Section 12.11 - Registration of Commercial Weighing and Measuring Devices(a) Registration Required. Except as provided by § RSA 12.13 of this chapter (relating to Devices Subject to Registration and Inspection; Exemptions), a person who intends to operate one or more devices for commercial transactions at a particular location shall, prior to using the devices for commercial transactions: (1) register the location where the devices are to be operated; and(2) provide the public notice of registration required by subsection (i) of this section.(b) Registration by Owner. Notwithstanding subsection (a) of this section, the owner of a device operated by another person may register, under the owner's name, the location where the device is operated, provided that all devices of the same type at that location are covered by the same registration. Both the person registering the location and the operator of the devices at that location are responsible for ensuring that the devices and their operation comply with the requirements of this chapter and Chapter 13 of the Code.(c) Procedure for Registration. The registration required by this section shall be obtained by: (1) submitting to the department a complete and accurate application form prescribed by the department, using the most recent version of the application form and declaring the number of devices to be operated at the location; and(2) remitting to the department the total fee for all devices to be operated at the location using the fee schedule in § RSA 12.12 of this chapter (relating to Fee Schedule for Commercial Weighing and Measuring Devices and Consumer Information Stickers).(d) Annual Registration Renewal Required. The registration required by this section shall be renewed annually by: (1) submitting to the department a complete and accurate registration renewal form prescribed by the department, using the most current version of the form and declaring any increase or decrease in the number of devices installed if not previously reported under subsection (e) of this section;(2) remitting to the department the total fee for all devices to be operated at the location, including any additional devices not previously reported, using the fee schedule in § RSA 12.12 of this chapter; and(3) including within the total remitted fee any late fee adjustments required by §12.024 of the Code.(e) Changes in the Number of Declared Devices at a Registered Location. (1) Increase in the Number of Devices. If the number of devices of the same type being operated at a currently registered location changes, such that the number of devices to be operated at that location is greater than the number of devices previously declared for that location, the person who registered that location shall, prior to using the additional devices for commercial transactions: (A) submit to the department a complete and accurate change of device form prescribed by the department, using the most recent version of the form and declaring the number of additional devices to be operated at that location; and(B) remit to the department the total fee for all additional devices to be operated using the fee schedule in § RSA 12.12 of this chapter.(2) Decrease in the Number of Installed Devices. If the number of devices of same type being operated at a currently registered location changes, such that the number of devices to be operated at that location is less than the number of devices previously declared for that location, the person who registered that location shall within 10 business days after any such device is removed submit to the department either a complete and accurate change of device form prescribed by the department or a registration renewal form, using the most recent version of either form and declaring the number of devices removed from that location. Fees previously remitted for registering a device subsequently removed will not be refunded, either in whole or in part.(f) Expiration of Registration. Registrations obtained under this section expire on the date printed on the certificate of registration. A registration that has been expired for less than one year may be renewed using the procedure provided in subsection (d) of this section. A registration that has been expired for one year or longer cannot be renewed and a new registration must be obtained using the procedure provided in subsection (c) of this section.(g) Registration Non-Transferable. A registration cannot be transferred to another person. If the person registering a location ceases to own or operate the devices at that location, the new owner or operator must register the location using the procedure in subsection (c) of this section.(h) Change of Business Identity. For purposes of this section, a change in the registrant's franchise tax identification number, taxpayer identification number, legal name, or dba name constitutes a change of owner or operator and a prohibited attempt to transfer a registration.(i) Public Notice of Registration Required. A person registering a location under this section shall prominently display at the location both the person's Weights and Measures Certificate of Registration and the required number of consumer information stickers in the manner provided by this subsection. (1) Weights and Measures Certificate of Registration.(A) Display of Original Certificate. The original certificate of registration issued by the department shall be prominently displayed within the main building, structure, or site at the registered location shown on the face of the certificate so as to, during regular business hours, be in plain sight of, legible to, and physically accessible to the average consumer of weighed or measured products sold or offered for sale at the registered location.(B) Display of Certificate Copy at Satellite Location. If the registered location contains a site for consumer transactions that is not directly attached to and a part of the main building or structure, a copy of the original certificate of registration shall be displayed at each such separate site so as to, during regular business hours, be in plain sight of, legible to, and physically accessible to the average consumer of weighed or measured products sold or offered for sale at the separate site.(C) Damaged, Destroyed, Lost, or Illegible Original Certificate or Copy. If an original or copy certificate becomes damaged, destroyed, lost, or otherwise illegible so that any part of the information on the certificate is no longer legible to the average consumer of weighed or measured products sold or offered for sale at the registered location, the original or copy shall be replaced as follows: (i) Replacement of Original. The person registering the location shall within 10 days, after the original certificate requires replacement as provided by this subsection or upon written notice from the department that a replacement is required, contact the department for a replacement certificate at phone number (877) 542-2474 or email address: License.Inquiry@TexasAgriculture.gov.(ii) Replacement of Copy. The person registering the location shall within 24 hours after a certificate copy requires replacement as provided by this subsection, or immediately upon written notice from the department that a replacement is required, replace the copy with another copy of the original.(2) Consumer Information Sticker. A person registering a location under this section shall prominently display a consumer information sticker at the location as follows: (A) Devices. A single consumer information sticker shall be placed on or near each device so as to be in plain sight of and legible to the average consumer accessing the device for any purpose or for whom transactions are to be conducted by the operator using the device.(B) Damaged, Destroyed, Lost, or Illegible Consumer Information Sticker. If a consumer information sticker becomes damaged, destroyed, lost, or otherwise illegible so that any part of the information on the sticker is no longer fully legible and in compliance with the requirements of this section, the sticker shall be replaced using the procedure in subparagraph (E) of this paragraph.(C) Obstruction of Device Operation Prohibited. A consumer information sticker shall not be placed directly on a device if such placement does, will, or may affect the accuracy, readability, or lawful operation of the device(D) Obtaining Consumer Information Stickers. Consumer information stickers will be issued via mail with the registration certificate, sufficient for the number of devices in operation at the registered location.(E) Obtaining Replacement Consumer Information Stickers. Replacement consumer information stickers necessary to comply with subparagraph (B) of this paragraph shall be obtained from the department in quantities of eight stickers per page by: (i) submitting to the department a complete and accurate replacement consumer information sticker request form prescribed by the department, using the most recent version of the form; and(ii) remitting to the department the total fee using the fee schedule in § RSA 12.12 of this chapter.4 Tex. Admin. Code § 12.11
The provisions of this §12.11 adopted to be effective September 2, 1996, 21 TexReg 7958; amended to be effective April 11, 2000, 25 TexReg 2991; amended to be effective September 1, 2011, 36 TexReg 4795; Amended by Texas Register, Volume 41, Number 03, January 15, 2016, TexReg 613, eff. 1/17/2016; Amended by Texas Register, Volume 43, Number 03, January 19, 2018, TexReg 0341, eff. 1/23/2018; Amended by Texas Register, Volume 45, Number 36, September 4, 2020, TexReg 6227, eff. 9/9/2020; Amended by Texas Register, Volume 48, Number 08, February 24, 2023, TexReg 1031, eff. 3/5/2023