By Torres H.B. No. 1226
Substitute the following for H.B. No. 1226:
By Torres C.S.H.B. No. 1226
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of liquefied petroleum gas.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 113.003(a), Natural Resources Code, is
1-5 amended to read as follows:
1-6 (a) None of the provisions of this chapter apply to:
1-7 (1) the production, refining, or manufacture of LPG;
1-8 (2) the storage, sale, or transportation of LPG by
1-9 pipeline or railroad tank car by a pipeline company, producer,
1-10 refiner, or manufacturer;
1-11 (3) equipment used by a pipeline company, producer,
1-12 refiner, or manufacturer in a producing, refining, or manufacturing
1-13 process or in the storage, sale, or transportation by pipeline or
1-14 railroad tank car;
1-15 (4) any deliveries of LPG to another person at the
1-16 place of production, refining, or manufacturing;
1-17 (5) underground storage facilities other than LP-gas
1-18 containers designed for underground use; <or>
1-19 (6) any LP-gas container having a water capacity of
1-20 one gallon <16.4 ounces> or less, or to any LP-gas piping system or
1-21 appliance attached or connected to such container; or
1-22 (7) a railcar loading rack used by a pipeline company,
1-23 producer, refiner, or manufacturer.
2-1 SECTION 2. Sections 113.081(b), (d), and (e), Natural
2-2 Resources Code, are amended to read as follows:
2-3 (b) The provisions of Subsection (a) of this section do not
2-4 apply to <LPG handled in a container of less than one gallon water
2-5 capacity that is an integral part of a device for its use, nor to
2-6 original and replacement containers for the device, nor to> a
2-7 person who is not engaged in business as provided in Section
2-8 113.082 of this code. A person, except a political subdivision, is
2-9 considered to be engaged in business as provided in Section 113.082
2-10 of this code if such person installs or services an LPG motor or
2-11 mobile fuel system on a motor vehicle used in the transportation of
2-12 the general public. The provisions of Subsections (a)(1) and
2-13 (a)(2) of this section do not apply to intermodal containers or
2-14 intermodal portable tanks constructed in accordance with United
2-15 States Department of Transportation specifications.
2-16 (d) The commission by rule may exempt from Section
2-17 113.082(D) of this code journeymen or master plumbers licensed by
2-18 the Texas State Board of Plumbing Examiners. <A person exempted
2-19 under this subsection remains subject to Sections 113.097, 113.098,
2-20 and 113.099 of this code.>
2-21 (e) The commission by rule may exempt from Section
2-22 113.082(D) of this code a person licensed under the Air
2-23 Conditioning and Refrigeration Contractor License Law (Article
2-24 8861, Vernon's Texas Civil Statutes). <A person exempted under
2-25 this subsection remains subject to Sections 113.097, 113.098, and
3-1 113.099 of this code.>
3-2 SECTION 3. Section 113.082, Natural Resources Code, is
3-3 amended to read as follows:
3-4 Sec. 113.082. Categories of Licensee; Fees. A prospective
3-5 licensee in LPG may apply to the LPG division for a license to
3-6 engage in any one or more of the following categories:
3-7 (A) container manufacturers/fabricators: the
3-8 manufacture, fabrication, assembly, repair, installation,
3-9 subframing, testing, and sale of LPG containers, including LPG
3-10 motor or mobile fuel containers and systems, and the repair and
3-11 installation of transport and transfer systems; and the category
3-12 "A" application and original license fee is an amount not to exceed
3-13 $1,000 as determined by the commission; the annual renewal license
3-14 fee is an amount not to exceed $600 as determined by the
3-15 commission;
3-16 (B) transport outfitters: the subframing, testing,
3-17 and sale of LPG transport containers, the testing of LPG storage
3-18 containers, the installation, testing, and sale of LPG motor or
3-19 mobile fuel containers and systems, and the installation and repair
3-20 of transport systems, and motor or mobile fuel systems; the
3-21 category "B" application and original license fee is an amount not
3-22 to exceed $400 as determined by the commission; the annual renewal
3-23 license fee is an amount not to exceed $200 as determined by the
3-24 commission;
3-25 (C) carriers: the transportation of LPG by transport,
4-1 including the loading and unloading of LPG, and the installation
4-2 and repair of transport systems; the category "C" application and
4-3 original license fee is an amount not to exceed $1,000 as
4-4 determined by the commission; the annual renewal license fee is an
4-5 amount not to exceed $300 as determined by the commission;
4-6 (D) general installers and repairmen: the sale,
4-7 service, and installation of containers, excluding motor fuel
4-8 containers, and the service, installation, and repair of piping,
4-9 certain appliances as defined by rule, excluding recreational
4-10 vehicle appliances and LPG systems, excluding motor fuel and
4-11 recreational vehicle systems; the category "D" application and
4-12 original license fee is an amount not to exceed $100 as determined
4-13 by the commission; the annual renewal license fee is an amount not
4-14 to exceed $70 as determined by the commission;
4-15 (E) retail and wholesale dealers: the storage, sale,
4-16 transportation, and distribution of LPG at retail and wholesale,
4-17 and all other activities included in this section except the
4-18 manufacture, fabrication, assembly, repair, subframing, and testing
4-19 of LPG containers; the category "E" application and original
4-20 license fee is an amount not to exceed $750 as determined by the
4-21 commission; the annual renewal license fee is an amount not to
4-22 exceed $300 as determined by the commission;
4-23 (F) cylinder filling or cylinder exchange <exchanges>:
4-24 the operation of a cylinder-filling or cylinder-exchange <and
4-25 container exchange> dealership, including cylinder filling, the
5-1 sale of LPG in cylinders, and the replacement of a cylinder valve;
5-2 the category "F" application and original license fee is an amount
5-3 not to exceed $100 as determined by the commission; the annual
5-4 renewal license fee is an amount not to exceed $50 as determined by
5-5 the commission;
5-6 (G) service station: the operation of an LPG service
5-7 station filling ASME containers designed for motor and mobile fuel;
5-8 the category "G" application and original license fee is an amount
5-9 not to exceed $100 as determined by the commission; the annual
5-10 renewal license fee is an amount not to exceed $50 as determined by
5-11 the commission;
5-12 (H) cylinder dealers: the transportation and sale of
5-13 LPG in cylinders; the category "H" application and original license
5-14 fee is an amount not to exceed $1,000 as determined by the
5-15 commission; the annual renewal license fee is an amount not to
5-16 exceed $300 as determined by the commission;
5-17 (I) service station and cylinder filling or cylinder
5-18 exchange <exchanges>: any service station and cylinder activity
5-19 set out in categories "F" and "G" of this section; the category "I"
5-20 application and original license fee is an amount not to exceed
5-21 $150 as determined by the commission; the annual renewal license
5-22 fee is an amount not to exceed $70 as determined by the commission;
5-23 (J) service station and cylinder dealerships: the
5-24 operation of a cylinder-filling or cylinder-exchange <and
5-25 container-exchange> dealership, including cylinder filling and the
6-1 sale, transportation, installation, and connection of LPG in
6-2 cylinders, the replacement of cylinder valves, and the operation of
6-3 an LPG service station as set out in category "G"; the category "J"
6-4 application and original license fee is an amount not to exceed
6-5 $1,000 as determined by the commission; the annual renewal license
6-6 fee is an amount not to exceed $300 as determined by the
6-7 commission;
6-8 (K) distribution system: the sale and distribution of
6-9 LPG through mains or pipes and the installation and repair of LPG
6-10 systems; the category "K" application and original license fee is
6-11 an amount not to exceed $1,000 as determined by the commission; the
6-12 annual renewal license fee is an amount not to exceed $300 as
6-13 determined by the commission;
6-14 (L) engine fuel <carburetion>: the sale and
6-15 installation of LPG motor or mobile fuel containers, and the sale
6-16 and installation of LPG motor fuel systems; the category "L"
6-17 application and original license fee is an amount not to exceed
6-18 $100 as determined by the commission; the annual renewal license
6-19 fee is an amount not to exceed $50 as determined by the commission;
6-20 (M) recreational vehicle installers and repairmen:
6-21 the sale, service, and installation of recreational vehicle
6-22 containers, and the installation, repair, and service of
6-23 recreational vehicle appliances, piping, and LPG systems, including
6-24 recreational vehicle motor or mobile fuel systems and containers;
6-25 the category "M" application and original license fee is an amount
7-1 not to exceed $100 as determined by the commission; the annual
7-2 renewal license fee is an amount not to exceed $70 as determined by
7-3 the commission;
7-4 (N) manufactured housing installers and repairmen:
7-5 the service and installation of containers that supply fuel to
7-6 manufactured housing, and the installation, repair, and service of
7-7 appliances and piping systems for manufactured housing; the
7-8 category "N" application and original license fee is an amount not
7-9 to exceed $100 as determined by the commission; the annual renewal
7-10 license fee is an amount not to exceed $70 as determined by the
7-11 commission;
7-12 (O) testing laboratory: the testing of an LP-gas
7-13 container, LP-gas motor fuel systems or mobile fuel systems,
7-14 transfer systems, and transport systems for the purpose of
7-15 determining the safety of the container or systems for LP-gas
7-16 service, including the necessary installation, disconnection,
7-17 reconnecting, testing, and repair of LPG motor fuel systems or
7-18 mobile fuel systems, transfer systems, and transport systems
7-19 involved in the testing of containers; the category "O" application
7-20 and original license fee is an amount not to exceed $400 as
7-21 determined by the commission; the annual renewal license fee is an
7-22 amount not to exceed $100 as determined by the commission. <A
7-23 person registered under Section 113.135 on the effective date of
7-24 this subsection has one year from the effective date of this
7-25 subsection to apply for a license under this section.>
8-1 SECTION 4. Section 113.087(k), Natural Resources Code, is
8-2 amended to read as follows:
8-3 (k) The commission, by appropriate rule, may require, in
8-4 addition to examination requirements as set out in Subsections (b),
8-5 (c), and (d) of this section:
8-6 (1) an examination for technical competence that is
8-7 validated by a recognized educational testing organization or
8-8 similar organization; or
8-9 (2) <,> attendance at approved academic, trade,
8-10 professional, or commission-sponsored seminars, other continuing
8-11 education programs, and periodic reexaminations.
8-12 SECTION 5. Section 113.095, Natural Resources Code, is
8-13 amended to read as follows:
8-14 Sec. 113.095. LICENSE AND EXAMINATION BY ENDORSEMENT. (a)
8-15 The commission may waive any license requirement for an applicant
8-16 with a valid license from another state having license requirements
8-17 substantially equivalent to those of this state.
8-18 (b) The commission by rule may waive the requirements of
8-19 Section 113.087 for an applicant holding a valid examination
8-20 certificate issued by another state having certification
8-21 requirements substantially equivalent to those of this state.
8-22 SECTION 6. Section 113.097, Natural Resources Code, is
8-23 amended by amending Subsection (h) and adding Subsection (j) to
8-24 read as follows:
8-25 (h) As required by commission rule, a <A> category "A," "B,"
9-1 "C," "E," or "O" licensee must carry completed operations or <and>
9-2 products liability insurance, or both, in a reasonable amount,
9-3 based on the type or types of licensed activities<, which shall be
9-4 established by commission rule>.
9-5 (j) The commission by rule may exempt from the insurance
9-6 requirements of this section or adopt a reasonable alternative to
9-7 those requirements for:
9-8 (1) a master or journeyman plumber licensed by the
9-9 Texas State Board of Plumbing Examiners; or
9-10 (2) a person licensed under the Air Conditioning and
9-11 Refrigeration Contractor License Law (Article 8861, Vernon's Texas
9-12 Civil Statutes).
9-13 SECTION 7. Section 113.099(d), Natural Resources Code, is
9-14 amended to read as follows:
9-15 (d) A category "A," "B," "C," "E," or "O" licensee or
9-16 applicant for a license that does not engage in or contemplate
9-17 engaging in any LP-gas operations which would be covered by
9-18 completed operations or <and> products liability insurance, or
9-19 both, for a period of time may make and file with the division a
9-20 statement to that effect in lieu of filing a certificate of
9-21 <completed operations and products liability> insurance.
9-22 SECTION 8. This Act takes effect September 1, 1995.
9-23 SECTION 9. The importance of this legislation and the
9-24 crowded condition of the calendars in both houses create an
9-25 emergency and an imperative public necessity that the
10-1 constitutional rule requiring bills to be read on three several
10-2 days in each house be suspended, and this rule is hereby suspended.