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.