(a) A person may not sell an abusable volatile chemical at retail unless the person or the person's employer has, at the time of the sale, a valid volatile chemical sales permit for the location of the sale. A separate permit is required for each location at which an abusable volatile chemical is sold.
  (1) Prior to January 1, 2005, the term of all permits is one year and expires on the anniversary of the effective date, unless renewed. Effective January 1, 2005, the term of all licenses is two years. Some licenses will be renewed for a one-year term in 2005, in a manner to be determined by the department and two years thereafter; and
  (2) Texas Online Fees. The department is authorized to collect subscription and convenience fees, in amounts determined by the Texas Online Authority, to recover costs associated with processing permit applications specified under this subchapter through Texas Online, in accordance with the Texas Government Code, Chapter 2054, §2054.111 (relating to Use of Texas Online Project).
(b) To be eligible for the issuance or renewal of a volatile chemical sales permit, an applicant or permit holder must:
  (1) hold a valid sales tax permit that has been issued to the applicant;
  (2) complete and return an application form as required by the department under §205.56 of this title (relating to Permit Application), signing and dating the form attesting to the accuracy of all information contained therein;
  (3) pay to the department an application or a renewal fee for each location at which an abusable volatile chemical may be sold by the applicant as required by the department under §205.57 of this title (relating to Permit Fee).
(c) A permit is not valid if the permit holder has been convicted more than once in the preceding year of any offense that is committed:
  (1) at the location for which the permit is issued; and
  (2) under the Health and Safety Code, Chapter 485, §§485.031 - 485.033 (relating to Criminal Acts).
(d) In addition to the requirements in subsections (a) and (b) of this section, the following conditions shall be met by permit holders:
  (1) permit holder shall not sell or deliver abusable volatile chemicals to a person under 18 years of age;
  (2) permit holder must have the permit or a copy of the permit available for inspection at the location for which the permit is issued following the requirements of §205.59 of this title (relating to Permit Available for Inspection);
  (3) permit holder shall post a volatile chemical warning sign at the location for which the permit is issued following the requirements of §205.60 of this title (relating to Requirement to Post Warning Sign); and
  (4) permit holder that displays aerosol paint at the location for which the permit is issued or renewed shall restrict access to the aerosol paint following the requirements of §205.61 of this title (relating to Restriction of Access to Aerosol Paint).
(e) A permit may not be transferred to a new location or to a new owner.

Source Note: The provisions of this §205.54 adopted to be effective August 19, 2002, 27 TexReg 7532; amended to be effective January 1, 2005, 29 TexReg 11979