1. (a) Applicants for new or renewal vehicle inspection station certification must apply in a manner prescribed by the department.
2. (b) By submitting a new or renewal vehicle inspection station application form, the applicant agrees to allow the department to conduct background checks as authorized by law.

3. (c) A new or renewal vehicle inspection station application must include, but is not limited to, the items listed in paragraphs (1) - (3) of this subsection:

   1. (1) Criminal history disclosure of all convictions and deferred adjudications for each owner or designee engaged in the regular course of business as a vehicle inspection station;
   2. (2) Proof of ownership and current status as required by the department. Such proof includes, but is not limited to, a current Certificate of Existence or Certificate of Authority from the Texas Secretary of State and a Certificate of Good Standing from the Texas Comptroller of Public Accounts; and
   3. (3) All fees required pursuant to Texas Transportation Code, Chapter 548 (the Act). The vehicle inspection station new and renewal application fee is nonrefundable.
4. (d) If an incomplete new or renewal vehicle inspection station application is received, notice will be sent to the applicant stating that the application is incomplete and specifying the information required for completion.
5. (e) The new or renewal vehicle inspection station applicant has 60 calendar days after receipt of notice to provide the required information and submit a complete application. If an applicant fails to furnish the documentation, the application will be considered withdrawn and a new application must be submitted.

6. (f) A new or renewal vehicle inspection station application is complete when:

   1. (1) It contains all items required by the department.
   2. (2) It conforms to the Act, this chapter and the Texas vehicle inspection program's instructions.
   3. (3) All fees have been paid pursuant to the Act.
   4. (4) All requests for additional information have been satisfied.
7. (g) The vehicle inspection station certificate will expire on August 31 of the odd numbered year following the date of issuance and is renewable every two years thereafter.
8. (h) A renewal of the vehicle inspection station certification issued by the department is conditional upon the receipt of criminal history record information.

9. (i) For a new or renewal vehicle inspection station application to be approved, the owner must:

   1. (1) be at least 18 years of age;
   2. (2) provide proof of identification as required by the department;
   3. (3) not be currently suspended or revoked in the Texas vehicle inspection program;
   4. (4) complete department provided training;
   5. (5) have a facility that meets the standards for the appropriate class set forth in this chapter;
   6. (6) have equipment that meets the standards set forth in §23.13 of this title (relating to Equipment Requirements for All Classes of Vehicle Inspection Stations); and
   7. (7) meet all other eligibility criteria under the Act or this chapter.
10. (j) Certificate holders of vehicle inspection stations must submit a new application, including applicable fees, in order to change a location, or make a change of ownership.

11. (k) Applicants for new or renewal vehicle inspection station certification must apply for one of the classes defined in paragraphs (1) - (3) of this subsection:

    1. (1) Public--A station open to the public performing inspections on vehicles presented by the public. Stations open to the public will not be issued a fleet vehicle inspection station license unless such stations are currently certified as a public vehicle inspection stations;
    2. (2) Fleet--A station not providing vehicle inspection services to the public; or
    3. (3) Government--A station operated by a political subdivision, or agency of this state.

Source Note:The provisions of this §23.1 adopted to be effective March 13, 2013, 38 TexReg 1700; amended to be effective March 1, 2015, 40 TexReg 256; amended to be effective September 15, 2016, 41 TexReg 7119.