SECTION 140.38. Renewal of License or Registration

(a) The purpose of this section is to set out the rules governing license or registration renewal.

(b) When issued, a license is valid for two years, as determined by the department, commencing on the date of issuance of the initial license. All registrations associated with the license shall expire on the same date as the license.

(c) A licensee or registrant must renew the license or registration biennially. The renewal date of a license shall be the last day of the month in which the license was originally issued.

(d) At least 30 days prior to the expiration date of a license or registration, the department shall send a notice of renewal to the licensee's or registrant's address in the department's records. The notice shall inform the licensee or registrant of the impending expiration and of the procedures for renewal.

(e) The renewal process shall require the applicant to provide the preferred mailing address and the disclosure of misdemeanor or felony convictions. If the applicant is a corporation or other business entity, evidence of a general liability insurance policy on a certificate of insurance form prescribed by the department and countersigned by an insurance agent licensed in this state or a certificate of insurance for surplus lines coverage obtained under Insurance Code, Article 1.14-2, through a licensed Texas surplus lines agent resident in this state, must also be submitted.

(f) A licensee or registrant has applied for renewal of the license or registration when the licensee or registrant has mailed the fully completed renewal form, the required renewal fee, and the certificate of insurance (if required) to the department prior to the expiration date of the license or registration. The postmark date shall be considered the date of mailing. If renewing electronically, the licensee or registrant has applied for renewal of the license or registration upon successful completion of the online renewal process.

(g) After review of the renewal application, the department shall issue a renewed license or registration to a licensee or registrant who has met all requirements for renewal.

(h) Each licensee or registrant is responsible for renewing the license or registration before the expiration date and shall not be excused from paying additional fees or penalties. Failure to receive notification from the department prior to the expiration date of the license or registration shall not excuse failure to file for timely renewal.

(i) A licensee or registrant whose license or registration has expired may not provide, sell, or install personal emergency response system services in this state.

(j) A person whose license or registration has been expired for 90 days or less may renew the license or registration by paying to the department a renewal fee that is equal to one and one-half times the normally required renewal fee.

(k) A person whose license or registration has been expired for more than 90 days but less than one year may renew the license or registration by paying to the department a renewal fee that is equal to two times the normally required renewal fee.

(l) A person whose license or registration has been expired for one year or more may not renew the license or registration. The person may obtain a new license or registration by complying with the requirements and procedures for an original license or registration.

(m) A licensee or registrant whose check for a licensing or registration fee is not honored by their financial institution shall remit to the department a money order or cashier's check within 30 days of the date of the licensee's or registrant's permit holder's receipt of the department's notice. If proper payment is not received, the license or registration shall not be renewed. If a renewed license or registration has already been issued, it shall be ineffective.

(n) If a licensee or registrant fails to timely renew his or her license or registration because the licensee or registrant is or was on active duty with the armed forces of the United States of America serving outside the State of Texas, the licensee or registrant may renew the license or registration pursuant to this subsection.

(1) Renewal of the license or registration may be requested by the licensee or registrant, the licensee's or registrant's spouse, or an individual having power of attorney from the licensee or registrant. The renewal form shall include a current address and telephone number for the individual requesting the renewal.

(2) Renewal may be requested before or after expiration of the license or registration. Licensees or registrants who renew in accordance with this subsection shall be excused from paying late fees and penalties.

(3) A copy of the official orders or other official military documentation showing that the licensee or registrant is or was on active duty serving outside the State of Texas shall be filed with the department along with the renewal form.

(4) A copy of the power of attorney from the licensee or registrant shall be filed with the department along with the renewal form if the individual having the power of attorney executes any of the documents required in this subsection.

(o) The department shall not renew a license or registration if renewal is prohibited by the Education Code, §57.491 (relating to Loan Default Ground for Nonrenewal of Professional or Occupational License).

(p) The department shall not renew a license or registration if renewal is prohibited by a court order or attorney general's order issued pursuant to the Family Code, Chapter 232 (relating to Suspension of License), for failure to pay child support or failure to comply with a court order providing for the possession of or access to a child.

Source Note: The provisions of this §140.38 adopted to be effective February 1, 2007, 32 TexReg 314