By: Bivins S.B. No. 1184
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the activities permitted under certain liquefied
1-2 petroleum gas licenses.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Sections 113.082 and 113.102, Natural Resources
1-5 Code, are amended to read as follows:
1-6 Sec. 113.082. CATEGORIES OF LICENSEE; FEES. A prospective
1-7 licensee in LPG may apply to the LPG division for a license to
1-8 engage in any one or more of the following categories:
1-9 (A) container manufacturers/fabricators: the
1-10 manufacture, fabrication, assembly, repair, installation,
1-11 subframing, testing, and sale of LPG containers, including LPG
1-12 motor or mobile fuel containers and systems, and the repair and
1-13 installation of transport and transfer systems; and the category
1-14 "A" application and original license fee is an amount not to exceed
1-15 $1,000 as determined by the commission; the annual renewal license
1-16 fee is an amount not to exceed $600 as determined by the
1-17 commission;
1-18 (B) transport outfitters: the subframing, testing,
1-19 and sale of LPG transport containers, the testing of LPG storage
1-20 containers, the installation, testing, and sale of LPG motor or
1-21 mobile fuel containers and systems, and the installation and repair
1-22 of transport systems, and motor or mobile fuel systems; the
1-23 category "B" application and original license fee is an amount not
1-24 to exceed $400 as determined by the commission; the annual renewal
2-1 license fee is an amount not to exceed $200 as determined by the
2-2 commission;
2-3 (C) carriers: the transportation of LPG by transport,
2-4 including the loading and unloading of LPG, and the installation
2-5 and repair of transport systems; the category "C" application and
2-6 original license fee is an amount not to exceed $1,000 as
2-7 determined by the commission; the annual renewal license fee is an
2-8 amount not to exceed $300 as determined by the commission;
2-9 (D) general installers and repairmen: the sale,
2-10 service, and installation of containers, excluding motor fuel
2-11 containers, and the service, installation, and repair of piping,
2-12 certain appliances as defined by rule, excluding recreational
2-13 vehicle appliances and LPG systems, excluding motor fuel and
2-14 recreational vehicle systems; the category "D" application and
2-15 original license fee is an amount not to exceed $100 as determined
2-16 by the commission; the annual renewal license fee is an amount not
2-17 to exceed $70 as determined by the commission;
2-18 (E) retail and wholesale dealers: the storage, sale,
2-19 transportation, and distribution of LPG at retail and wholesale,
2-20 and all other activities included in this section except the
2-21 manufacture, fabrication, assembly, repair, subframing, and testing
2-22 of LPG containers, and except the sale and installation of LPG
2-23 motor or mobile fuel systems that have an engine with a rating of
2-24 more than 25 horsepower; the category "E" application and original
2-25 license fee is an amount not to exceed $750 as determined by the
2-26 commission; the annual renewal license fee is an amount not to
3-1 exceed $300 as determined by the commission;
3-2 (F) cylinder filling: the operation of a
3-3 cylinder-filling facility, including cylinder filling, the sale of
3-4 LPG in cylinders, and the replacement of a cylinder valve; the
3-5 category "F" application and original license fee is an amount not
3-6 to exceed $100 as determined by the commission; the annual renewal
3-7 license fee is an amount not to exceed $50 as determined by the
3-8 commission;
3-9 (G) service station: the operation of an LPG service
3-10 station filling ASME containers designed for motor and mobile fuel;
3-11 the category "G" application and original license fee is an amount
3-12 not to exceed $100 as determined by the commission; the annual
3-13 renewal license fee is an amount not to exceed $50 as determined by
3-14 the commission;
3-15 (H) cylinder dealers: the transportation and sale of
3-16 LPG in cylinders; the category "H" application and original license
3-17 fee is an amount not to exceed $1,000 as determined by the
3-18 commission; the annual renewal license fee is an amount not to
3-19 exceed $300 as determined by the commission;
3-20 (I) service station and cylinder filling: any service
3-21 station and cylinder activity set out in categories "F" and "G" of
3-22 this section; the category "I" application and original license fee
3-23 is an amount not to exceed $150 as determined by the commission;
3-24 the annual renewal license fee is an amount not to exceed $70 as
3-25 determined by the commission;
3-26 (J) service station and cylinder facilities: the
4-1 operation of a cylinder-filling facility, including cylinder
4-2 filling and the sale, transportation, installation, and connection
4-3 of LPG in cylinders, the replacement of cylinder valves, and the
4-4 operation of an LPG service station as set out in category "G"; the
4-5 category "J" application and original license fee is an amount not
4-6 to exceed $1,000 as determined by the commission; the annual
4-7 renewal license fee is an amount not to exceed $300 as determined
4-8 by the commission;
4-9 (K) distribution system: the sale and distribution of
4-10 LPG through mains or pipes and the installation and repair of LPG
4-11 systems; the category "K" application and original license fee is
4-12 an amount not to exceed $1,000 as determined by the commission; the
4-13 annual renewal license fee is an amount not to exceed $300 as
4-14 determined by the commission;
4-15 (L) engine fuel: the sale and installation of LPG
4-16 motor or mobile fuel containers, and the sale and installation of
4-17 LPG motor or mobile fuel systems; the category "L" application and
4-18 original license fee is an amount not to exceed $100 as determined
4-19 by the commission; the annual renewal license fee is an amount not
4-20 to exceed $50 as determined by the commission;
4-21 (M) recreational vehicle installers and repairmen:
4-22 the sale, service, and installation of recreational vehicle
4-23 containers, and the installation, repair, and service of
4-24 recreational vehicle appliances, piping, and LPG systems, including
4-25 recreational vehicle motor or mobile fuel systems and containers;
4-26 the category "M" application and original license fee is an amount
5-1 not to exceed $100 as determined by the commission; the annual
5-2 renewal license fee is an amount not to exceed $70 as determined by
5-3 the commission;
5-4 (N) manufactured housing installers and repairmen:
5-5 the service and installation of containers that supply fuel to
5-6 manufactured housing, and the installation, repair, and service of
5-7 appliances and piping systems for manufactured housing; the
5-8 category "N" application and original license fee is an amount not
5-9 to exceed $100 as determined by the commission; the annual renewal
5-10 license fee is an amount not to exceed $70 as determined by the
5-11 commission;
5-12 (O) testing laboratory: the testing of an LP-gas
5-13 container, LP-gas motor fuel systems or mobile fuel systems,
5-14 transfer systems, and transport systems for the purpose of
5-15 determining the safety of the container or systems for LP-gas
5-16 service, including the necessary installation, disconnection,
5-17 reconnecting, testing, and repair of LPG motor fuel systems or
5-18 mobile fuel systems, transfer systems, and transport systems
5-19 involved in the testing of containers; the category "O" application
5-20 and original license fee is an amount not to exceed $400 as
5-21 determined by the commission; the annual renewal license fee is an
5-22 amount not to exceed $100 as determined by the commission; or
5-23 (P) portable cylinder exchange: the operation of a
5-24 portable cylinder exchange service, where the sale of LP-gas is
5-25 within a portable cylinder with an LP-gas capacity not to exceed 21
5-26 pounds; the portable cylinders are not filled on site, and no other
6-1 LP-gas activity requiring a license is conducted; the category "P"
6-2 application and original license fee is an amount not to exceed
6-3 $100 as determined by the commission; the annual renewal license
6-4 fee is an amount not to exceed $50 as determined by the commission.
6-5 Sec. 113.102. ADDITIONAL ACTIVITIES PERMITTED UNDER CATEGORY
6-6 "E" LICENSES. The commission by rule may permit a category "E"
6-7 licensee whose license was issued before September 1, 1999, to
6-8 perform for a reasonable period an activity described by category
6-9 "L" of Section 113.082. This section expires September 1, 2001
6-10 [PRIOR LICENSES. All prior LP-gas licenses authorizing portable
6-11 cylinder exchange activities shall, on an applicant's compliance
6-12 with the renewal procedure set out in this chapter, be converted to
6-13 a license identified as category "P"].
6-14 SECTION 2. The change in law made by this Act applies to a
6-15 license issued under Chapter 113, Natural Resources Code, before,
6-16 on, or after the effective date of this Act.
6-17 SECTION 3. This Act takes effect September 1, 1999.
6-18 SECTION 4. The importance of this legislation and the
6-19 crowded condition of the calendars in both houses create an
6-20 emergency and an imperative public necessity that the
6-21 constitutional rule requiring bills to be read on three several
6-22 days in each house be suspended, and this rule is hereby suspended.