1. (a) A contracting firm operating under a state license, whose only license holder is suddenly no longer available due to death, disability, or dissolution of a partnership or corporation, may request a temporary license from the commissioner. A temporary license is not available to:

   1. (1) a new unlicensed owner of a company who was not an owner or officer of the company before it was dissolved;
   2. (2) companies that rely on a sole licensed employee who leaves the company; or
   3. (3) an employee of a sole proprietorship if the licensed owner closes or sells the business.
2. (b) The temporary license request must be made for an owner, partner, or employee who was affiliated with the firm at the time the license holder became unavailable. The person who will hold the temporary license must meet all eligibility requirements to take an examination for a license.

3. (c) The request must:

   1. (1) be in writing;
   2. (2) state the reason for the request including the circumstances and legal organization of the company involved;
   3. (3) include a completed application and the application and exam fees; and
   4. (4) include a new certificate of insurance covering the company and the temporary license holder.
4. (d) A temporary license may be granted for a period extending 30 days beyond the date of the next exam period, not to exceed six months, and is not renewable. A second temporary license may not be issued to a company unless that company had a regular license holder following the initial temporary license, and the regular license holder became suddenly unavailable in circumstances that make the company again eligible to receive a temporary license. The temporary license shall be of the same class and endorsement as the license needing to be replaced.
5. (e) The temporary license number will not be the same number to be assigned as a permanent license number. The temporary license number must be shown on company vehicles with a temporary sign, and must also be shown on invoices and proposals. The temporary license shall be numbered by the department as follows: Title/Class/Number/Endorsement code/Temporary Designation--TACLA000CT.

Source Note:The provisions of this §75.23 adopted to be effective January 28, 1993, 18 TexReg 301; amended to be effective August 1, 1994, 19 TexReg 5637; amended to be effective January 10, 1997, 22 TexReg 737.