1-1 By: Torres (Senate Sponsor - Armbrister) H.B. No. 1226
1-2 (In the Senate - Received from the House April 21, 1995;
1-3 April 24, 1995, read first time and referred to Committee on
1-4 Natural Resources; May 5, 1995, reported favorably by the following
1-5 vote: Yeas 9, Nays 0; May 5, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the regulation of liquefied petroleum gas.
1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10 SECTION 1. Section 113.003(a), Natural Resources Code, is
1-11 amended to read as follows:
1-12 (a) None of the provisions of this chapter apply to:
1-13 (1) the production, refining, or manufacture of LPG;
1-14 (2) the storage, sale, or transportation of LPG by
1-15 pipeline or railroad tank car by a pipeline company, producer,
1-16 refiner, or manufacturer;
1-17 (3) equipment used by a pipeline company, producer,
1-18 refiner, or manufacturer in a producing, refining, or manufacturing
1-19 process or in the storage, sale, or transportation by pipeline or
1-20 railroad tank car;
1-21 (4) any deliveries of LPG to another person at the
1-22 place of production, refining, or manufacturing;
1-23 (5) underground storage facilities other than LP-gas
1-24 containers designed for underground use; <or>
1-25 (6) any LP-gas container having a water capacity of
1-26 one gallon <16.4 ounces> or less, or to any LP-gas piping system or
1-27 appliance attached or connected to such container; or
1-28 (7) a railcar loading rack used by a pipeline company,
1-29 producer, refiner, or manufacturer.
1-30 SECTION 2. Sections 113.081(b), (d), and (e), Natural
1-31 Resources Code, are amended to read as follows:
1-32 (b) The provisions of Subsection (a) of this section do not
1-33 apply to <LPG handled in a container of less than one gallon water
1-34 capacity that is an integral part of a device for its use, nor to
1-35 original and replacement containers for the device, nor to> a
1-36 person who is not engaged in business as provided in Section
1-37 113.082 of this code. A person, except a political subdivision, is
1-38 considered to be engaged in business as provided in Section 113.082
1-39 of this code if such person installs or services an LPG motor or
1-40 mobile fuel system on a motor vehicle used in the transportation of
1-41 the general public. The provisions of Subsections (a)(1) and
1-42 (a)(2) of this section do not apply to intermodal containers or
1-43 intermodal portable tanks constructed in accordance with United
1-44 States Department of Transportation specifications.
1-45 (d) The commission by rule may exempt from Section
1-46 113.082(D) of this code journeymen or master plumbers licensed by
1-47 the Texas State Board of Plumbing Examiners. <A person exempted
1-48 under this subsection remains subject to Sections 113.097, 113.098,
1-49 and 113.099 of this code.>
1-50 (e) The commission by rule may exempt from Section
1-51 113.082(D) of this code a person licensed under the Air
1-52 Conditioning and Refrigeration Contractor License Law (Article
1-53 8861, Vernon's Texas Civil Statutes). <A person exempted under
1-54 this subsection remains subject to Sections 113.097, 113.098, and
1-55 113.099 of this code.>
1-56 SECTION 3. Section 113.082, Natural Resources Code, is
1-57 amended to read as follows:
1-58 Sec. 113.082. Categories of Licensee; Fees. A prospective
1-59 licensee in LPG may apply to the LPG division for a license to
1-60 engage in any one or more of the following categories:
1-61 (A) container manufacturers/fabricators: the
1-62 manufacture, fabrication, assembly, repair, installation,
1-63 subframing, testing, and sale of LPG containers, including LPG
1-64 motor or mobile fuel containers and systems, and the repair and
1-65 installation of transport and transfer systems; and the category
1-66 "A" application and original license fee is an amount not to exceed
1-67 $1,000 as determined by the commission; the annual renewal license
1-68 fee is an amount not to exceed $600 as determined by the
2-1 commission;
2-2 (B) transport outfitters: the subframing, testing,
2-3 and sale of LPG transport containers, the testing of LPG storage
2-4 containers, the installation, testing, and sale of LPG motor or
2-5 mobile fuel containers and systems, and the installation and repair
2-6 of transport systems, and motor or mobile fuel systems; the
2-7 category "B" application and original license fee is an amount not
2-8 to exceed $400 as determined by the commission; the annual renewal
2-9 license fee is an amount not to exceed $200 as determined by the
2-10 commission;
2-11 (C) carriers: the transportation of LPG by transport,
2-12 including the loading and unloading of LPG, and the installation
2-13 and repair of transport systems; the category "C" application and
2-14 original license fee is an amount not to exceed $1,000 as
2-15 determined by the commission; the annual renewal license fee is an
2-16 amount not to exceed $300 as determined by the commission;
2-17 (D) general installers and repairmen: the sale,
2-18 service, and installation of containers, excluding motor fuel
2-19 containers, and the service, installation, and repair of piping,
2-20 certain appliances as defined by rule, excluding recreational
2-21 vehicle appliances and LPG systems, excluding motor fuel and
2-22 recreational vehicle systems; the category "D" application and
2-23 original license fee is an amount not to exceed $100 as determined
2-24 by the commission; the annual renewal license fee is an amount not
2-25 to exceed $70 as determined by the commission;
2-26 (E) retail and wholesale dealers: the storage, sale,
2-27 transportation, and distribution of LPG at retail and wholesale,
2-28 and all other activities included in this section except the
2-29 manufacture, fabrication, assembly, repair, subframing, and testing
2-30 of LPG containers; the category "E" application and original
2-31 license fee is an amount not to exceed $750 as determined by the
2-32 commission; the annual renewal license fee is an amount not to
2-33 exceed $300 as determined by the commission;
2-34 (F) cylinder filling or cylinder exchange <exchanges>:
2-35 the operation of a cylinder-filling or cylinder-exchange <and
2-36 container exchange> dealership, including cylinder filling, the
2-37 sale of LPG in cylinders, and the replacement of a cylinder valve;
2-38 the category "F" application and original license fee is an amount
2-39 not to exceed $100 as determined by the commission; the annual
2-40 renewal license fee is an amount not to exceed $50 as determined by
2-41 the commission;
2-42 (G) service station: the operation of an LPG service
2-43 station filling ASME containers designed for motor and mobile fuel;
2-44 the category "G" application and original license fee is an amount
2-45 not to exceed $100 as determined by the commission; the annual
2-46 renewal license fee is an amount not to exceed $50 as determined by
2-47 the commission;
2-48 (H) cylinder dealers: the transportation and sale of
2-49 LPG in cylinders; the category "H" application and original license
2-50 fee is an amount not to exceed $1,000 as determined by the
2-51 commission; the annual renewal license fee is an amount not to
2-52 exceed $300 as determined by the commission;
2-53 (I) service station and cylinder filling or cylinder
2-54 exchange <exchanges>: any service station and cylinder activity
2-55 set out in categories "F" and "G" of this section; the category "I"
2-56 application and original license fee is an amount not to exceed
2-57 $150 as determined by the commission; the annual renewal license
2-58 fee is an amount not to exceed $70 as determined by the commission;
2-59 (J) service station and cylinder dealerships: the
2-60 operation of a cylinder-filling or cylinder-exchange <and
2-61 container-exchange> dealership, including cylinder filling and the
2-62 sale, transportation, installation, and connection of LPG in
2-63 cylinders, the replacement of cylinder valves, and the operation of
2-64 an LPG service station as set out in category "G"; the category "J"
2-65 application and original license fee is an amount not to exceed
2-66 $1,000 as determined by the commission; the annual renewal license
2-67 fee is an amount not to exceed $300 as determined by the
2-68 commission;
2-69 (K) distribution system: the sale and distribution of
2-70 LPG through mains or pipes and the installation and repair of LPG
3-1 systems; the category "K" application and original license fee is
3-2 an amount not to exceed $1,000 as determined by the commission; the
3-3 annual renewal license fee is an amount not to exceed $300 as
3-4 determined by the commission;
3-5 (L) engine fuel <carburetion>: the sale and
3-6 installation of LPG motor or mobile fuel containers, and the sale
3-7 and installation of LPG motor fuel systems; the category "L"
3-8 application and original license fee is an amount not to exceed
3-9 $100 as determined by the commission; the annual renewal license
3-10 fee is an amount not to exceed $50 as determined by the commission;
3-11 (M) recreational vehicle installers and repairmen:
3-12 the sale, service, and installation of recreational vehicle
3-13 containers, and the installation, repair, and service of
3-14 recreational vehicle appliances, piping, and LPG systems, including
3-15 recreational vehicle motor or mobile fuel systems and containers;
3-16 the category "M" application and original license fee is an amount
3-17 not to exceed $100 as determined by the commission; the annual
3-18 renewal license fee is an amount not to exceed $70 as determined by
3-19 the commission;
3-20 (N) manufactured housing installers and repairmen:
3-21 the service and installation of containers that supply fuel to
3-22 manufactured housing, and the installation, repair, and service of
3-23 appliances and piping systems for manufactured housing; the
3-24 category "N" application and original license fee is an amount not
3-25 to exceed $100 as determined by the commission; the annual renewal
3-26 license fee is an amount not to exceed $70 as determined by the
3-27 commission;
3-28 (O) testing laboratory: the testing of an LP-gas
3-29 container, LP-gas motor fuel systems or mobile fuel systems,
3-30 transfer systems, and transport systems for the purpose of
3-31 determining the safety of the container or systems for LP-gas
3-32 service, including the necessary installation, disconnection,
3-33 reconnecting, testing, and repair of LPG motor fuel systems or
3-34 mobile fuel systems, transfer systems, and transport systems
3-35 involved in the testing of containers; the category "O" application
3-36 and original license fee is an amount not to exceed $400 as
3-37 determined by the commission; the annual renewal license fee is an
3-38 amount not to exceed $100 as determined by the commission. <A
3-39 person registered under Section 113.135 on the effective date of
3-40 this subsection has one year from the effective date of this
3-41 subsection to apply for a license under this section.>
3-42 SECTION 4. Section 113.087(k), Natural Resources Code, is
3-43 amended to read as follows:
3-44 (k) The commission, by appropriate rule, may require, in
3-45 addition to examination requirements as set out in Subsections (b),
3-46 (c), and (d) of this section:
3-47 (1) an examination for technical competence that is
3-48 validated by a recognized educational testing organization or
3-49 similar organization; or
3-50 (2) <,> attendance at approved academic, trade,
3-51 professional, or commission-sponsored seminars, other continuing
3-52 education programs, and periodic reexaminations.
3-53 SECTION 5. Section 113.095, Natural Resources Code, is
3-54 amended to read as follows:
3-55 Sec. 113.095. LICENSE AND EXAMINATION BY ENDORSEMENT. (a)
3-56 The commission may waive any license requirement for an applicant
3-57 with a valid license from another state having license requirements
3-58 substantially equivalent to those of this state.
3-59 (b) The commission by rule may waive the requirements of
3-60 Section 113.087 for an applicant holding a valid examination
3-61 certificate issued by another state having certification
3-62 requirements substantially equivalent to those of this state.
3-63 SECTION 6. Section 113.097, Natural Resources Code, is
3-64 amended by amending Subsection (h) and adding Subsection (j) to
3-65 read as follows:
3-66 (h) As required by commission rule, a <A> category "A," "B,"
3-67 "C," "E," or "O" licensee must carry completed operations or <and>
3-68 products liability insurance, or both, in a reasonable amount,
3-69 based on the type or types of licensed activities<, which shall be
3-70 established by commission rule>.
4-1 (j) The commission by rule may exempt from the insurance
4-2 requirements of this section or adopt a reasonable alternative to
4-3 those requirements for:
4-4 (1) a master or journeyman plumber licensed by the
4-5 Texas State Board of Plumbing Examiners; or
4-6 (2) a person licensed under the Air Conditioning and
4-7 Refrigeration Contractor License Law (Article 8861, Vernon's Texas
4-8 Civil Statutes).
4-9 SECTION 7. Section 113.099(d), Natural Resources Code, is
4-10 amended to read as follows:
4-11 (d) A category "A," "B," "C," "E," or "O" licensee or
4-12 applicant for a license that does not engage in or contemplate
4-13 engaging in any LP-gas operations which would be covered by
4-14 completed operations or <and> products liability insurance, or
4-15 both, for a period of time may make and file with the division a
4-16 statement to that effect in lieu of filing a certificate of
4-17 <completed operations and products liability> insurance.
4-18 SECTION 8. This Act takes effect September 1, 1995.
4-19 SECTION 9. The importance of this legislation and the
4-20 crowded condition of the calendars in both houses create an
4-21 emergency and an imperative public necessity that the
4-22 constitutional rule requiring bills to be read on three several
4-23 days in each house be suspended, and this rule is hereby suspended.
4-24 * * * * *