1. (a) Assumed name. An applicant who will operate as a salvage vehicle dealer under a name other than the name of that applicant must use the name under which that applicant is authorized to do business, as filed with the secretary of state or county clerk, and the assumed name of that legal entity must be recorded on the application form using the letters "DBA." If an assumed name will be used, the applicant must submit a copy of an assumed name certificate on file with the secretary of state or county clerk at the time the application form is submitted.

2. (b) Initial application. An applicant for a salvage vehicle dealer license must apply on a form prescribed by the department.

   1. (1) Form of application for salvage vehicle dealer license. The application form must be signed by the applicant, be accompanied by the application fee, and include:

      1. (A) the legal name, each business address, and each business telephone number of the applicant;
      2. (B) the name under which the applicant will do business;
      3. (C) the location, by number, street, and municipality, of each office from which the applicant will conduct business;
      4. (D) a statement indicating whether the applicant has previously applied for a salvage vehicle dealer license under this section, the result of the previous application, and whether the applicant has ever been the holder of a salvage vehicle dealer license that was revoked or suspended;
      5. (E) an affidavit containing a statement that the applicant has never been convicted of a felony or that it has been at least three years since the termination of the applicant's sentence, parole, mandatory supervision, or probation for a felony conviction;
      6. (F) three business association references;
      7. (G) the applicant's date of birth;
      8. (H) the applicant's federal tax identification number, if any;
      9. (I) the applicant's state sales tax number;
      10. (J) the applicant's social security number if the applicant is an individual;
      11. (K) each classification of license for which the form is being submitted; and
      12. (L) a legible copy of the applicant's driver license.

   2. (2) Corporate salvage vehicle dealer license. If a salvage vehicle dealer license applicant intends to engage in business through a corporation, the applicant must apply on a form prescribed by the department.

      1. (A) Form of application. The form must indicate the name of the corporation, as it appears on file with the secretary of state, be signed by the applicant, be accompanied by the application fee, and include:

         1. (i) the name, each business address, and each business telephone number of the corporation;
         2. (ii) the name under which the corporation will do business;
         3. (iii) the location, by number, street, and municipality, of each office from which the corporation will conduct business;
         4. (iv) the state of incorporation;
         5. (v) a statement indicating whether any employee, officer, or director has previously applied for a salvage vehicle dealer license under this section, the result of the previous application, and whether an employee, officer, or director has ever been the holder of a salvage vehicle dealer license that was revoked or suspended;
         6. (vi) an affidavit containing a statement that no officer or director has ever been convicted of a felony or that it has been at least three years since the termination of any officer or director's sentence, parole, mandatory supervision, or probation for a felony conviction;
         7. (vii) three business association references;
         8. (viii) the applicant's federal tax identification number, if any;
         9. (ix) the applicant's state sales tax number;
         10. (x) the legal name, address, date of birth, and social security number of each of the principal officers and directors of the corporation;
         11. (xi) a legible copy of the driver's license of each principal officer and director of the corporation; and
         12. (xii) each classification of license for which the form is being submitted.
      2. (B) Verification of corporate franchise taxes. At the time the application is submitted, the corporation must also provide verification that all corporate franchise taxes have been paid.

   3. (3) Partnership salvage vehicle dealer license. If a salvage vehicle dealer license applicant intends to engage in business through a partnership, the applicant must apply on a form prescribed by the department. The form must be signed by the applicant, be accompanied by the application fee, and include:

      1. (A) the name, each business address, and each business telephone number of the partnership;
      2. (B) the name under which the partnership will do business;
      3. (C) the location, by number, street, and municipality, of each office from which the partnership will conduct business;
      4. (D) a statement indicating whether an owner, partner, or employee has previously applied for a salvage vehicle dealer license under this section, the result of the previous application, and whether an owner, partner, or employee has ever been the holder of a salvage vehicle dealer license that was revoked or suspended;
      5. (E) an affidavit containing a statement that no owner or partner has ever been convicted of a felony or it has been at least three years since the termination of any owner or partner's sentence, parole, mandatory supervision, or probation for a felony conviction of each owner or partner;
      6. (F) three business association references;
      7. (G) the partnership's federal tax identification number, if any;
      8. (H) the partnership's state sales tax number;
      9. (I) the legal name, address, date of birth, and social security number of each owner and partner;
      10. (J) a legible copy of the driver's license of each owner or partner; and
      11. (K) each classification of license for which the form is being submitted.
3. (c) Fee. The fee for each salvage vehicle dealer license is $95.

Source Note:The provisions of this §217.184 adopted to be effective March 12, 2015, 40 TexReg 1096.