1. (a) An applicant for licensing as a vehicle inspection station must apply to the department using department provided forms. The director may determine not to consider any application unless all requested information has been supplied by the applicant. Persons may request department forms for application as a vehicle inspection station by notifying a department representative by telephone, letter, or through another vehicle inspection station.
2. (b) The director or designee shall develop all forms and related documents including, but not limited to, an application form, signature authorization form, submissions requirements for submitting credit reports or related release forms, and/or any other background information relating to the applicant required to determine the applicant's eligibility for a license and whether the granting of a license to the applicant will best serve the public. An applicant must disclose all criminal convictions for individuals to whom Transportation Code, §548.405(f) applies.
3. (c) The applicant(s) shall complete, sign, date, and submit all forms and related information and documents required. By signing and submitting the application form, the applicant agrees to allow the department to investigate the criminal, credit, and tax background of the applicant and other matters as authorized by law.
4. (d) The statutory fee for certification as an inspection station is $30 for a two year period.
5. (e) Certification. The applicant must certify in writing that, if it is a corporation, its franchise taxes owed to the State of Texas under the Tax Code, Chapter 171, are current, or that the corporation is exempt from or not subject to the Texas franchise tax.
6. (f) Except as provided in §23.13 of this title (relating to Reissue of Inspection Station Certificate of Appointment after Suspension), no person may apply for a certificate of appointment as a vehicle inspection station within one year from the date of denial by the director of an application from the same person.

7. (g) Upon implementation of the Texas Automated Vehicle Inspection System (TAVIS), the following provisions are effective.

   1. (1) Applicants for inspection station certification must apply in a manner prescribed by the department using on-line forms, paper forms, or combination of both provided by the department, TexasOnline, and/or authorized TAVIS contractor(s).
   2. (2) In addition to the statutory certification fee, applicants may be required to pay an additional automation subscription fee of $2.00.
   3. (3) Applicants must enter into and maintain a business arrangement with the State and/or the TAVIS contractor(s) to obtain a telecommunication link between the Texas Automated Vehicle Inspection Database and the TAVIS station interface device. The business arrangement will include a security agreement between the station and the State and/or TAVIS contractor(s) detailing the station's responsibility for care, maintenance, and security of the TAVIS station interface device. The security agreement shall specify that replacement of the TAVIS station interface device for any reason other than ordinary and normal usage (fair wear and tear) must be at the station's expense. Placement of a TAVIS station interface device by the contractor may require a security deposit from the station applicant in an amount as authorized by the department.

Source Note:The provisions of this §23.1 adopted to be effective January 1, 1976; amended to be effective December 5, 1977, 2 TexReg 4535; amended to be effective October 4, 1988, 13 TexReg 4686; amended to be effective June 8, 1993, 18 TexReg 3355; amended to be effective July 3, 1995, 20 TexReg 4409; amended to be effective August 23, 2000, 25 TexReg 8049; amended to be effective January 2, 2006, 30 TexReg 8987.