AN ACT
1-1 relating to the classification of certain liquefied petroleum gas
1-2 activities; insurance requirements for liquefied petroleum gas,
1-3 compressed natural gas, and liquefied natural gas licensees; and
1-4 registration and transfer fees for liquefied petroleum gas,
1-5 compressed natural gas, and liquefied natural gas transportation
1-6 vehicles.
1-7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-8 SECTION 1. Section 113.002, Natural Resources Code, is
1-9 amended by adding Subdivision (21) to read as follows:
1-10 (21) "Portable cylinder" means a receptacle
1-11 constructed to United States Department of Transportation
1-12 specifications, designed to be moved readily, and used for the
1-13 storage of LPG for connection to an appliance or an LPG system.
1-14 The term does not include a cylinder designed for use on a forklift
1-15 or similar equipment.
1-16 SECTION 2. Section 113.082, Natural Resources Code, is
1-17 amended to read as follows:
1-18 Sec. 113.082. Categories of Licensee; Fees. A prospective
1-19 licensee in LPG may apply to the LPG division for a license to
1-20 engage in any one or more of the following categories:
1-21 (A) container manufacturers/fabricators: the
1-22 manufacture, fabrication, assembly, repair, installation,
1-23 subframing, testing, and sale of LPG containers, including LPG
2-1 motor or mobile fuel containers and systems, and the repair and
2-2 installation of transport and transfer systems; and the category
2-3 "A" application and original license fee is an amount not to exceed
2-4 $1,000 as determined by the commission; the annual renewal license
2-5 fee is an amount not to exceed $600 as determined by the
2-6 commission;
2-7 (B) transport outfitters: the subframing,
2-8 testing, and sale of LPG transport containers, the testing of LPG
2-9 storage containers, the installation, testing, and sale of LPG
2-10 motor or mobile fuel containers and systems, and the installation
2-11 and repair of transport systems, and motor or mobile fuel systems;
2-12 the category "B" application and original license fee is an amount
2-13 not to exceed $400 as determined by the commission; the annual
2-14 renewal license fee is an amount not to exceed $200 as determined
2-15 by the commission;
2-16 (C) carriers: the transportation of LPG by
2-17 transport, including the loading and unloading of LPG, and the
2-18 installation and repair of transport systems; the category "C"
2-19 application and original license fee is an amount not to exceed
2-20 $1,000 as determined by the commission; the annual renewal license
2-21 fee is an amount not to exceed $300 as determined by the
2-22 commission;
2-23 (D) general installers and repairmen: the sale,
2-24 service, and installation of containers, excluding motor fuel
2-25 containers, and the service, installation, and repair of piping,
3-1 certain appliances as defined by rule, excluding recreational
3-2 vehicle appliances and LPG systems, excluding motor fuel and
3-3 recreational vehicle systems; the category "D" application and
3-4 original license fee is an amount not to exceed $100 as determined
3-5 by the commission; the annual renewal license fee is an amount not
3-6 to exceed $70 as determined by the commission;
3-7 (E) retail and wholesale dealers: the storage,
3-8 sale, transportation, and distribution of LPG at retail and
3-9 wholesale, and all other activities included in this section except
3-10 the manufacture, fabrication, assembly, repair, subframing, and
3-11 testing of LPG containers; the category "E" application and
3-12 original license fee is an amount not to exceed $750 as determined
3-13 by the commission; the annual renewal license fee is an amount not
3-14 to exceed $300 as determined by the commission;
3-15 (F) cylinder filling [or cylinder exchange]:
3-16 the operation of a cylinder-filling facility [or cylinder-exchange
3-17 dealership], including cylinder filling, the sale of LPG in
3-18 cylinders, and the replacement of a cylinder valve; the category
3-19 "F" application and original license fee is an amount not to exceed
3-20 $100 as determined by the commission; the annual renewal license
3-21 fee is an amount not to exceed $50 as determined by the commission;
3-22 (G) service station: the operation of an LPG
3-23 service station filling ASME containers designed for motor and
3-24 mobile fuel; the category "G" application and original license fee
3-25 is an amount not to exceed $100 as determined by the commission;
4-1 the annual renewal license fee is an amount not to exceed $50 as
4-2 determined by the commission;
4-3 (H) cylinder dealers: the transportation and
4-4 sale of LPG in cylinders; the category "H" application and original
4-5 license fee is an amount not to exceed $1,000 as determined by the
4-6 commission; the annual renewal license fee is an amount not to
4-7 exceed $300 as determined by the commission;
4-8 (I) service station and cylinder filling [or
4-9 cylinder exchange]: any service station and cylinder activity set
4-10 out in categories "F" and "G" of this section; the category "I"
4-11 application and original license fee is an amount not to exceed
4-12 $150 as determined by the commission; the annual renewal license
4-13 fee is an amount not to exceed $70 as determined by the commission;
4-14 (J) service station and cylinder facilities
4-15 [dealerships]: the operation of a cylinder-filling facility [or
4-16 cylinder-exchange dealership], including cylinder filling and the
4-17 sale, transportation, installation, and connection of LPG in
4-18 cylinders, the replacement of cylinder valves, and the operation of
4-19 an LPG service station as set out in category "G"; the category "J"
4-20 application and original license fee is an amount not to exceed
4-21 $1,000 as determined by the commission; the annual renewal license
4-22 fee is an amount not to exceed $300 as determined by the
4-23 commission;
4-24 (K) distribution system: the sale and
4-25 distribution of LPG through mains or pipes and the installation and
5-1 repair of LPG systems; the category "K" application and original
5-2 license fee is an amount not to exceed $1,000 as determined by the
5-3 commission; the annual renewal license fee is an amount not to
5-4 exceed $300 as determined by the commission;
5-5 (L) engine fuel: the sale and installation of
5-6 LPG motor or mobile fuel containers, and the sale and installation
5-7 of LPG motor fuel systems; the category "L" application and
5-8 original license fee is an amount not to exceed $100 as determined
5-9 by the commission; the annual renewal license fee is an amount not
5-10 to exceed $50 as determined by the commission;
5-11 (M) recreational vehicle installers and
5-12 repairmen: the sale, service, and installation of recreational
5-13 vehicle containers, and the installation, repair, and service of
5-14 recreational vehicle appliances, piping, and LPG systems, including
5-15 recreational vehicle motor or mobile fuel systems and containers;
5-16 the category "M" application and original license fee is an amount
5-17 not to exceed $100 as determined by the commission; the annual
5-18 renewal license fee is an amount not to exceed $70 as determined by
5-19 the commission;
5-20 (N) manufactured housing installers and
5-21 repairmen: the service and installation of containers that supply
5-22 fuel to manufactured housing, and the installation, repair, and
5-23 service of appliances and piping systems for manufactured housing;
5-24 the category "N" application and original license fee is an amount
5-25 not to exceed $100 as determined by the commission; the annual
6-1 renewal license fee is an amount not to exceed $70 as determined by
6-2 the commission;
6-3 (O) testing laboratory: the testing of an
6-4 LP-gas container, LP-gas motor fuel systems or mobile fuel systems,
6-5 transfer systems, and transport systems for the purpose of
6-6 determining the safety of the container or systems for LP-gas
6-7 service, including the necessary installation, disconnection,
6-8 reconnecting, testing, and repair of LPG motor fuel systems or
6-9 mobile fuel systems, transfer systems, and transport systems
6-10 involved in the testing of containers; the category "O" application
6-11 and original license fee is an amount not to exceed $400 as
6-12 determined by the commission; the annual renewal license fee is an
6-13 amount not to exceed $100 as determined by the commission; or
6-14 (P) portable cylinder exchange: the operation
6-15 of a portable cylinder exchange service, where the sale of LP-gas
6-16 is within a portable cylinder with an LP-gas capacity not to exceed
6-17 21 pounds; the portable cylinders are not filled on site, and no
6-18 other LP-gas activity requiring a license is conducted; the
6-19 category "P" application and original license fee is an amount not
6-20 to exceed $100 as determined by the commission; the annual renewal
6-21 license fee is an amount not to exceed $50 as determined by the
6-22 commission.
6-23 SECTION 3. Section 113.102, Natural Resources Code, is
6-24 amended to read as follows:
6-25 Sec. 113.102. PRIOR LICENSES. All prior LP-gas licenses
7-1 authorizing portable cylinder exchange activities shall, on an
7-2 applicant's compliance with the renewal procedure set out in this
7-3 chapter, be converted to a license identified as category "P".
7-4 [(a) Except as provided in Subsection (c) of this section, all
7-5 prior LP-gas licenses authorizing activities previously defined by
7-6 this chapter as categories 1 through 12 shall, on an applicant's
7-7 compliance with the renewal procedure set out in this chapter, be
7-8 converted to a license identified by category letter as specified
7-9 in Subsection (b) of this section.]
7-10 [(b) A category "1" license shall become a category "A"
7-11 license, and a category "4" shall become a category "C"; a "5," a
7-12 "D"; a "6," an "E"; an "8," an "F"; a "9," a "G"; a "10," a "K"; an
7-13 "11," an "H"; an "8" and "9," an "I"; an "8," "9," "11," and "12,"
7-14 a "J"; and an "8," "9," "11," and "5," a "J"; a "7," an "L", as
7-15 those letter categories are defined in Section 113.082 of this
7-16 code.]
7-17 [(c) Previously issued licenses designated as authorizing
7-18 category "2" or "3" activities shall expire.]
7-19 SECTION 4. Section 113.097, Natural Resources Code, is
7-20 amended by adding Subsection (k) to read as follows:
7-21 (k) The commission by rule may allow a licensee to
7-22 self-insure under Subsection (d), (e), or (f) and by rule shall
7-23 establish standards for that self-insurance.
7-24 SECTION 5. Subsection (d), Section 113.131, Natural
7-25 Resources Code, is amended to read as follows:
8-1 (d) The commission, by rule, shall establish reasonable,
8-2 nonrefundable annual registration and transfer fees for each LP-gas
8-3 cargo trailer, semitrailer, bobtail, and cylinder-delivery
8-4 [cylinder delivery] unit registered or transferred as follows:[.]
8-5 (1) the annual [The] registration fee established by
8-6 the commission shall not be less than $100[,] nor more than $300.
8-7 (2) the annual [The] transfer fee established by the
8-8 commission shall not be less than $25[,] nor more than $100.
8-9 SECTION 6. Subsection (c), Section 116.036, Natural
8-10 Resources Code, is amended to read as follows:
8-11 (c) The commission shall adopt rules establishing specific
8-12 requirements for insurance coverage under this chapter and evidence
8-13 of such coverage. The types and amounts of insurance coverage
8-14 required by the commission shall be based on the type and category
8-15 of licensed activity. The commission by rule may allow a licensee
8-16 to self-insure under Subsection (a) or (e) and by rule shall
8-17 establish standards for that self-insurance.
8-18 SECTION 7. Subsection (c), Section 116.072, Natural
8-19 Resources Code, is amended to read as follows:
8-20 (c) The commission by rule shall establish a reasonable,
8-21 nonrefundable annual registration and transfer fee for each CNG or
8-22 LNG cargo trailer, semitrailer, bobtail, and cylinder-delivery unit
8-23 registered or transferred as follows:
8-24 (1) the annual registration fee established by the
8-25 commission shall not be less than $100 nor more than $500; and
9-1 (2) the annual transfer fee established by the
9-2 commission shall not be less than $25 nor more than $100.
9-3 SECTION 8. This Act takes effect September 1, 1997.
9-4 SECTION 9. The importance of this legislation and the
9-5 crowded condition of the calendars in both houses create an
9-6 emergency and an imperative public necessity that the
9-7 constitutional rule requiring bills to be read on three several
9-8 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 634 passed the Senate on
March 13, 1997, by the following vote: Yeas 31, Nays 0.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 634 passed the House on
April 25, 1997, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor