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 113.003(a)(7), Natural Resources Code, is
1-5 amended to read as follows:
1-6 <(7) an original manufacturer of a new motor vehicle
1-7 powered by LPG or a contractor of such a manufacturer who produces
1-8 a new LPG powered vehicle.>
1-9 SECTION 2. Section 113.081, Natural Resources Code, is
1-10 amended by adding Subsection (f) to read as follows:
1-11 (f) an original manufacturer of a new motor vehicle powered
1-12 by LPG or subcontractor of such a manufacturer who produces a new
1-13 LPG powered vehicle for the manufacturer.
1-14 SECTION 3. Section 113.082(O), Natural Resources Code, is
1-15 amended to read as follows:
1-16 (O) Testing laboratory: the testing of an LP-gas container,
1-17 LP-gas motor fuel systems or mobile fuel systems, transfer
1-18 systems, and transport systems for the purpose of determining the
1-19 safety of the container or systems for LP-gas service, including
1-20 the necessary installation, disconnection, reconnecting, testing,
1-21 and repair <and reconnecting> of LPG motor fuel systems or mobile
1-22 fuel systems, transfer systems, and transport systems involved in
1-23 the testing of containers; the<. The> category "O" application and
2-1 original license fee is an amount not to exceed $400 as determined
2-2 by the commission; the annual renewal license fee is an amount not
2-3 to exceed $100 as determined by the commission. A person
2-4 registered under Section 113.135 on the effective date of this
2-5 subsection has one year from the effective date of this subsection
2-6 to apply for a license under this section.
2-7 SECTION 4. Section 113.093(g), Natural Resources Code, is
2-8 amended to read as follows:
2-9 (g) At least 15 <30> days before the expiration of a
2-10 person's license the commission shall notify the person in writing
2-11 of the impending license expiration and shall attempt to obtain
2-12 from the person a signed receipt confirming receipt of the notice.
2-13 SECTION 5. Section 113.097(d), (f), and (g), Natural
2-14 Resources Code, is amended as follows:
2-15 (d) Each (A) category "C," "E," "H," or "J" licensee must
2-16 carry motor vehicle bodily injury and property damage liability
2-17 coverage on each motor vehicle, including trailers and
2-18 semitrailers, used to transport LP-gas. The commission shall
2-19 establish by rule a reasonable amount of coverage to be maintained,
2-20 except that coverage shall not be less than the amounts required as
2-21 proof of financial responsibility under the Texas Motor Vehicle
2-22 Safety-Responsibility Act, as amended (Article 6701h, Vernon's
2-23 Texas Civil Statutes).
2-24 (f) All licensees must acquire and maintain appropriate
2-25 <carry> workers' compensation<,> or coverage for its employees
3-1 under policies of work related accident, disability and health
3-2 insurance, including coverage for death benefits, from an insurance
3-3 carrier authorized to provide coverage in this state, in the
3-4 amounts required by the commission <including employer's liability
3-5 coverage>.
3-6 (g) Notwithstanding Subsection (f), a political subdivision
3-7 may submit appropriate evidence of workers' compensation coverage
3-8 by self-insurance if permitted by the state workers' compensation
3-9 act. The commission may require forms of evidence of coverage for
3-10 this purpose other than that required under Section 113.098 of this
3-11 chapter.
3-12 (h) <(g)> A category "A," "B," "C," "E," or "O" licensee
3-13 must carry completed operations and products liability insurance in
3-14 a reasonable amount, based on the type or types of licensed
3-15 activities, which shall be established by commission rule.
3-16 SECTION 6. Section 113.099(c), Natural Resources Code, is
3-17 amended to read as follows:
3-18 (c) A licensee or applicant for license that does not employ
3-19 or contemplate the hiring of an employee or employees to be engaged
3-20 in LPG-related activities in this state may make and file with the
3-21 division a statement to that effect in lieu of filing evidence of
3-22 coverage <a certificate> of workers' compensation or other
3-23 alternative form of coverage as provided in this subchapter
3-24 <insurance including employer's liability insurance>.
3-25 SECTION 7. Section 113.131(d), Natural Resources Code, is
4-1 amended to read as follows:
4-2 (d) The commission, by rule, shall establish reasonable,
4-3 non-refundable registration and transfer fees for each LP-gas cargo
4-4 trailer, semitrailer, bobtail, and cylinder delivery unit
4-5 registered or transferred.
4-6 (1) The registration fee established by the commission
4-7 shall not be less than $100, nor more than $500.
4-8 (2) The transfer fee established by the commission
4-9 shall not be less than $25, nor more than $100. <The nonrefundable
4-10 registration fee for each unit is $150 a year for any LPG cargo
4-11 trailer or semitrailer and $100 a year for any bobtail or cylinder
4-12 delivery unit.>
4-13 SECTION 8. This Act takes effect on September 1, 1993.
4-14 SECTION 9. The importance of this legislation and the
4-15 crowded condition of the calendars in both houses create an
4-16 emergency and an imperative public necessity that the
4-17 constitutional rule requiring bills to be read on three several
4-18 days in each house be suspended, and this rule is hereby suspended.