By: Sims S.B. No. 969 A BILL TO BE ENTITLED AN ACT 1-1 relating to the regulation, inspection, and testing of liquefied 1-2 petroleum gas meters; providing penalties. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Chapter 13, Agriculture Code, is amended by 1-5 adding Subchapter F to read as follows: 1-6 SUBCHAPTER F. INSPECTION AND TESTING OF LIQUEFIED 1-7 PETROLEUM GAS METERS 1-8 Sec. 13.301. DEFINITIONS. In this subchapter: 1-9 (1) "Person" means any individual, partnership, firm, 1-10 corporation, association, or any other business entity. 1-11 (2) "Liquefied petroleum gas meter" means a device 1-12 which is used for the measurement of liquefied petroleum gas in a 1-13 liquid state, whether the device is installed in a permanent 1-14 location or mounted on a vehicle. 1-15 Sec. 13.302. LICENSE REQUIREMENT. (a) A person may not 1-16 inspect or test liquefied petroleum gas meters unless the person 1-17 holds a license issued under this subchapter. 1-18 (b) The department shall issue a license to a person who 1-19 meets the requirements of this subchapter. 1-20 (c) Each license holder under this subchapter shall conduct 1-21 inspecting or testing activities in compliance with the rules of 1-22 the department. 1-23 (d) A license holder shall maintain and submit to the 1-24 department a report and record of all inspecting or testing 2-1 activities compiled in accordance with the rules of the department. 2-2 (e) A license shall not be required of a corporation, 2-3 partnership, joint venture, or an employee of any such entity which 2-4 owns or operates a natural gas treatment or extraction facility. 2-5 Sec. 13.303. GENERAL REQUIREMENTS FOR LICENSE ISSUANCE OR 2-6 RENEWAL. Before a license is issued or renewed by the department 2-7 under this subchapter: 2-8 (1) the person applying for the license or renewal of 2-9 the license shall provide the department proof of completion of a 2-10 department-approved academic, trade, or professional course of 2-11 instruction required by the department's rules; 2-12 (2) the person shall file with the department an 2-13 insurance policy or other proof of insurance evidencing that the 2-14 applicant has a completed operations liability insurance policy 2-15 issued by an insurance company authorized to do business in this 2-16 state or by a surplus lines insurer that meets the requirements of 2-17 Article 1.14-2, Insurance Code, and rules adopted by the State 2-18 Board of Insurance in an amount set by the department and based on 2-19 the type of licensed activities to be provided; and 2-20 (3) the department, to verify compliance with trade 2-21 practices, rules of the department, and this chapter, may conduct 2-22 an inspection of the applicant's: 2-23 (A) facilities; 2-24 (B) inspecting and testing equipment and 2-25 procedures; 2-26 (C) repair and calibration equipment and 2-27 procedures; and 3-1 (D) transportation equipment. 3-2 Sec. 13.304. LICENSE AND RENEWAL; FEES. (a) An application 3-3 for a license shall be submitted to the department on a form 3-4 prescribed by the department, accompanied by a nonrefundable annual 3-5 license fee in an amount established by department rule, not to 3-6 exceed $200. 3-7 (b) A license issued under this subchapter expires on the 3-8 anniversary date of the person's test equipment calibration, as 3-9 such anniversary is defined by department rule, and may be renewed 3-10 by filing with the department a renewal application form prescribed 3-11 by the department, accompanied by a nonrefundable annual license 3-12 renewal fee in an amount established by department rule, not to 3-13 exceed $200. 3-14 (c) A person who fails to submit a license renewal fee on or 3-15 before the expiration date of the license must pay, in addition to 3-16 the license renewal fee, the late fee provided by Section 12.024 of 3-17 this code. 3-18 Sec. 13.305. DUTIES OF THE DEPARTMENT. (a) The department 3-19 by rule may adopt a system to periodically monitor and inspect or 3-20 test meters inspected and tested by the license holder. 3-21 (b) The department by rule shall adopt guidelines to allow a 3-22 representative of the license holder to perform functions of the 3-23 license holder. 3-24 (c) The department by rule may adopt additional requirements 3-25 for the issuance of a license and for the denial of an application 3-26 for a license or renewal of a license. The rules adopted by the 3-27 department shall be designed to protect the public health, safety, 4-1 and welfare and the proper operation of items having liquefied 4-2 petroleum gas meters. 4-3 Sec. 13.306. DENIAL, REVOCATION, MODIFICATION, OR SUSPENSION 4-4 OF LICENSE. (a) The department may refuse to issue a license for 4-5 inspecting or testing of liquefied gas meters if the applicant 4-6 fails to comply with this subchapter. 4-7 (b) The department shall revoke, modify, or suspend a 4-8 license, assess an administrative penalty, place on probation a 4-9 person whose license has been suspended, or reprimand a licensee if 4-10 the licensee fails to comply with this subchapter or a rule adopted 4-11 by the department under this subchapter. 4-12 (c) If a license suspension is probated, the department may 4-13 require the person to: 4-14 (1) report regularly to the department on matters that 4-15 are the basis of the probation; 4-16 (2) limit practice to the areas prescribed by the 4-17 department; or 4-18 (3) continue or renew professional education until the 4-19 person attains a degree of skill satisfactory to the department in 4-20 those areas that are the basis of the probation. 4-21 (d) If the department proposes to deny a person's 4-22 application for a license for inspecting or testing of liquefied 4-23 gas meters or to revoke, modify, or suspend a person's license, the 4-24 person is entitled to a hearing before a hearings officer 4-25 designated by the department. The decision of the department is 4-26 appealable in the same manner as provided for contested cases under 4-27 the Administrative Procedure and Texas Register Act (Article 5-1 6252-13a, Vernon's Texas Civil Statutes). 5-2 Sec. 13.307. CIVIL PENALTY; INJUNCTION. (a) A person who 5-3 violates this subchapter or a rule adopted under this subchapter is 5-4 liable to the state for a civil penalty of not less than $250 nor 5-5 more than $10,000 for each violation. Each day a violation 5-6 continues may be considered a separate violation for purposes of a 5-7 civil penalty assessment. 5-8 (b) On request of the department, the attorney general or 5-9 the county attorney or district attorney of the county in which the 5-10 violation is alleged to have occurred shall file suit to collect 5-11 the penalty. 5-12 (c) A civil penalty collected under this section shall be 5-13 deposited in the state treasury to the credit of the general 5-14 revenue fund. All civil penalties recovered in suits first 5-15 instituted by a local government or governments under this section 5-16 shall be equally divided between the State of Texas and the local 5-17 government or governments with 50 percent of the recovery to be 5-18 paid to the general revenue fund and the other 50 percent equally 5-19 to the local government or governments first instituting the suit. 5-20 (d) The department is entitled to appropriate injunctive 5-21 relief to prevent or abate a violation of this subchapter or a rule 5-22 adopted under this subchapter. On request of the department, the 5-23 attorney general or the county or district attorney of the county 5-24 in which the alleged violation is threatened or is occurring shall 5-25 file suit for the injunctive relief. Venue is in the county in 5-26 which the alleged violation is threatened or is occurring. 5-27 Sec. 13.308. CRIMINAL PENALTY. (a) An individual commits 6-1 an offense if the individual is required to be licensed under this 6-2 subchapter, is not licensed under this subchapter, and performs or 6-3 offers to perform an inspection or test on a liquefied petroleum 6-4 gas meter for compensation. 6-5 (b) An offense under this section is a Class B misdemeanor. 6-6 SECTION 2. Subsection (a), Section 12.024, Agriculture Code, 6-7 is amended to read as follows: 6-8 (a) This section is applicable only to a renewal fee under 6-9 Section 13.304, 14.005, 71.043, 71.057, 75.004, 76.044, 76.073, 6-10 76.113, or 132.025 of this code. 6-11 SECTION 3. This Act takes effect September 1, 1993. 6-12 SECTION 4. The importance of this legislation and the 6-13 crowded condition of the calendars in both houses create an 6-14 emergency and an imperative public necessity that the 6-15 constitutional rule requiring bills to be read on three several 6-16 days in each house be suspended, and this rule is hereby suspended.