1. (a) Changes in ownership which require a new license.

   1. (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 authorizing the LP-gas activities to be performed at the dealership or outlet or shall apply for and be issued an LP-gas license prior to engaging in any LP-gas activities which require a license. The purchaser, lessee, or donee shall notify the License and Permit Section of the Gas Services Division (the Section) by filing a properly completed LPG Form 1 prior to engaging in any LP-gas activities at that dealership or outlet which require an LP-gas license.
   2. (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, or the dissolution of a corporation or partnership, or any change in 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 the Section in writing and shall immediately cease all LP-gas activities of the previously existing dealership which require an LP-gas license and shall not resume until the Section issues an LP-gas license to the successor in interest.
2. (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 authorizing the LP-gas activities to be performed or shall apply for and be issued a license before engaging in any LP-gas activities which require an LP-gas license and shall immediately notify the Section in writing of the change in business entity.

3. (c) Dealership name change. A licensee which changes its name shall not be required to obtain a new license but shall immediately notify the Section as follows prior to engaging in any LP-gas activities under the new name. The licensee shall file:

   1. (1) an amended LPG Form 1 and, if applicable, Form 1A;
   2. (2) a copy of the licensee's business documents reflecting the name change, such as amendments to the articles of incorporation or assumed name filings;
   3. (3) certificates of insurance or affidavits in lieu of insurance (where permitted by §9.26 of this title (relating to Insurance Requirements) or both;
   4. (4) an amended LPG Form 7 to transfer any LP-gas transport or container delivery unit, including any fees specified in §9.202 of this title (relating to Registration and Transfer of LP-Gas Transports or Container Delivery Units); and
   5. (5) an amended LPG Form 19, if applicable, to specify storage container inventory.
4. (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).
5. (e) In the event of a death of a sole proprietor or partner, the assistant director for the Section 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 agree to comply with all applicable safety requirements.

Source Note:The provisions of this §9.22 adopted to be effective February 1, 2001, 26 TexReg 947; amended to be effective September 1, 2005, 30 TexReg 4810.