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.