By Brown S.B. No. 634
75R6409 T
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the classification of certain liquefied petroleum gas
1-3 activities; insurance requirements for liquefied petroleum gas,
1-4 compressed natural gas, and liquefied natural gas licensees; and
1-5 registration and transfer fees for liquefied petroleum gas,
1-6 compressed natural gas, and liquefied natural gas transportation
1-7 vehicles.
1-8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-9 SECTION 1. Section 113.097, Natural Resources Code, is
1-10 amended as follows:
1-11 (21) "Portable cylinder" means a receptacle
1-12 constructed to United States Department of Transportation
1-13 specifications, designed to be moved readily, and used for the
1-14 storage of LPG for connection to an appliance or an LPG system,
1-15 excluding a cylinder designed for use on a forklift or similar
1-16 equipment.
1-17 SECTION 2. Section 113.082, Natural Resources Code, is
1-18 amended by amending Subdivisions (F), (I), (J), and by adding
1-19 Subdivision (P) to read as follows:
1-20 (F) cylinder filling [or cylinder exchange]:
1-21 the operation of a cylinder filling [or cylinder-exchange] facility
1-22 [dealership], including cylinder filling, the sale of LPG in
1-23 cylinders, and the replacement of a cylinder valve; the category
1-24 "F" application and original license fee is an amount not to exceed
2-1 $100 as determined by the commission; the annual renewal license
2-2 fee is an amount not to exceed $50 as determined by the commission;
2-3 (I) service station and cylinder filling [or
2-4 cylinder exchange]: any service station and cylinder activity set
2-5 out in categories "F" and "G" of this section; the category "I"
2-6 application and original license fee is an amount not to exceed
2-7 $150 as determined by the commission; the annual renewal license
2-8 fee is an amount not to exceed $70 as determined by the commission;
2-9 (J) service station and cylinder facilities
2-10 [dealerships]: the operation of a cylinder-filling [or
2-11 cylinder-exchange] facility [dealership], including cylinder
2-12 filling and the sale, transportation, installation, and connection
2-13 of LPG in cylinders, the replacement of cylinder valves, and the
2-14 operation of an LPG service station as set out in category "G"; the
2-15 category "J" application and original license fee is an amount not
2-16 to exceed $1,000 as determined by the commission; the annual
2-17 renewal license fee is an amount not to exceed $300 as determined
2-18 by the commission;
2-19 (P) portable cylinder exchange: the operation
2-20 of a portable cylinder exchange service, where the sale of LP-gas
2-21 is within a portable cylinder with an LP-gas capacity not to exceed
2-22 21 pounds; the portable cylinders are not filled on site, and no
2-23 other LP-gas activity requiring a license is conducted; the
2-24 category "P" application and original license fee is an amount not
2-25 to exceed $100 as determined by the commission; the annual renewal
2-26 license fee is an amount not to exceed $50 as determined by the
2-27 commission.
3-1 SECTION 3. Section 113.102, Natural Resources Code, is
3-2 amended to read as follows:
3-3 All prior LP-gas licenses authorizing portable cylinder
3-4 exchange activities shall, on an applicant's compliance with the
3-5 renewal procedure set out in this chapter, be converted to a
3-6 license identified as category "P".
3-7 [(a) Except as provided in Subsection (c) of this section,
3-8 all prior LP-gas licenses authorizing activities previously defined
3-9 by this chapter as Categories 1 through 12 shall, on an applicant's
3-10 compliance with the renewal procedure set out in this chapter, be
3-11 converted to a license identified by category letter as specified
3-12 in Subsection (b) of this section.]
3-13 [(b) A category "I" license shall become a category "A"
3-14 license, and a category "4" shall become a category "C"; a "5," a
3-15 "D"; a "6," an "E"; an "8," an "F"; a "9," a "G"; a "10," a "K"; an
3-16 "11," an "H"; an "8" and "9," an "I"; an "8," "9," "11," and "12,"
3-17 a "J"; and an "8," "9," "11," and "5," a "J"; a "7," an "L", as
3-18 those letter categories as defined in Section 113.082 of this code.]
3-19 [(c) Previously issued licenses designated as authorizing
3-20 category "2" or "3" activities shall expire.]
3-21 SECTION 4. Section 113.097, Natural Resources Code, is
3-22 amended by adding Subdivision (k) to read as follows:
3-23 (k) The commission by rule may allow licensees to
3-24 self-insure under subsections (d), (e), and (f) of this section and
3-25 shall by rule establish standards for such self-insurance.
3-26 SECTION 5. Section 113.131(d), Natural Resources Code, is
3-27 amended to read as follows:
4-1 (d) The commission, by rule, shall establish reasonable,
4-2 nonrefundable annual registration and transfer fees for each LP-gas
4-3 cargo trailer, semitrailer, bobtail, and cylinder-delivery unit
4-4 registered or transferred.
4-5 (1) The annual registration fee established by the
4-6 commission shall not be less than $100, nor more than $300.
4-7 (2) The annual transfer fee established by the
4-8 commission shall not be less than $25, nor more than $100.
4-9 SECTION 6. Section 116.036(c), Natural Resources Code, is
4-10 amended to read as follows:
4-11 (c) The commission shall adopt rules establishing specific
4-12 requirements for insurance coverage under this chapter and evidence
4-13 of such coverage. The types and amounts of insurance coverage
4-14 required by the commission shall be based on the type and category
4-15 of licensed activity. The commission by rule may allow licensees
4-16 to self-insure under subsections (a) and (e) of this section and
4-17 shall by rule establish standards for such self-insurance.
4-18 SECTION 7. Section 116.072(c), Natural Resources Code, is
4-19 amended to read as follows:
4-20 (c) The commission by rule shall establish a reasonable,
4-21 nonrefundable annual registration and transfer fee for each CNG or
4-22 LNG cargo trailer, semitrailer, bobtail, and cylinder-delivery unit
4-23 registered or transferred as follows:
4-24 (1) The annual registration fee established by the
4-25 commission shall not be less than $100, nor more than $500; and
4-26 (2) The annual transfer fee established by the
4-27 commission shall not be less than $25, nor more than $100.
5-1 SECTION 8. This Act takes effect on September 1, 1997.
5-2 SECTION 9. The importance of this legislation and the
5-3 crowded condition of the calendars in both houses create an
5-4 emergency and an imperative public necessity that the
5-5 constitutional rule requiring bills to be read on three several
5-6 days in each house be suspended, and this rule is hereby suspended.