4 Tex. Admin. Code § 12.40
License Requirements
Effective Dec 16, 201338 TexReg 9009Source Note: The provisions of this §12.40 adopted to be effective September 2, 1996, 21 TexReg 7959; amended to be effective April 23, 1998, 23 TexReg 3822; amended to be effective April 11, 2000, 25 TexReg 2991; amended to be effective November 5, 2001, 26 TexReg 8792; amended to be effective July 1, 2012, 37 TexReg 4589; amended to be effective December 16, 2013, 38 TexReg 9009.Texas Secretary of State
- (a) Unless the person is exempt from the license requirement, a person may not employ an individual who performs or offers to perform device maintenance activities unless the person holds a service company license issued by the department under this subchapter.
(b) The department may issue a license to a person who:
(1) has available annually certified test standards meeting the specifications in NIST Handbook 105, for each class of license as follows:
- (A) Class 1. Scales, capacity 300 pounds or less: One 30-pound test kit, and additional test weights capable of testing a scale to 100% of its capacity.
- (B) Class 2. Scales, capacity more than 300 pounds but not more than 3,000 pounds: One 30-pound test kit, and additional test weights equal to 300 pounds or 25% of the capacity of the scale being tested, whichever is more.
- (C) Class 3. Scales, capacity more than 3,000 pounds but not more than 40,000 pounds: Test weights equal to 1,000 pounds or 12.5% of the capacity of the scale being tested, whichever is more, and correction weights in sizes no larger than one-half the minimum graduation of any scale to be tested.
- (D) Class 4. Scales, capacity more than 40,000 pounds: Test weights equal to 10,000 pounds or 12.5% of the capacity of the scale being tested, whichever is more, and correction weights in sizes no larger than one-half the minimum graduation of any scale to be tested.
- (E) Class 5. Liquid measuring devices, maximum flow rate 20 gallons per minute or less: One five-gallon test measure.
- (F) Class 6. Liquid measuring devices, maximum flow rate more than 20 gallons per minute: One test measure whose capacity exceeds the amount of liquid delivered by the device in one minute at the maximum flow rate.
- (G) Class 7. Liquefied petroleum gas (LPG) measuring devices: LPG prover.
- (2) has available the latest editions of NIST Handbook 44 and this chapter.
Source Note:The provisions of this §12.40 adopted to be effective September 2, 1996, 21 TexReg 7959; amended to be effective April 23, 1998, 23 TexReg 3822; amended to be effective April 11, 2000, 25 TexReg 2991; amended to be effective November 5, 2001, 26 TexReg 8792; amended to be effective July 1, 2012, 37 TexReg 4589; amended to be effective December 16, 2013, 38 TexReg 9009.