By Kuempel H.B. No. 2007
Substitute the following for H.B. No. 2007:
By Kuempel C.S.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. 113.002(13), Natural Resources Code, is amended
1-5 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)(7), Natural Resources Code, is
1-11 amended to read as follows:
1-12 <(7) No license is required by an original
1-13 manufacturer of a new motor vehicle powered by LPG or a contractor
1-14 of such a manufacturer who produces a new LPG powered vehicle.>
1-15 SECTION 3. Section 113.081, Natural Resources Code, is
1-16 amended by adding Subsections (f) and (g) to read as follows:
1-17 (f) No license is required by an original manufacturer of a
1-18 new motor vehicle powered by LPG or subcontractor of such a
1-19 manufacturer who produces a new LPG powered vehicle for the
1-20 manufacturer.
1-21 (g) The commission by rule may establish reasonable
1-22 conditions for licensing and exemptions from license requirements
1-23 for a state agency or institution, county, municipality, school
2-1 district, or other governmental subdivision.
2-2 SECTION 4. Section 113.082(O), Natural Resources Code, is
2-3 amended to read as follows:
2-4 (O) testing laboratory: the testing of an LP-gas container,
2-5 LP-gas motor fuel systems or mobile fuel systems, transfer systems,
2-6 and transport systems for the purpose of determining the safety of
2-7 the container or systems for LP-gas service, including the
2-8 necessary installation, disconnection, reconnecting, testing, and
2-9 repair <and reconnecting> of LPG motor fuel systems or mobile fuel
2-10 systems, transfer systems, and transport systems involved in the
2-11 testing of containers; the<. The> category "O" application and
2-12 original license fee is an amount not to exceed $400 as determined
2-13 by the commission; the annual renewal license fee is an amount not
2-14 to exceed $100 as determined by the commission. A person
2-15 registered under Section 113.135 on the effective date of this
2-16 subsection has one year from the effective date of this subsection
2-17 to apply for a license under this section.
2-18 SECTION 5. Section 113.093(g), Natural Resources Code, is
2-19 amended to read as follows:
2-20 (g) At least 15 <30> days before the expiration of a
2-21 person's license the commission shall notify the person in writing
2-22 of the impending license expiration and shall attempt to obtain
2-23 from the person a signed receipt confirming receipt of the notice.
2-24 SECTION 6. Section 113.097, Natural Resources Code, is
2-25 amended to read as follows:
3-1 (a) The commission shall not issue a license authorizing
3-2 activities under Section 113.082 of this code or renew an existing
3-3 license unless the applicant for license or license renewal
3-4 provides proof of required insurance coverage with an insurance
3-5 carrier authorized to do business in this state as evidenced by a
3-6 certificate of authority having been issued to the carrier by the
3-7 State Board of Insurance or, if the applicant is unable to obtain
3-8 coverage from such a carrier, provides, on approval of the
3-9 commission, proof of required insurance coverage issued by a
3-10 surplus lines insurer that meets the requirements of Article
3-11 1.14-2, Insurance Code, and rules adopted by the State Board of
3-12 Insurance under that article.
3-13 (b) A licensee shall not perform any licensed activity under
3-14 Section 113.082 of this code unless the insurance coverage required
3-15 by this chapter is in effect.
3-16 (c) Except as provided in Section 113.099 of this code, the
3-17 types and amounts of insurance provided in Subsections (d) through
3-18 (i<g>) of this section are required while engaged in any of the
3-19 activities set forth in Section 113.082 of this code or any
3-20 activity incidental thereto.
3-21 (d) Each <A> category "C," "E," "H," or "J" licensee must
3-22 carry motor vehicle bodily injury and property damage liability
3-23 coverage on each motor vehicle, including trailers and
3-24 semitrailers, used to transport LP-gas. The commission shall
3-25 establish by rule a reasonable amount of coverage to be maintained,
4-1 except that coverage shall not be less than the amounts required as
4-2 proof of financial responsibility under the Texas Motor Vehicle
4-3 Safety-Responsibility Act, as amended (Article 6701h, Vernon's
4-4 Texas Civil Statutes).
4-5 (e) All licensees must carry general liability coverage in a
4-6 reasonable amount, based on the type or types of licensed
4-7 activities, which shall be established by commission rule.
4-8 (f) All licensees must acquire and maintain appropriate
4-9 <carry> workers' compensation<,> or coverage for its employees
4-10 under policies of work related accident, disability and health
4-11 insurance, including coverage for death benefits, from an insurance
4-12 carrier authorized to provide coverage in this state, in the
4-13 amounts required by the commission <including employer's liability
4-14 coverage>.
4-15 (g) Notwithstanding Subsection (f) of this section, a state
4-16 agency or institution, county, municipality, school district, or
4-17 other governmental subdivision may submit appropriate evidence of
4-18 workers' compensation coverage by self-insurance if permitted by
4-19 the state workers' compensation act. The commission may require
4-20 forms of evidence of coverage for this purpose other than that
4-21 required under Section 113.098 of this chapter.
4-22 (h) <(g)> A category "A," "B," "C," "E," or "O" licensee
4-23 must carry completed operations and products liability insurance in
4-24 a reasonable amount, based on the type or types of licensed
4-25 activities, which shall be established by commission rule.
5-1 (i) The commission by rule may exempt or provide reasonable
5-2 alternatives to the insurance requirements set forth in Subsections
5-3 (a) through (e) and (h) of this section for a state agency or
5-4 institution, county, municipality, school district, or other
5-5 governmental subdivision.
5-6 SECTION 7. Section 113.099(c), Natural Resources Code, is
5-7 amended to read as follows:
5-8 (c) A licensee or applicant for license that does not employ
5-9 or contemplate the hiring of an employee or employees to be engaged
5-10 in LPG-related activities in this state may make and file with the
5-11 division a statement to that effect in lieu of filing evidence of
5-12 coverage <a certificate> of workers' compensation or other
5-13 alternative form of coverage as provided in this subchapter
5-14 <insurance including employer's liability insurance>.
5-15 SECTION 8. Section 113.131(d), Natural Resources Code, is
5-16 amended to read as follows:
5-17 (d) The commission, by rule, shall establish reasonable,
5-18 non-refundable registration and transfer fees for each LP-gas cargo
5-19 trailer, semitrailer, bobtail, and cylinder delivery unit
5-20 registered or transferred.
5-21 (1) The registration fee established by the commission
5-22 shall not be less than $100, nor more than $300.
5-23 (2) The transfer fee established by the commission
5-24 shall not be less than $25, nor more than $100. <The nonrefundable
5-25 registration fee for each unit is $150 a year for any LPG cargo
6-1 trailer or semitrailer and $100 a year for any bobtail or
6-2 cylinder-delivery unit.>
6-3 SECTION 9. This Act takes effect on September 1, 1993.
6-4 SECTION 10. The importance of this legislation and the
6-5 crowded condition of the calendars in both houses create an
6-6 emergency and an imperative public necessity that the
6-7 constitutional rule requiring bills to be read on three several
6-8 days in each house be suspended, and this rule is hereby suspended.