1. (a) Definitions. The following definitions apply relating to the Texas Automated Vehicle Inspection System (TAVIS) Certificate Inventory and Tracking Management Application.

   1. (1) Disbursed--The status of inspection certificates that have been assigned to an inspection station's account and is pending confirmation of delivery to the inspection station's location.
   2. (2) Confirmed--The status of an inspection certificate that has been physically received by the inspection station. Inspection stations issued a TAVIS inspection station interface device are required to immediately "confirm" receipt of inspection certificates using the TAVIS device and that status is recorded in the TAVIS system.
   3. (3) Active--The status of an inspection certificate that has been confirmed as physically received at the inspection station and available for issue to a vehicle upon passing inspection. A book of inspection certificates is activated using the TAVIS station interface device located in the inspection station's location and that status is recorded in the TAVIS system. An inspection station is required to "activate" inspection certificates.
   4. (4) Issued--The status of an inspection certificate attached to a vehicle after the vehicle passes the inspection and the results have been recorded into the TAVIS system.

2. (b) Safeguarding certificates.

   1. (1) Vehicle inspection station owners and operators are responsible for all certificates disbursed to, confirmed at, and activated in their inspection station. Adequate facilities shall be provided by the inspection station for safeguarding all certificates. The certificates shall be kept under lock and key at all times in a metal box or a secure container with a locking device.
   2. (2) Vehicle inspection stations may not transfer, furnish, give, loan, or sell certificates to any other vehicle inspection station. A vehicle inspection station's failure to have an adequate supply of certificates on hand at all times during the inspection year shall be cause for suspension or revocation of the vehicle inspection station's certificate of appointment.
   3. (3) When an old certificate is removed from the vehicle, it shall be destroyed so that it cannot be reused. Certificates shall not be transferred to another windshield or reissued.

3. (c) Responsibility for inspection certificates.

   1. (1) Except as otherwise expressly provided by this subsection, each inspection station shall bear the risk of loss for all inspection certificates disbursed to that station. Confirmed receipt of inspection certificates by an inspection station shall confirm delivery and final purchase of such inspection certificates. Each inspection station shall be liable to the department for the state mandated fees of such inspection certificates.
   2. (2) Notwithstanding paragraph (1) of this subsection, an inspection station may return full and complete books of inspection certificates returned in original condition and receive an accounting indicating that the certificate books have been removed from the inspection station's active inventory.
   3. (3) Notwithstanding paragraph (1) of this subsection, the director, or authorized designate, may charge the inspection station an administrative fee for each inspection certificate returned to the department which was not issued, if the book has been used to issue certificates, rendering the remaining book of certificates non-disbursable.
   4. (4) Notwithstanding paragraph (1) of this subsection, the director, or authorized designate, may waive the administrative fee for certificates not issued that are damaged due to an Act of God provided the inspection station, within 24 hours of the discovery of the damage, has made a formal report of such damage to the department through the TAVIS station interface device or interactive voice portal and appropriate department representative.
   5. (5) Notwithstanding paragraph (1) of this subsection, an inspection station may return, and receive an accounting for certificate(s) which because of an error of manufacture or printing is not suitable for issue, if reported to the department as defective.

4. (d) Reporting inspection certificates received and subsequently stolen or lost.

   1. (1) An inspection station shall report each stolen or lost inspection certificate, within 24 hours of the discovery, to:

      1. (A) appropriate local law enforcement authorities,
      2. (B) the local department representative, and
      3. (C) the department through the TAVIS station interface device or interactive voice portal within 24 hours of the discovery of the theft or loss.
   2. (2) Where inspection certificates are lost or stolen, the inspection station shall not be reimbursed for the certificates.
5. (e) Responsibility for inspection program State and/or vendor property. Each inspection station shall be financially responsible to the department, or its agents, for all inspection program related property placed at the inspection station's location.

Source Note:The provisions of this §23.25 adopted to be effective January 2, 2006, 30 TexReg 8987.