SECTION 303.82. Signature of Applicant

The application must be signed as follows.

(1) If the applicant is an individual, the application must be signed by the applicant or the applicant's duly appointed agent. An agent must provide written evidence with the application of his or her authority to represent the applicant. If the applicant is an individual doing business under an assumed name, the applicant must attach to the application an assumed name certificate from the county clerk of the county in which the principal place of business is located.

(2) A joint application must be signed by each applicant or each applicant's duly authorized agent, with written evidence of such agency to be submitted with the application. If land is owned by both husband and wife, each must sign the application. Joint applicants must select one among them to act for and represent the others in pursuing the application with the commission, with written evidence of such representation to be submitted with the application.

(3) If the application is by a partnership, the application must be signed by one of the general partners. If the applicant is a partnership doing business under an assumed name, it must attach to the application an assumed name certificate from the county clerk of the county in which the principal place of business is located.

(4) If the applicant is an estate or guardianship, the application must be signed by the duly appointed guardian or representative of the estate, and a current copy of the letters issued by the court must be attached to the application.

(5) If the applicant is a corporation, public district, county, municipality, or other corporate entity, the application must be signed by a duly authorized official. Written evidence in the form of by-laws, charters, or resolutions which specify the authority of the official to take such action must be submitted. A corporation may file a corporate affidavit as evidence of the official's authority to sign.

(6) If the applicant is acting as trustee for another, the applicant must sign as trustee, and in the application must disclose the nature of the trust agreement and give the name and current address of each trust beneficiary.

Source Note: The provisions of this §303.82 adopted to be effective October 26, 2006, 31 TexReg 8716