1. (a) When a Class A or B license is reclassified as a Class C license, a fee in the amount of the difference in the cost of the licenses shall be paid. There shall be no refund when a Class C license is reclassified as a Class A or Class B license.

2. (b) The department may approve the assignment of a company license to the spouse or heir(s) of a deceased owner provided:

   1. (1) A copy of the owner's death certificate is filed with the department;
   2. (2) A copy of the Will, Order Admitting Will to Probate, Letters of Testament, Affidavit of Heirship with two affiants' signatures, or Order of Heirship is filed with the department; and
   3. (3) In the case of the death of a qualified manager, that a replacement manager is qualified within ninety (90) days.
3. (c) Other assignments will be permitted only where the majority owners of the original licensee maintain majority ownership of the proposed assignee. The assignor must provide the department written documentation establishing the intended date of assignment, and must ensure any new owners required to register have been approved by the department. The assignee may not perform regulated services prior to the proposed date of assignment or the date of the department's approval of all required registration applications for new owners, whichever is later.
4. (d) An additional assignment fee will be assessed as provided by this chapter upon assignment of a license under subsection (b) or (c) of this section.

Source Note:The provisions of this §35.26 adopted to be effective May 6, 2014, 39 TexReg 3606.