EXEMPTIONS FROM LICENSE REQUIREMENTS

(a) A person is not required to hold a license issued under this subchapter if the person: (1) is a department employee who is performing device maintenance activities in the scope of the person's duties for the department; (2) is the owner or operator of a motor fuel metering device or an employee of the owner or operator of a motor fuel metering device and the person: (A) completely removes the motor fuel metering device from the location at which the device was installed, including a device subject to an out-of-order tag, stop-sale order, security seal, lock, condemnation notice, or other item placed on the device by the department to prohibit use of the device; and (B) notifies the department of the motor fuel metering device's removal not later than the 10th day after the date the device was removed in the manner provided by commission rule; or (3) performs device maintenance activities only on a motor fuel metering device that is: (A) exempt from the inspection and registration requirements of Sections 2310.102 and 2310.103 under commission rules; and (B) not required to be inspected by other commission rules. (b) The department is not required to hold a license issued under this subchapter or Subchapter I, Chapter 13, Agriculture Code.