By Bivins                                             S.B. No. 1184
         76R6338 SMJ-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the activities permitted under certain liquefied
 1-3     petroleum gas licenses.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Sections 113.082 and 113.102, Natural Resources
 1-6     Code, are amended to read as follows:
 1-7           Sec. 113.082.  CATEGORIES OF LICENSEE; FEES.  A prospective
 1-8     licensee in LPG may apply to the LPG division for a license to
 1-9     engage in any one or more of the following categories:
1-10                 (A)  container manufacturers/fabricators: the
1-11     manufacture, fabrication, assembly, repair, installation,
1-12     subframing, testing, and sale of LPG containers, including LPG
1-13     motor or mobile fuel containers and systems, and the repair and
1-14     installation of transport and transfer systems; and the category
1-15     "A" application and original license fee is an amount not to exceed
1-16     $1,000 as determined by the commission; the annual renewal license
1-17     fee is an amount not to exceed $600 as determined by the
1-18     commission;
1-19                 (B)  transport outfitters: the subframing, testing, and
1-20     sale of LPG transport containers, the testing of LPG storage
1-21     containers, the installation, testing, and sale of LPG motor or
1-22     mobile fuel containers and systems, and the installation and repair
1-23     of transport systems, and motor or mobile fuel systems; the
1-24     category "B" application and original license fee is an amount not
 2-1     to exceed $400 as determined by the commission; the annual renewal
 2-2     license fee is an amount not to exceed $200 as determined by the
 2-3     commission;
 2-4                 (C)  carriers: the transportation of LPG by transport,
 2-5     including the loading and unloading of LPG, and the installation
 2-6     and repair of transport systems; the category "C" application and
 2-7     original license fee is an amount not to exceed $1,000 as
 2-8     determined by the commission; the annual renewal license fee is an
 2-9     amount not to exceed $300 as determined by the commission;
2-10                 (D)  general installers and repairmen: the sale,
2-11     service, and installation of containers, excluding motor fuel
2-12     containers, and the service, installation, and repair of piping,
2-13     certain appliances as defined by rule, excluding recreational
2-14     vehicle appliances and LPG systems, excluding motor fuel and
2-15     recreational vehicle systems; the category "D" application and
2-16     original license fee is an amount not to exceed $100 as determined
2-17     by the commission; the annual renewal license fee is an amount not
2-18     to exceed $70 as determined by the commission;
2-19                 (E)  retail and wholesale dealers: the storage, sale,
2-20     transportation, and distribution of LPG at retail and wholesale,
2-21     and all other activities included in this section except the
2-22     manufacture, fabrication, assembly, repair, subframing, and testing
2-23     of LPG containers, and except the sale and installation of LPG
2-24     motors or mobile fuel systems that have an engine with a rating of
2-25     more than 25 horsepower; the category "E" application and original
2-26     license fee is an amount not to exceed $750 as determined by the
2-27     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
3-27     operation of a cylinder-filling facility, including cylinder
 4-1     filling and the sale, transportation, installation, and connection
 4-2     of LPG in cylinders, the replacement of cylinder valves, and the
 4-3     operation of an LPG service station as set out in category "G"; the
 4-4     category "J" application and original license fee is an amount not
 4-5     to exceed $1,000 as determined by the commission; the annual
 4-6     renewal license fee is an amount not to exceed $300 as determined
 4-7     by the commission;
 4-8                 (K)  distribution system:  the sale and distribution of
 4-9     LPG through mains or pipes and the installation and repair of LPG
4-10     systems; the category "K" application and original license fee is
4-11     an amount not to exceed $1,000 as determined by the commission; the
4-12     annual renewal license fee is an amount not to exceed $300 as
4-13     determined by the commission;
4-14                 (L)  engine fuel:  the sale and installation of LPG
4-15     motor or mobile fuel containers, and the sale and installation of
4-16     LPG motor or mobile fuel systems; the category "L" application and
4-17     original license fee is an amount not to exceed $100 as determined
4-18     by the commission; the annual renewal license fee is an amount not
4-19     to exceed $50 as determined by the commission;
4-20                 (M)  recreational vehicle installers and repairmen:
4-21     the sale, service, and installation of recreational vehicle
4-22     containers, and the installation, repair, and service of
4-23     recreational vehicle appliances, piping, and LPG systems, including
4-24     recreational vehicle motor or mobile fuel systems and containers;
4-25     the category "M" application and original license fee is an amount
4-26     not to exceed $100 as determined by the commission; the annual
4-27     renewal license fee is an amount not to exceed $70 as determined by
 5-1     the commission;
 5-2                 (N)  manufactured housing installers and repairmen:
 5-3     the service and installation of containers that supply fuel to
 5-4     manufactured housing, and the installation, repair, and service of
 5-5     appliances and piping systems for manufactured housing; the
 5-6     category "N" application and original license fee is an amount not
 5-7     to exceed $100 as determined by the commission; the annual renewal
 5-8     license fee is an amount not to exceed $70 as determined by the
 5-9     commission;
5-10                 (O)  testing laboratory:  the testing of an LP-gas
5-11     container, LP-gas motor fuel systems or mobile fuel systems,
5-12     transfer systems, and transport systems for the purpose of
5-13     determining the safety of the container or systems for LP-gas
5-14     service, including the necessary installation, disconnection,
5-15     reconnecting, testing, and repair of LPG motor fuel systems or
5-16     mobile fuel systems, transfer systems, and transport systems
5-17     involved in the testing of containers; the category "O" application
5-18     and original license fee is an amount not to exceed $400 as
5-19     determined by the commission; the annual renewal license fee is an
5-20     amount not to exceed $100 as determined by the commission; or
5-21                 (P)  portable cylinder exchange:  the operation of a
5-22     portable cylinder exchange service, where the sale of LP-gas is
5-23     within a portable cylinder with an LP-gas capacity not to exceed 21
5-24     pounds; the portable cylinders are not filled on site, and no other
5-25     LP-gas activity requiring a license is conducted; the category "P"
5-26     application and original license fee is an amount not to exceed
5-27     $100 as determined by the commission; the annual renewal license
 6-1     fee is an amount not to exceed $50 as determined by the commission.
 6-2           Sec. 113.102.  ADDITIONAL ACTIVITIES PERMITTED UNDER CATEGORY
 6-3     "E" LICENSES.  The commission by rule may permit a category "E"
 6-4     licensee whose license was issued before September 1, 1999, to
 6-5     perform for a reasonable period an activity described by category
 6-6     "L" of Section 113.082.  This section expires September 1, 2001
 6-7     [PRIOR LICENSES.  All prior LP-gas licenses authorizing portable
 6-8     cylinder exchange activities shall, on an applicant's compliance
 6-9     with the renewal procedure set out in this chapter, be converted to
6-10     a license identified as category "P"].
6-11           SECTION 2.  The change in law made by this Act applies to a
6-12     license issued under Chapter 113, Natural Resources Code, before,
6-13     on, or after the effective date of this Act.
6-14           SECTION 3.  This Act takes effect September 1, 1999.
6-15           SECTION 4.  The importance of this legislation and the
6-16     crowded condition of the calendars in both houses create an
6-17     emergency and an imperative public necessity that the
6-18     constitutional rule requiring bills to be read on three several
6-19     days in each house be suspended, and this rule is hereby suspended.