1. (a) Authority. A service company is authorized to perform device maintenance activities.

2. (b) Responsibilities. A service company is authorized to:

   1. (1) ensure compliance with this chapter and that the device is suitable for its intended use;

   2. (2) submit a prescribed service report to the appropriate Texas Department of Agriculture regional office, within ten days of:

      1. (A) placing a commercial weighing or measuring device into service;
      2. (B) installing, calibrating, or repairing a commercial weighing or measuring device; or
      3. (C) removing an out-of-order tag, stop-sale order, security seal, lock, condemnation notice, or other form of use prohibition placed on a weighing or measuring device by the department;
   3. (3) notify the department in writing within ten days of a change of name, address, or business location;
   4. (4) provide security seals approved by the department to an individual employed as a service technician; and
   5. (5) maintain at all times while the service company performs device maintenance activities a current effective operations liability insurance policy issued by an insurance company authorized to do business in this state or by a surplus lines insurer that meets the requirements of Chapter 981, Texas Insurance Code, and rules adopted by the commissioner of insurance in an amount set by the department and based on the type of licensed activities to be performed. General liability coverage including: premises and operations in an amount not less than $25,000 per occurrence; or $50,000 aggregate.

Source Note:The provisions of this §12.42 adopted to be effective September 2, 1996, 21 TexReg 7959; amended to be effective April 11, 2000, 25 TexReg 2991; amended to be effective November 11, 2003, 28 TexReg 9809; amended to be effective July 1, 2012, 37 TexReg 4589; amended to be effective December 16, 2013, 38 TexReg 9009.