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.