Effective July 29, 1998, 23 TexReg 7556)

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

(1) Applicant - All officers, directors and shareholders owning 25% or more shares of a Corporation, General Partners in a partnership or the owner of a Sole Proprietorship of a freight forwarding entity.

(2) Breakbulk - To unload and distribute a portion or all of the contents of a consolidated shipment for delivery or reconsignment.

(3) Licensed custom broker - Any person granted a customs broker's license by the U. S. Secretary of the Treasury.

(4) Location - Where the registrant maintains required records and/or provides freight forwarding in Texas.

(5) Motor carrier - A person providing motor vehicle transportation for compensation.

(6) Ocean freight forwarder - A person in the United States that dispatches shipments from the United States via common carriers and books or otherwise arranges space for those shipments on behalf of shippers and processes the documentation or performs related activities incident to those shipments.

(7) Records - The required information that will be maintained at the location registered in Texas.

69.20. Certificate of Registration Requirements - General. (Effective July 29, 1998, 23 TexReg 7556)

(a) A Certificate is required for each location owned or operated by the Registrant in the State of Texas.

(b) The Certificate shall be posted at each location so that it is visible to the public.

(c) The Certificate is:

(1) valid for two years from date of issue;

(2) subject to renewal;

(3) not assignable or transferable; and

(4) will list the address of each Texas location operated by the applicant/registrant.

69.21. Certificate of Registration Requirements - Specific. (Effective July 29, 1998, 23 TexReg 7556)

(a) It is expressly understood that any falsification is cause for denial and/or revocation of registration.

(b) The registrant/ applicant must provide:

(1) a completed application form;

(2) a completed Irrevocable Consent to Service of Process form;

(3) an affirmation that no officer, director, member, owner or shareholder of the registering entity has been convicted of a crime under the Texas Health and Safety Code, Chapters 481 or 483, or has been convicted under laws containing substantially the same elements of any other state, the United States, or another country;

(4) a certification that the applicant does not owe delinquent taxes to any local, state, or federal taxing entity;

(5) a completed Tax Certificate from the Texas Comptroller of Public Accounts;

(6) application and certificate fees; and

(7) a list consisting of the name, mailing address, physical address and telephone number of all Texas locations operated by the applicant.

69.22. Certificate of Registration - Renewal.(Effective July 29, 1998, 23 TexReg 7556)

(a) A renewal application shall be submitted 30 days before the expiration date.

(b) The renewal shall consist of:

(1) the completed renewal form,

(2) the renewal application and certificate fees, and

(3) a completed Tax Certificate from the Texas Comptroller of Public Accounts.

(c) If the renewal application is not postmarked before midnight of the Certificate of Registration expiration date, the Department will renew the Certificates within 30 days of the expiration upon receipt of the above and a late fee.

69.60. Responsibilities of the Department.(Effective July 29, 1998, 23 TexReg 7556)

(a) The Department shall make inquiries as to the applicant's corporate affiliations, partnerships or other affiliations as may be necessary.

(b) The Department shall enforce this Act pursuant to Texas Revised Civil Statutes Annotated, article 9100 and 16 Texas Administrative Code Chapter 60.

69.70. Responsibilities of the Certificate Holder.(Effective July 29, 1998, 23 TexReg 7556)

(a) Each Certificate Holder must notify the Department of any changes in information, no later than 30 days after the change occurs, regarding:

(1) the registrant's name,

(2) the name of each person who is an officer, director, member, shareholder, or has an interest as owner or principal.

(3) the criminal conviction of an officer, director, member, shareholder, or of a person who has an interest as owner or principal.

(4) any delinquency in taxes owed to any local, state or federal taxing entity.

(b) If any information that appears on the face of the Certificate of Registration changes, the Registrant must obtain a new Certificate.

69.80. Fees.(Effective July 29, 1998, 23 TexReg 7556)

(a) The application processing and renewal fee for a Certificate of Registration as a Transportation Service Provider or Freight Forwarder is $300 for each application.

(b) The Certificate fee is $50 for each Certificate issued.

(c) A duplicate Certificate fee is $25.

(d) The late fee for renewing is $50.

69.90. Sanctions - Administrative Sanctions/Penalties.(Effective July 29, 1998, 23 TexReg 7556)

If a person violates Texas Civil Statutes, Article 6675(e)(Vernon 1997), or a rule or order, of the commissioner or commission relating to the Act, proceedings may be instituted to impose administrative sanctions and/or recommend administrative penalties in accordance with the Act or Texas Revised Civil Statutes Annotated, article 9100 (Vernon 1991) and 16 Texas Administrative Code, Chapter 60 (Vernon 1994) of this title (relating to the Texas Department of Licensing and Regulation).

69.91. Sanctions - Revocation, Suspension, or Denial because of a Criminal Conviction.(Effective July 29, 1998, 23 TexReg 7556)

The commissioner, after a hearing, may suspend or revoke an existing registration, or disqualify a person from receiving a registration, because that person has a felony or misdemeanor conviction that directly relates to the duties and responsibilities involved in the area in which the applicant will be registered. The commissioner may also, after a hearing, suspend, revoke or deny a registration because of a person's felony probation revocation, parole revocation, or revocation of mandatory supervision.

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