(a) Unless the person is exempt from the license requirement, a person may not employ an individual who performs or offers to perform device maintenance activities unless the person holds a service company license issued by the department.
(b) The department may issue a license to a person who:
  (1) has available annually certified test standards meeting the specifications in NIST Handbook 105 series, for each class of license as follows:
    (A) Class 1. Scales, capacity 300 pounds or less: One 30-pound test kit, and additional test weights capable of testing a scale to 100% of its capacity.
    (B) Class 2. Scales, capacity more than 300 pounds but not more than 3,000 pounds: One 30-pound test kit, and additional test weights equal to 300 pounds or 25% of the capacity of the scale being tested, whichever is more.
    (C) Class 3. Scales, capacity more than 3,000 pounds but not more than 40,000 pounds: Test weights equal to 1,000 pounds or 12.5% of the capacity of the scale being tested, whichever is more, and correction weights in sizes no larger than one-half the minimum graduation of any scale to be tested.
    (D) Class 4. Scales, capacity more than 40,000 pounds: Test weights equal to 10,000 pounds or 12.5% of the capacity of the scale being tested, whichever is more, and correction weights in sizes no larger than one-half the minimum graduation of any scale to be tested.
    (E) Class 7. Liquified petroleum gas (LPG) measuring devices: LPG prover.
  (2) has available the latest editions of NIST Handbook 44 and this chapter.

Source Note: The provisions of this §12.40 adopted to be effective September 2, 1996, 21 TexReg 7959; amended to be effective April 23, 1998, 23 TexReg 3822; amended to be effective April 11, 2000, 25 TexReg 2991; amended to be effective November 5, 2001, 26 TexReg 8792; amended to be effective July 1, 2012, 37 TexReg 4589; amended to be effective December 16, 2013, 38 TexReg 9009; amended to be effective September 9, 2020, 45 TexReg 6227; amended to be effective March 5, 2023, 48 TexReg 1030