1. (a) A person shall not employ registered technicians to place devices into service or remove an out-of-order tag unless licensed as a licensed service company. Except as provided by Chapter 2, Subchapter B of this title (relating to Consolidated Licenses), the license is valid for one year and, if not renewed, shall expire on the company's anniversary date.

2. (b) The department may issue a license to a person who:

   1. (1) has available annually certified test standards meeting the specifications in NIST Handbook 105, for each class of license as follows:

      1. (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.
      2. (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.
      3. (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.
      4. (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.
      5. (E) Class 5. Liquid measuring devices, maximum flow rate 20 gallons per minute or less: One five-gallon test measure.
      6. (F) Class 6. Liquid or liquefied petroleum gas (LPG) 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.
   2. (2) has available the latest editions of NIST Handbook 44, NIST Publication 12 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.