# 25 Tex. Admin. Code § 229.440: 25 TAC § 229.440. Refusal, Cancellation, Suspension, or Revocation of License > Texas · Regulations · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T25_P1_C229_S229_440 ## Section - **Citation:** 25 Tex. Admin. Code § 229.440 - **Heading:** 25 TAC § 229.440. Refusal, Cancellation, Suspension, or Revocation of License - **Jurisdiction:** Texas - **Kind:** Regulations - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** Texas Administrative Code / Title 25 HEALTH SERVICES / Part 1 DEPARTMENT OF STATE HEALTH SERVICES / Chapter 229 FOOD AND DRUG / 25 TAC § 229.440 ## Text (a) The commissioner may refuse an application or may suspend or revoke a license if the applicant or licensee: (1) has been convicted of a felony or misdemeanor that involves moral turpitude; (2) is an association, partnership, or corporation and the managing officer has been convicted of a felony or misdemeanor that involves moral turpitude; (3) has been convicted in a state or federal court of the illegal use, sale, or transportation of intoxicating liquors, narcotic drugs, barbiturates, amphetamines, desoxyephedrine, their compounds or derivatives, or any other dangerous or habit-forming drugs; (4) is an association, partnership, or corporation and the managing officer has been convicted in state or federal court of the illegal use, sale, or transportation of intoxicating liquors, narcotic drugs, barbiturates, amphetamines, desoxyephedrine, their compounds or derivatives, or any other dangerous or habit-forming drugs; (5) has violated any of the provisions of the Texas Food, Drug, and Cosmetic Act, Health and Safety Code, Chapter 431 (Act) or these sections; (6) has failed to pay a license fee or a renewal fee for a license; or (7) has obtained or attempted to obtain a license by fraud or deception. (b) The commissioner may refuse an application for a license or may suspend or revoke a license if the commissioner determines from evidence presented during a hearing that the applicant or licensee: (1) has violated the Health and Safety Code, §431.021(l)(3), concerning the counterfeiting of a drug or the sale or holding for sale of a counterfeit drug; (2) has violated the Health and Safety Code, Chapter 481 (Texas Controlled Substance Act), or the Health and Safety Code, Chapter 483 (Dangerous Drugs Act); or (3) has violated the rules of the director of the Department of Public Safety, including being responsible for a significant discrepancy in the records that state law requires the applicant or licensee to maintain. (c) The department may, after providing opportunity for hearing, refuse to license a distributor or manufacturer of devices, or may suspend or revoke a license for violations of the requirements in these sections or for any of the reasons described in the Act. (d) Any hearings for the refusal, revocation or suspension of a license are governed by §§1.21, 1.23, 1.25, and 1.27 of this title (relating to Formal Hearing Procedures). (e) A license issued under these sections shall be returned to the department if the device distributor's or manufacturer's place of business: (1) ceases business or otherwise ceases operation on a permanent basis; (2) relocates; or (3) changes name or ownership. For a corporation, an ownership change is deemed to have occurred, resulting in the necessity to return the license to the department, when 5.0% or more of the share of stock of a corporation is transferred from one person to another. ## Nearby sections - [25 Tex. Admin. Code § 229.431 25 TAC § 229.431. Purpose](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T25_P1_C229_S229_431.md) - [25 Tex. Admin. Code § 229.432 25 TAC § 229.432. Applicable Laws and Regulations](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T25_P1_C229_S229_432.md) - [25 Tex. Admin. Code § 229.433 25 TAC § 229.433. Definitions](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T25_P1_C229_S229_433.md) - [25 Tex. Admin. Code § 229.434 25 TAC § 229.434. Exemptions](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T25_P1_C229_S229_434.md) - [25 Tex. Admin. Code § 229.435 25 TAC § 229.435. Licensure Requirements](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T25_P1_C229_S229_435.md) - [25 Tex. Admin. Code § 229.436 25 TAC § 229.436. Licensing Procedures](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T25_P1_C229_S229_436.md) - [25 Tex. Admin. Code § 229.437 25 TAC § 229.437. Report of Changes](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T25_P1_C229_S229_437.md) - [25 Tex. Admin. Code § 229.439 25 TAC § 229.439. Licensure Fees](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T25_P1_C229_S229_439.md) - [25 Tex. Admin. Code § 229.440 25 TAC § 229.440. Refusal, Cancellation, Suspension, or Revocation of License](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T25_P1_C229_S229_440.md) - [25 Tex. Admin. Code § 229.441 25 TAC § 229.441. Minimum Standards for Licensure](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T25_P1_C229_S229_441.md) - [25 Tex. Admin. Code § 229.442 25 TAC § 229.442. Advertising](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T25_P1_C229_S229_442.md) - [25 Tex. Admin. Code § 229.443 25 TAC § 229.443. Enforcement and Penalties](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T25_P1_C229_S229_443.md) - [25 Tex. Admin. Code § 229.444 25 TAC § 229.444. Device Distributors and Manufacturers Advisory Committee](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T25_P1_C229_S229_444.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T25_P1_C229_S229_440. Check the current official text before relying on it. Not legal advice.