25 Tex. Admin. Code § 229.434
Exemptions
Effective Nov 23, 201439 TexReg 9018Source 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.Texas Secretary of State
(a) A person is exempt from licensing under §229.435 of this title (relating to Licensure Requirements) if the person engages only in the following types of device distribution:
- (1) intracompany sales;
- (2) distribution from a place of business located outside the State of Texas; or
- (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 title (relating to Licensing Requirements and Procedures).
- (b) A person is exempt from licensing under §229.435 of this title if the person holds a registration certificate issued under Occupations Code, Chapter 266, and engages only in conduct within the scope of that registration.
- (c) This section does not exempt a person from other applicable provisions of the Texas Food, Drug, and Cosmetic Act, Health and Safety Code, Chapter 431; the Texas Dangerous Drug Act, Health and Safety Code, 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.