1-1 By: Sims S.B. No. 969
1-2 (In the Senate - Filed March 11, 1993; March 15, 1993, read
1-3 first time and referred to Committee on Natural Resources;
1-4 April 27, 1993, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 8, Nays 0; April 27, 1993,
1-6 sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Sims x
1-10 Truan x
1-11 Armbrister x
1-12 Barrientos x
1-13 Bivins x
1-14 Brown x
1-15 Carriker x
1-16 Lucio x
1-17 Montford x
1-18 Ratliff x
1-19 Shelley x
1-20 COMMITTEE SUBSTITUTE FOR S.B. No. 969 By: Sims
1-21 A BILL TO BE ENTITLED
1-22 AN ACT
1-23 relating to the regulation, inspection, and testing of liquefied
1-24 petroleum gas meters; providing penalties.
1-25 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-26 SECTION 1. Chapter 13, Agriculture Code, is amended by
1-27 adding Subchapter F to read as follows:
1-28 SUBCHAPTER F. INSPECTION AND TESTING OF LIQUEFIED
1-29 PETROLEUM GAS METERS
1-30 Sec. 13.301. DEFINITIONS. In this subchapter:
1-31 (1) "Person" means any individual, partnership, firm,
1-32 corporation, association, or any other business entity.
1-33 (2) "Liquefied petroleum gas meter" means a device
1-34 which is used for the measurement of liquefied petroleum gas in a
1-35 liquid state, whether the device is installed in a permanent
1-36 location or mounted on a vehicle.
1-37 Sec. 13.302. LICENSE REQUIREMENT. (a) A person may not
1-38 inspect or test liquefied petroleum gas meters unless the person
1-39 holds a license issued under this subchapter.
1-40 (b) The department shall issue a license to a person who
1-41 meets the requirements of this subchapter.
1-42 (c) Each license holder under this subchapter shall conduct
1-43 inspecting or testing activities in compliance with the rules of
1-44 the department.
1-45 (d) A license holder shall maintain and submit to the
1-46 department a report and record of all inspecting or testing
1-47 activities compiled in accordance with the rules of the department.
1-48 (e) A license shall not be required of a corporation,
1-49 partnership, joint venture, or an employee of any such entity which
1-50 owns or operates a natural gas treatment or extraction facility.
1-51 Sec. 13.303. GENERAL REQUIREMENTS FOR LICENSE ISSUANCE OR
1-52 RENEWAL. Before a license is issued or renewed by the department
1-53 under this subchapter:
1-54 (1) the person applying for the license or renewal of
1-55 the license shall provide the department proof of completion of a
1-56 department-approved academic, trade, or professional course of
1-57 instruction required by the department's rules;
1-58 (2) the person shall file with the department an
1-59 insurance policy or other proof of insurance evidencing that the
1-60 applicant has a completed operations liability insurance policy
1-61 issued by an insurance company authorized to do business in this
1-62 state or by a surplus lines insurer that meets the requirements of
1-63 Article 1.14-2, Insurance Code, and rules adopted by the State
1-64 Board of Insurance in an amount set by the department and based on
1-65 the type of licensed activities to be provided; and
1-66 (3) the department, to verify compliance with trade
1-67 practices, rules of the department, and this chapter, may conduct
1-68 an inspection of the applicant's:
2-1 (A) facilities;
2-2 (B) inspecting and testing equipment and
2-3 procedures;
2-4 (C) repair and calibration equipment and
2-5 procedures; and
2-6 (D) transportation equipment.
2-7 Sec. 13.304. LICENSE AND RENEWAL; FEES. (a) An application
2-8 for a license shall be submitted to the department on a form
2-9 prescribed by the department, accompanied by a nonrefundable annual
2-10 license fee in an amount established by department rule, not to
2-11 exceed $200.
2-12 (b) A license issued under this subchapter expires on the
2-13 anniversary date of the person's test equipment calibration, as
2-14 such anniversary is defined by department rule, and may be renewed
2-15 by filing with the department a renewal application form prescribed
2-16 by the department, accompanied by a nonrefundable annual license
2-17 renewal fee in an amount established by department rule, not to
2-18 exceed $200.
2-19 (c) A person who fails to submit a license renewal fee on or
2-20 before the expiration date of the license must pay, in addition to
2-21 the license renewal fee, the late fee provided by Section 12.024 of
2-22 this code.
2-23 Sec. 13.305. DUTIES OF THE DEPARTMENT. (a) The department
2-24 by rule may adopt a system to periodically monitor and inspect or
2-25 test meters inspected and tested by the license holder.
2-26 (b) The department by rule shall adopt guidelines to allow a
2-27 representative of the license holder to perform functions of the
2-28 license holder.
2-29 (c) The department by rule may adopt additional requirements
2-30 for the issuance of a license and for the denial of an application
2-31 for a license or renewal of a license. The rules adopted by the
2-32 department shall be designed to protect the public health, safety,
2-33 and welfare and the proper operation of items having liquefied
2-34 petroleum gas meters.
2-35 Sec. 13.306. DENIAL, REVOCATION, MODIFICATION, OR SUSPENSION
2-36 OF LICENSE. (a) The department may refuse to issue a license for
2-37 inspecting or testing of liquefied gas meters if the applicant
2-38 fails to comply with this subchapter.
2-39 (b) The department shall revoke, modify, or suspend a
2-40 license, assess an administrative penalty, place on probation a
2-41 person whose license has been suspended, or reprimand a licensee if
2-42 the licensee fails to comply with this subchapter or a rule adopted
2-43 by the department under this subchapter.
2-44 (c) If a license suspension is probated, the department may
2-45 require the person to:
2-46 (1) report regularly to the department on matters that
2-47 are the basis of the probation;
2-48 (2) limit practice to the areas prescribed by the
2-49 department; or
2-50 (3) continue or renew professional education until the
2-51 person attains a degree of skill satisfactory to the department in
2-52 those areas that are the basis of the probation.
2-53 (d) If the department proposes to deny a person's
2-54 application for a license for inspecting or testing of liquefied
2-55 gas meters or to revoke, modify, or suspend a person's license, the
2-56 person is entitled to a hearing before a hearings officer
2-57 designated by the department. The decision of the department is
2-58 appealable in the same manner as provided for contested cases under
2-59 the Administrative Procedure and Texas Register Act (Article
2-60 6252-13a, Vernon's Texas Civil Statutes).
2-61 Sec. 13.307. CIVIL PENALTY; INJUNCTION. (a) A person who
2-62 violates this subchapter or a rule adopted under this subchapter is
2-63 liable to the state for a civil penalty of not less than $250 nor
2-64 more than $10,000 for each violation. Each day a violation
2-65 continues may be considered a separate violation for purposes of a
2-66 civil penalty assessment.
2-67 (b) On request of the department, the attorney general or
2-68 the county attorney or district attorney of the county in which the
2-69 violation is alleged to have occurred shall file suit to collect
2-70 the penalty.
3-1 (c) A civil penalty collected under this section shall be
3-2 deposited in the state treasury to the credit of the general
3-3 revenue fund. All civil penalties recovered in suits first
3-4 instituted by a local government or governments under this section
3-5 shall be equally divided between the State of Texas and the local
3-6 government or governments with 50 percent of the recovery to be
3-7 paid to the general revenue fund and the other 50 percent equally
3-8 to the local government or governments first instituting the suit.
3-9 (d) The department is entitled to appropriate injunctive
3-10 relief to prevent or abate a violation of this subchapter or a rule
3-11 adopted under this subchapter. On request of the department, the
3-12 attorney general or the county or district attorney of the county
3-13 in which the alleged violation is threatened or is occurring shall
3-14 file suit for the injunctive relief. Venue is in the county in
3-15 which the alleged violation is threatened or is occurring.
3-16 Sec. 13.308. CRIMINAL PENALTY. (a) An individual commits
3-17 an offense if the individual is required to be licensed under this
3-18 subchapter, is not licensed under this subchapter, and performs or
3-19 offers to perform an inspection or test on a liquefied petroleum
3-20 gas meter for compensation.
3-21 (b) An offense under this section is a Class B misdemeanor.
3-22 SECTION 2. Subsection (a), Section 12.024, Agriculture Code,
3-23 is amended to read as follows:
3-24 (a) This section is applicable only to a renewal fee under
3-25 Section 13.304, 14.005, 71.043, 71.057, 75.004, 76.044, 76.073,
3-26 76.113, or 132.025 of this code.
3-27 SECTION 3. This Act takes effect September 1, 1993.
3-28 SECTION 4. The importance of this legislation and the
3-29 crowded condition of the calendars in both houses create an
3-30 emergency and an imperative public necessity that the
3-31 constitutional rule requiring bills to be read on three several
3-32 days in each house be suspended, and this rule is hereby suspended.
3-33 * * * * *
3-34 Austin,
3-35 Texas
3-36 April 27, 1993
3-37 Hon. Bob Bullock
3-38 President of the Senate
3-39 Sir:
3-40 We, your Committee on Natural Resources to which was referred S.B.
3-41 No. 969, have had the same under consideration, and I am instructed
3-42 to report it back to the Senate with the recommendation that it do
3-43 not pass, but that the Committee Substitute adopted in lieu thereof
3-44 do pass and be printed.
3-45 Sims,
3-46 Chairman
3-47 * * * * *
3-48 WITNESSES
3-49 FOR AGAINST ON
3-50 ___________________________________________________________________
3-51 Name: Warren P. Pat Kirksey x
3-52 Representing: Texas Propane Gas Assn.
3-53 City: Lockhart
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3-55 Name: Alvin Ashorn x
3-56 Representing: Texas Dept of Agriculture
3-57 City: Austin
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