By:  Sims                                              S.B. No. 969
       73R5358 CAG-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the regulation, inspection, and testing of liquefied
    1-3  petroleum gas meters; providing a criminal penalty.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Chapter 13, Agriculture Code, is amended by
    1-6  adding Subchapter F to read as follows:
    1-7          SUBCHAPTER F.  INSPECTION AND TESTING OF LIQUEFIED
    1-8                         PETROLEUM GAS METERS
    1-9        Sec. 13.301.  LICENSE REQUIREMENT.  (a)  A person may not
   1-10  inspect or test liquefied petroleum gas meters unless the person
   1-11  holds a license issued under this subchapter.
   1-12        (b)  The department shall issue a license to a person who
   1-13  meets the requirements of this subchapter.
   1-14        (c)  Each license holder under this subchapter shall conduct
   1-15  inspecting or testing activities in compliance with the rules of
   1-16  the department.
   1-17        (d)  A license holder shall maintain and submit to the
   1-18  department a report and record of an inspecting or testing activity
   1-19  required by the rules of the department.
   1-20        Sec. 13.302.  GENERAL REQUIREMENTS FOR LICENSE ISSUANCE OR
   1-21  RENEWAL.  Before a license is issued or renewed by the department
   1-22  under this subchapter:
   1-23              (1)  the person applying for the license or renewal of
   1-24  the license shall provide the department proof of completion of a
    2-1  department-approved academic, trade, or professional course of
    2-2  instruction required by the department's rules;
    2-3              (2)  the person shall file with the department an
    2-4  insurance policy or other proof of insurance evidencing that the
    2-5  applicant has a completed operations liability insurance policy
    2-6  issued by an insurance company authorized to do business in this
    2-7  state or by a surplus line insurer that meets the requirements of
    2-8  Article 1.14-2, Insurance Code, and rules adopted by the State
    2-9  Board of Insurance in an amount set by the department and based on
   2-10  the type of licensed activities to be provided; and
   2-11              (3)  the department, to verify compliance with trade
   2-12  practices, rules of the department, and this chapter, shall conduct
   2-13  an inspection of the applicant's:
   2-14                    (A)  facilities;
   2-15                    (B)  inspecting and testing equipment and
   2-16  procedures;
   2-17                    (C)  repair and calibration equipment and
   2-18  procedures; and
   2-19                    (D)  transportation equipment.
   2-20        Sec. 13.303.  LICENSE AND RENEWAL; FEES.  (a)  An application
   2-21  for a license shall be submitted to the department on a form
   2-22  prescribed by the department, accompanied by a nonrefundable annual
   2-23  license fee of $200.
   2-24        (b)  A license issued under this subchapter expires one year
   2-25  after the date of issuance and may be renewed by filing with the
   2-26  department a renewal application form prescribed by the department,
   2-27  accompanied by a nonrefundable license renewal fee of $200.
    3-1        (c)  If a person's license has been expired for 30 days or
    3-2  less, the person may renew the license by paying to the department
    3-3  the required renewal fee and a late fee equal to one-fifth of the
    3-4  license fee.
    3-5        (d)  If a person's license has been expired for longer than
    3-6  30 days but less than or equal to 90 days, the person may renew the
    3-7  license by paying to the department the required renewal fee and a
    3-8  late fee equal to one-half the license fee.
    3-9        (e)  If a person's license has been expired for longer than
   3-10  90 days but less than one year, the person may renew the license by
   3-11  paying the department the required renewal fee and a late fee equal
   3-12  to the license fee.
   3-13        (f)  If a person's license has been expired for one year or
   3-14  longer, the person may not renew the license.  The person may
   3-15  obtain a new license by complying with the requirements and
   3-16  procedures for obtaining an original license.
   3-17        Sec. 13.304.  DUTIES OF THE DEPARTMENT.  (a)  The department
   3-18  by rule may adopt a system to periodically monitor and inspect or
   3-19  test meters inspected and tested by the license holder.
   3-20        (b)  The department by rule shall adopt guidelines to allow a
   3-21  representative of the license holder to perform functions of the
   3-22  license holder.
   3-23        (c)  The department by rule may adopt additional requirements
   3-24  for the issuance of a license and for the denial of an application
   3-25  for a license or renewal of a license.  The rules adopted by the
   3-26  department shall be designed to protect the public health, safety,
   3-27  and welfare and the proper operation of items having liquefied
    4-1  petroleum gas meters.
    4-2        Sec. 13.305.  DISCIPLINARY ACTIONS.  (a)  The department
    4-3  shall notify a license holder in writing if it finds a violation of
    4-4  this subchapter or a rule adopted by the department under this
    4-5  subchapter.  The notice must specify the act, omission, or conduct
    4-6  comprising the violation and must designate a date by which the
    4-7  violation must be corrected or discontinued.
    4-8        (b)  The license holder notified of a violation by the
    4-9  department shall:
   4-10              (1)  correct or discontinue the violation complained of
   4-11  in Subsection (a) of this section;
   4-12              (2)  request an extension of time for compliance, which
   4-13  may be granted by the department; or
   4-14              (3)  object to the contents of the notice.
   4-15        (c)  If a license holder objects to the department's
   4-16  requirements under this section or if the department determines
   4-17  that the license holder has not corrected or discontinued a
   4-18  violation under Subsection (a) of this section, a hearing shall be
   4-19  conducted under the Administrative Procedure and Texas Register Act
   4-20  (Article 6252-13a, Vernon's Texas Civil Statutes).
   4-21        (d)  An appeal of an action of the department must be filed
   4-22  in a district court in Travis County and judicial review of an
   4-23  action of the department shall be conducted under the substantial
   4-24  evidence rule.
   4-25        Sec. 13.306.  SUMMARY SUSPENSION.  (a)  If the department
   4-26  determines that a probable violation of this subchapter is an
   4-27  immediate danger to the public health, safety, or welfare, the
    5-1  department shall require the immediate suspension of inspecting and
    5-2  testing activities conducted by the license holder.
    5-3        (b)  If, after a hearing, the department determines that the
    5-4  license holder has violated or failed to comply with this
    5-5  subchapter or with the rules of the department under this
    5-6  subchapter, the department may suspend the license for a period not
    5-7  to exceed 90 days or may revoke the license.  If a license is
    5-8  revoked, a new license may not be issued to the person for at least
    5-9  90 days from the date of the license revocation.
   5-10        Sec. 13.307.  CRIMINAL PENALTY.  (a)  An individual commits
   5-11  an offense if the individual is required to be licensed under this
   5-12  subchapter, is not licensed under this subchapter, and performs or
   5-13  offers to perform an inspection or test on a liquefied petroleum
   5-14  gas meter for compensation.
   5-15        (b)  An offense under this section is a Class B misdemeanor.
   5-16        SECTION 2.  Section 13.103, Agriculture Code, is amended to
   5-17  read as follows:
   5-18        Sec. 13.103.  Inspection of Water<, Gas,> and Electric
   5-19  Meters.  (a)  A water<, gas,> or electric meter is subject to
   5-20  inspection by the department either on its own motion or on
   5-21  complaint of a user.  If the department finds a meter to be
   5-22  incorrect, the department shall order use of the meter discontinued
   5-23  until it is corrected.
   5-24        (b)  A person commits an offense if the person fails or
   5-25  refuses to comply with an order of the department under Subsection
   5-26  (a) of this section.  Each day of failure or refusal to comply is a
   5-27  separate offense.
    6-1        SECTION 3.  (a)  This Act takes effect September 1, 1993.
    6-2        (b)  A person is not required to obtain a license issued
    6-3  under Subchapter F, Chapter 13, Agriculture Code, as added by this
    6-4  Act, until September 1, 1994.
    6-5        (c)  The Texas Department of Agriculture shall adopt rules
    6-6  relating to licenses issued under Subchapter F, Chapter 13,
    6-7  Agriculture Code, as added by this Act, on or before March 1, 1994.
    6-8        SECTION 4.  The importance of this legislation and the
    6-9  crowded condition of the calendars in both houses create an
   6-10  emergency and an imperative public necessity that the
   6-11  constitutional rule requiring bills to be read on three several
   6-12  days in each house be suspended, and this rule is hereby suspended.