1. (a) A person is exempt from licensing under §229.435 of this subchapter (relating to Licensure Requirements) if the person engages only in the following types of device distribution:

   1. (1) intracompany sales;
   2. (2) distribution from a place of business located outside the State of Texas; or
   3. (3) the sale, purchase, or trade of a distressed or reconditioned device by a salvage broker or a salvage operator licensed under §229.605 of this chapter (relating to Licensing Requirements and Procedures).
2. (b) A person is exempt from licensing under §229.435 of this subchapter if the person holds a registration certificate issued under Texas Occupations Code Chapter 266 and engages only in conduct within the scope of that registration.
3. (c) A person is exempt from licensing under §229.435 of this subchapter if the person is exempted from licensing under Texas Occupations Code §605.2515 and engages only in conduct within the scope of that exemption.
4. (d) This section does not exempt a person from other applicable provisions of the Texas Food, Drug, and Cosmetic Act, HSC Chapter 431; the Texas Dangerous Drug Act, HSC Chapter 483; or the rules adopted to administer and enforce those chapters.

Source Note:The provisions of this §229.434 adopted to be effective October 18, 1994, 19 TexReg 7910; amended to be effective March 19, 1996, 21 TexReg 1887; amended to be effective March 19, 2001, 26 TexReg 2196; amended to be effective January 1, 2005, 29 TexReg 11983; amended to be effective November 23, 2014, 39 TexReg 9018; amended to be effective January 5, 2026, 51 TexReg 147.