By Kuempel H.B. No. 2007
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of liquefied petroleum gas.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 113.002(13), Natural Resources Code, is
1-5 amended to read as follows:
1-6 (13) "Person" means any individual, partnership, firm,
1-7 corporation, association, or any other business entity, a state
1-8 agency or institution, county, municipality, school district, or
1-9 other governmental subdivision.
1-10 SECTION 2. Section 113.003(a), Natural Resources Code, is
1-11 amended to read as follows:
1-12 (a) None of the provisions of this chapter apply to:
1-13 (1) the production, refining, or manufacture of LPG;
1-14 (2) the storage, sale, or transportation of LPG by
1-15 pipeline or railroad tank car by a pipeline company, producer,
1-16 refiner, or manufacturer;
1-17 (3) equipment used by a pipeline company, producer,
1-18 refiner, or manufacturer in a producing, refining, or manufacturing
1-19 process or in the storage, sale, or transportation by pipeline or
1-20 railroad tank car;
1-21 (4) any deliveries of LPG to another person at the
1-22 place of production, refining, or manufacturing;
1-23 (5) underground storage facilities other than LP-gas
2-1 containers designed for underground use; or
2-2 (6) any LP-gas container having a water capacity of
2-3 16.4 ounces or less, or to any LP-gas piping system or appliance
2-4 attached or connected to such container<; or>
2-5 <(7) an original manufacturer of a new motor vehicle
2-6 powered by LPG or a contractor of such a manufacturer who produces
2-7 a new LPG-powered vehicle>.
2-8 SECTION 3. Section 113.081, Natural Resources Code, is
2-9 amended by adding Subsections (f) and (g) to read as follows:
2-10 (f) No license is required by an original manufacturer of a
2-11 new motor vehicle powered by LPG or subcontractor of such a
2-12 manufacturer who produces a new LPG-powered vehicle for the
2-13 manufacturer.
2-14 (g) The commission by rule may establish reasonable
2-15 conditions for licensing and exemptions from license requirements
2-16 for a state agency or institution, county, municipality, school
2-17 district, or other governmental subdivision.
2-18 SECTION 4. Section 113.082, Natural Resources Code, is
2-19 amended to read as follows:
2-20 Sec. 113.082. Categories of Licensee; Fees. A prospective
2-21 licensee in LPG may apply to the LPG division for a license to
2-22 engage in any one or more of the following categories:
2-23 (A) manufacturers/fabricators: the manufacture,
2-24 fabrication, assembly, repair, installation, subframing, testing,
2-25 and sale of LPG containers, including LPG motor or mobile fuel
3-1 containers and systems, and the repair and installation of
3-2 transport and transfer systems; and the category "A" application
3-3 and original license fee is an amount not to exceed $1,000 as
3-4 determined by the commission; the annual renewal license fee is an
3-5 amount not to exceed $600 as determined by the commission;
3-6 (B) transport outfitters: the subframing, testing,
3-7 and sale of LPG transport containers, the testing of LPG storage
3-8 containers, the installation, testing, and sale of LPG motor or
3-9 mobile fuel containers and systems, and the installation and repair
3-10 of transport systems, and motor or mobile fuel systems; the
3-11 category "B" application and original license fee is an amount not
3-12 to exceed $400 as determined by the commission; the annual renewal
3-13 license fee is an amount not to exceed $200 as determined by the
3-14 commission;
3-15 (C) carriers: the transportation of LPG by transport,
3-16 including the loading and unloading of LPG, and the installation
3-17 and repair of transport systems; the category "C" application and
3-18 original license fee is an amount not to exceed $1,000 as
3-19 determined by the commission; the annual renewal license fee is an
3-20 amount not to exceed $300 as determined by the commission;
3-21 (D) general installers and repairmen: the sale,
3-22 service, and installation of containers, excluding motor fuel
3-23 containers, and the service, installation, and repair of piping,
3-24 certain appliances as defined by rule, excluding recreational
3-25 vehicle appliances and LPG systems, excluding motor fuel and
4-1 recreational vehicle systems; the category "D" application and
4-2 original license fee is an amount not to exceed $100 as determined
4-3 by the commission; the annual renewal license fee is an amount not
4-4 to exceed $70 as determined by the commission;
4-5 (E) retail and wholesale dealers: the storage, sale,
4-6 transportation, and distribution of LPG at retail and wholesale,
4-7 and all other activities included in this section except the
4-8 manufacture, fabrication, assembly, repair, subframing, and testing
4-9 of LPG containers; the category "E" application and original
4-10 license fee is an amount not to exceed $750 as determined by the
4-11 commission; the annual renewal license fee is an amount not to
4-12 exceed $300 as determined by the commission;
4-13 (F) cylinder exchanges: the operation of a
4-14 cylinder-filling and container exchange dealership, including
4-15 cylinder filling, the sale of LPG in cylinders, and the replacement
4-16 of a cylinder valve; the category "F" application and original
4-17 license fee is an amount not to exceed $100 as determined by the
4-18 commission; the annual renewal license fee is an amount not to
4-19 exceed $50 as determined by the commission;
4-20 (G) service station: the operation of an LPG service
4-21 station filling ASME containers designed for motor and mobile fuel;
4-22 the category "G" application and original license fee is an amount
4-23 not to exceed $100 as determined by the commission; the annual
4-24 renewal license fee is an amount not to exceed $50 as determined by
4-25 the commission;
5-1 (H) cylinder dealers: the transportation and sale of
5-2 LPG in cylinders; the category "H" application and original license
5-3 fee is an amount not to exceed $1,000 as determined by the
5-4 commission; the annual renewal license fee is an amount not to
5-5 exceed $300 as determined by the commission;
5-6 (I) service station and cylinder exchanges: any
5-7 service station and cylinder activity set out in categories "F" and
5-8 "G" of this section; the category "I" application and original
5-9 license fee is an amount not to exceed $150 as determined by the
5-10 commission; the annual renewal license fee is an amount not to
5-11 exceed $70 as determined by the commission;
5-12 (J) service station and cylinder dealerships: the
5-13 operation of a cylinder-filling and container-exchange dealership,
5-14 including cylinder filling and the sale, transportation,
5-15 installation, and connection of LPG in cylinders, the replacement
5-16 of cylinder valves, and the operation of an LPG service station as
5-17 set out in category "G"; the category "J" application and original
5-18 license fee is an amount not to exceed $1,000 as determined by the
5-19 commission; the annual renewal license fee is an amount not to
5-20 exceed $300 as determined by the commission;
5-21 (K) distribution system: the sale and distribution of
5-22 LPG through mains or pipes and the installation and repair of LPG
5-23 systems; the category "K" application and original license fee is
5-24 an amount not to exceed $1,000 as determined by the commission; the
5-25 annual renewal license fee is an amount not to exceed $300 as
6-1 determined by the commission;
6-2 (L) carburetion: the sale and installation of LPG
6-3 motor or mobile fuel containers, and the sale and installation of
6-4 LPG motor fuel systems; application and original license fee is an
6-5 amount not to exceed $100 as determined by the commission; annual
6-6 renewal license fee is an amount not to exceed $50 as determined by
6-7 the commission;
6-8 (M) recreational vehicle installers and repairmen:
6-9 the sale, service, and installation of recreational vehicle
6-10 containers, and the installation, repair, and service of
6-11 recreational vehicle appliances, piping, and LPG systems, including
6-12 recreational vehicle motor or mobile fuel systems and containers;
6-13 the category "M" application and original license fee is an amount
6-14 not to exceed $100 as determined by the commission; the annual
6-15 renewal license fee is an amount not to exceed $70 as determined by
6-16 the commission;
6-17 (N) manufactured housing installers and repairmen:
6-18 the service and installation of containers that supply fuel to
6-19 manufactured housing, and the installation, repair, and service of
6-20 appliances and piping systems for manufactured housing; the
6-21 category "N" application and original license fee is an amount not
6-22 to exceed $100 as determined by the commission; the annual renewal
6-23 license fee is an amount not to exceed $70 as determined by the
6-24 commission;
6-25 (O) testing laboratory: the testing of an LP-gas
7-1 container, LP-gas motor fuel systems or mobile fuel systems,
7-2 transfer systems, and transport systems for the purpose of
7-3 determining the safety of the container or systems for LP-gas
7-4 service, including the necessary installation, disconnection,
7-5 reconnecting, testing, and repair <and reconnecting> of LPG motor
7-6 fuel systems or mobile fuel systems, transfer systems, and
7-7 transport systems involved in the testing of containers; the<.
7-8 The> category "O" application and original license fee is an amount
7-9 not to exceed $400 as determined by the commission; the annual
7-10 renewal license fee is an amount not to exceed $100 as determined
7-11 by the commission. A person registered under Section 113.135 on
7-12 the effective date of this subsection has one year from the
7-13 effective date of this subsection to apply for a license under this
7-14 section.
7-15 SECTION 5. Section 113.093(g), Natural Resources Code, is
7-16 amended to read as follows:
7-17 (g) At least 15 <30> days before the expiration of a
7-18 person's license the commission shall notify the person in writing
7-19 of the impending license expiration and shall attempt to obtain
7-20 from the person a signed receipt confirming receipt of the notice.
7-21 SECTION 6. Section 113.097, Natural Resources Code, is
7-22 amended to read as follows:
7-23 Sec. 113.097. INSURANCE REQUIREMENT. (a) The commission
7-24 shall not issue a license authorizing activities under Section
7-25 113.082 of this code or renew an existing license unless the
8-1 applicant for license or license renewal provides proof of required
8-2 insurance coverage with an insurance carrier authorized to do
8-3 business in this state as evidenced by a certificate of authority
8-4 having been issued to the carrier by the State Board of Insurance
8-5 or, if the applicant is unable to obtain coverage from such a
8-6 carrier, provides, on approval of the commission, proof of required
8-7 insurance coverage issued by a surplus lines insurer that meets the
8-8 requirements of Article 1.14-2, Insurance Code, and rules adopted
8-9 by the State Board of Insurance under that article.
8-10 (b) A licensee shall not perform any licensed activity under
8-11 Section 113.082 of this code unless the insurance coverage required
8-12 by this chapter is in effect.
8-13 (c) Except as provided in Section 113.099 of this code, the
8-14 types and amounts of insurance provided in Subsections (d) through
8-15 (i) <(g)> of this section are required while engaged in any of the
8-16 activities set forth in Section 113.082 of this code or any
8-17 activity incidental thereto.
8-18 (d) Each <A> category "C," "E," "H," or "J" licensee must
8-19 carry motor vehicle bodily injury and property damage liability
8-20 coverage on each motor vehicle, including trailers and
8-21 semitrailers, used to transport LP-gas. The commission shall
8-22 establish by rule a reasonable amount of coverage to be maintained,
8-23 except that coverage shall not be less than the amounts required as
8-24 proof of financial responsibility under the Texas Motor Vehicle
8-25 Safety-Responsibility Act, as amended (Article 6701h, Vernon's
9-1 Texas Civil Statutes).
9-2 (e) All licensees must carry general liability coverage in a
9-3 reasonable amount, based on the type or types of licensed
9-4 activities, which shall be established by commission rule.
9-5 (f) All licensees must acquire and maintain appropriate
9-6 <carry> workers' compensation<,> or coverage for its employees
9-7 under policies of work-related accident, disability, and health
9-8 insurance, including coverage for death benefits, from an insurance
9-9 carrier authorized to provide coverage in this state, in the
9-10 amounts required by the commission <including employer's liability
9-11 coverage>.
9-12 (g) Notwithstanding Subsection (f) of this section, a state
9-13 agency or institution, county, municipality, school district, or
9-14 other governmental subdivision may submit appropriate evidence of
9-15 workers' compensation coverage by self-insurance if permitted by
9-16 the state workers' compensation act. The commission may require
9-17 forms of evidence of coverage for this purpose other than that
9-18 required under Section 113.098 of this code.
9-19 (h) A category "A," "B," "C," "E," or "O" licensee must
9-20 carry completed operations and products liability insurance in a
9-21 reasonable amount, based on the type or types of licensed
9-22 activities, which shall be established by commission rule.
9-23 (i) The commission by rule may exempt or provide reasonable
9-24 alternatives to the insurance requirements set forth in Subsections
9-25 (a) through (e) and (h) of this section for a state agency or
10-1 institution, county, municipality, school district, or other
10-2 governmental subdivision.
10-3 SECTION 7. Section 113.099(c), Natural Resources Code, is
10-4 amended to read as follows:
10-5 (c) A licensee or applicant for license that does not employ
10-6 or contemplate the hiring of an employee or employees to be engaged
10-7 in LPG-related activities in this state may make and file with the
10-8 division a statement to that effect in lieu of filing evidence of
10-9 coverage <a certificate> of workers' compensation or other
10-10 alternative form of coverage as provided in this subchapter
10-11 <insurance including employer's liability insurance>.
10-12 SECTION 8. Section 113.131(d), Natural Resources Code, is
10-13 amended to read as follows:
10-14 (d) The commission, by rule, shall establish reasonable,
10-15 nonrefundable registration and transfer fees for each LP-gas cargo
10-16 trailer, semitrailer, bobtail, and cylinder delivery unit
10-17 registered or transferred.
10-18 (1) The registration fee established by the commission
10-19 shall not be less than $100, nor more than $300.
10-20 (2) The transfer fee established by the commission
10-21 shall not be less than $25, nor more than $100. <The nonrefundable
10-22 registration fee for each unit is $150 a year for any LPG cargo
10-23 trailer or semitrailer and $100 a year for any bobtail or
10-24 cylinder-delivery unit.>
10-25 SECTION 9. This Act takes effect on September 1, 1993.
11-1 SECTION 10. The importance of this legislation and the
11-2 crowded condition of the calendars in both houses create an
11-3 emergency and an imperative public necessity that the
11-4 constitutional rule requiring bills to be read on three several
11-5 days in each house be suspended, and this rule is hereby suspended.