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.