Section 57.126 - Discontinuation of Permitted Activities; Sale or Transfer of Permitted Facility(a) The department may order a permit holder in writing to cease possession, importation, exportation, sale, purchase, transportation, propagation, or culture of controlled exotic species until such time as clearly stated conditions are met and prescribe a disposition protocol in accordance with § 57.113(m) of this title (relating to General Provisions and Exceptions), if: (1) the department determines that there is a threat of escape, release, or discharge of controlled exotic species and/or potential threat to native species or ecosystems; or(2) the permit holder's permit, authorization, or exemption is revoked or suspended by the Texas Commission on Environmental Quality (TCEQ); or (3) the permit holder fails to renew a permit, authorization, or exemption issued by the TCEQ. (b) If a permit holder chooses to discontinue permitted activities involving controlled exotic species, the permit holder shall: (1) notify the department at least 14 days prior to permit expiration or expected date permitted activities will be discontinued;(2) lawfully sell, transfer, or destroy all remaining inventory of the species in possession prior to permit expiration or expected date upon which permitted activities will be discontinued; and(3) provide a final report to the department, if applicable, within 30 days following discontinuation of activities and in accordance with the provisions of § 57.125 of this title (relating to Reporting, Recordkeeping, and Notification Requirements).(c) If a permit holder intends to sell a facility containing controlled exotic species along with remaining inventory of the species in possession, the permit holder shall inform in the department in writing of intent to sell at least 14 days in advance of expected closing date and notify the department within 72 hours of finalizing the sale of the facility and provide the name, address, and phone number of the purchaser.(d) Transitional Operation. A permitted facility may continue to operate under the permit in effect for the facility following a change in ownership provided: (1) the facility is in compliance with the provisions of this subchapter;(2) the new owner submits an application for a controlled exotic species permit to the department in accordance with § 57.122 of this title (relating to Permit Application, Issuance, and Period of Validity); and(3) the new owner provides proof to the department that the necessary permits from the TCEQ as identified in § 57.122 of this title have been obtained or applications submitted in compliance with all applicable regulations; and(4) the department provides written approval of transitional operation until such time as the necessary wastewater and aquaculture permits are: (A) issued by the regulatory authority and the controlled exotic species permit is issued by the department; or(B) denied by the regulatory authority.31 Tex. Admin. Code § 57.126
The provisions of this §57.126 adopted to be effective January 2, 1997, 21 TexReg 12414; amended to be effective October 30, 2011, 36 TexReg 7339; amended to be effective June 12, 2013, 38 TexReg 3644; Adopted by Texas Register, Volume 46, Number 04, January 22, 2021, TexReg 0576, eff. 1/27/2021; Amended by Texas Register, Volume 46, Number 47, November 19, 2021, TexReg 7893, eff. 11/22/2021