By Flores H.B. No. 615
76R2131 SMH-D
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 113.084, Natural Resources Code, is
1-5 amended by adding Subsections (d) and (e) to read as follows:
1-6 (d) An applicant for a category "E" license must have held a
1-7 license under another category of license under Section 113.082 for
1-8 at least the two years preceding the date the applicant submitted
1-9 the application.
1-10 (e) An applicant for a category "E" license who is an
1-11 individual must:
1-12 (1) have a high school diploma or a high school
1-13 equivalency certificate; and
1-14 (2) present evidence satisfactory to the commission
1-15 that the applicant has at least 8,000 hours of:
1-16 (A) experience performing LPG-related
1-17 activities; or
1-18 (B) related technical training.
1-19 SECTION 2. Section 113.087, Natural Resources Code, is
1-20 amended by amending Subsections (a), (d), (j), and (k) and adding
1-21 Subsections (n)-(p) to read as follows:
1-22 (a) The satisfactory completion of the requirements of this
1-23 section is mandatory, and operations requiring an LP-gas license
1-24 may not commence, continue, or resume unless examination and
2-1 seminar requirements are fulfilled. An examination required by
2-2 this section must be conducted in the city of Austin under the
2-3 supervision of the commission. A person may not use any reference
2-4 materials while taking an examination.
2-5 (d) As determined by commission rule, each individual who is
2-6 or will be utilized by a licensee or a public employee of the
2-7 state, the federal government, or a state or federal subdivision in
2-8 LPG-related activities shall be required to provide good and
2-9 sufficient proof through examination prepared and administered by
2-10 the commission that the employee has a working knowledge of the
2-11 safety requirements in the rules of the commission relating to the
2-12 activity or activities. An individual whose registration is
2-13 revoked must comply with this subsection before the commission
2-14 issues a new registration. An individual who ceases to be employed
2-15 by a licensee for any reason must comply with this subsection
2-16 before the individual may engage in any LPG-related activities.
2-17 Should the commission determine that an individual has a history of
2-18 failure to comply with the requirements of this code or with the
2-19 rules of the commission, the commission shall promptly mail written
2-20 notification of failure to qualify for LP-gas employee
2-21 certification and the reasons therefor to the registrant. Written
2-22 notice by the commission, a written request for a hearing, and the
2-23 public hearing itself shall be governed by Section 113.091 [of this
2-24 code].
2-25 (j) If requested in writing by a person who fails the
2-26 licensing examination administered under this section, the
2-27 commission shall furnish the person with an analysis of the
3-1 person's performance on the examination. A person who fails an
3-2 examination required by this section may not retake the examination
3-3 more than two times.
3-4 (k) The commission, by appropriate rule, may require, in
3-5 addition to examination requirements as set out in Subsections (b),
3-6 (c), [and] (d), and (n) [of this section]:
3-7 (1) an examination for technical competence that is
3-8 validated by a recognized educational testing organization or
3-9 similar organization; or
3-10 (2) attendance at approved academic, trade,
3-11 professional, or commission-sponsored seminars, other continuing
3-12 education programs, and periodic reexaminations.
3-13 (n) An applicant for a category "D" license who is an
3-14 individual must provide good and sufficient proof through
3-15 examination prepared and administered by the commission that the
3-16 applicant is competent to install and repair piping and appliances.
3-17 (o) An applicant for a category "E" license who is an
3-18 individual must complete:
3-19 (1) an 80-hour course on the rules of the commission
3-20 that affect that category of license; and
3-21 (2) an 80-hour course of field training regarding the
3-22 activities authorized by that category of license.
3-23 (p) A category "D" or "E" licensee who is an individual must
3-24 annually complete at least six hours of continuing education
3-25 courses approved by the commission.
3-26 SECTION 3. Subchapter D, Chapter 113, Natural Resources
3-27 Code, is amended by adding Sections 113.100 and 113.101 to read as
4-1 follows:
4-2 Sec. 113.100. RETAIL AND WHOLESALE DEALERS REQUIRED TO
4-3 EMPLOY OR OTHERWISE CONTRACT WITH GENERAL INSTALLERS AND REPAIRMEN.
4-4 A category "E" licensee must employ or contract for the services of
4-5 a category "D" licensee.
4-6 Sec. 113.101. PROHIBITION ON UTILIZATION OF REGISTRANT WHOSE
4-7 REGISTRATION HAS BEEN REVOKED. A category "E" licensee may not
4-8 utilize a registrant whose registration has been revoked.
4-9 SECTION 4. Section 113.163(a), Natural Resources Code, is
4-10 amended to read as follows:
4-11 (a) If the commission finds that the licensee or registrant
4-12 has violated or failed to comply with or is violating or failing to
4-13 comply with this chapter or a rule or standard promulgated and
4-14 adopted under this chapter, or both, the commission may suspend the
4-15 license or registration for a definite period not to exceed 90 days
4-16 or may revoke the license or registration. If the commission
4-17 determines that no violation has occurred or is occurring, its
4-18 order shall so state. Whenever a license or registration is
4-19 revoked by order of the commission, a new license or registration
4-20 shall not be issued for at least 90 days from the effective date of
4-21 the order. Such time period shall be stated in the order. A
4-22 registrant whose registration is revoked may not engage in any
4-23 LPG-related activities.
4-24 SECTION 5. Subchapter H, Chapter 113, Natural Resources
4-25 Code, is amended by adding Section 113.237 to read as follows:
4-26 Sec. 113.237. LIMITATION ON IMPOSITION OF PENALTY ON
4-27 LICENSEE FOR EMPLOYEE VIOLATION. (a) The commission may not
5-1 impose on a licensee an administrative penalty under Section
5-2 81.0531 for a violation of this chapter or a rule or order adopted
5-3 or license, permit, or certificate issued under this chapter
5-4 committed or caused by an employee of the licensee unless the
5-5 commission also imposes on the employee a penalty under that
5-6 section in the same amount.
5-7 (b) The attorney general may not bring an action against a
5-8 licensee to impose a criminal penalty under this subchapter for a
5-9 violation of this chapter or a rule adopted under this chapter
5-10 committed or caused by an employee of the licensee unless the
5-11 attorney general also brings an action against the employee to
5-12 impose a criminal penalty under this subchapter.
5-13 SECTION 6. (a) Except as otherwise provided by this
5-14 section, this Act takes effect September 1, 1999.
5-15 (b) Sections 113.084(d) and (e) and 113.087(n) and (o),
5-16 Natural Resources Code, as added by this Act, apply only to a
5-17 person who submits an application on or after the effective date of
5-18 this Act. A person who submitted an application before the
5-19 effective date of this Act is governed by the law in effect on the
5-20 date the application was submitted, and that law is continued in
5-21 effect for that purpose.
5-22 (c) Section 113.087(j), Natural Resources Code, as amended
5-23 by this Act, applies to an examination taken before, on, or after
5-24 the effective date of this Act.
5-25 (d) Section 113.087(p), Natural Resources Code, as added by
5-26 this Act, takes effect January 1, 2000.
5-27 (e) Section 113.237, Natural Resources Code, as added by
6-1 this Act, applies only to a violation on or after the effective
6-2 date of this Act of Chapter 113, Natural Resources Code, or a rule
6-3 or order adopted or license, permit, or certificate issued under
6-4 that chapter committed or caused by an employee of a licensee. A
6-5 violation before the effective date of this Act of Chapter 113,
6-6 Natural Resources Code, or a rule or order adopted or license,
6-7 permit, or certificate issued under that chapter committed or
6-8 caused by an employee of a licensee is governed by the law in
6-9 effect on the date the violation occurred, and that law is
6-10 continued in effect for that purpose.
6-11 SECTION 7. The importance of this legislation and the
6-12 crowded condition of the calendars in both houses create an
6-13 emergency and an imperative public necessity that the
6-14 constitutional rule requiring bills to be read on three several
6-15 days in each house be suspended, and this rule is hereby suspended.