SRC-MKV S.B. 1015 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 1015
77R5549 SMH-DBy: West, Royce
Natural Resources
3/12/2001
As Filed


DIGEST AND PURPOSE 

Under current Texas law, vendors of liquified propane gas (LPG) cylinders
are categorized as category "P" licensees.  Such a licensee is authorized
to engage in the operation of a portable cylinder exchange service, where
the sale of LP-gas is within a portable cylinder with a capacity not to
exceed 21 pounds; the cylinders are not filled on site; and no other LPG
activity requiring a license is conducted.  The licensee is required to
have a designated representative to the Texas Railroad Commission
(commission) and an individual actively supervising the operation on site
who has demonstrated to the commission, through an examination prepared and
administered by the commission, that the supervisor has a working knowledge
of the safety requirements and penalties of the applicable statutes.  Each
employee of a licensee in LPG-related activities is also required to pass a
commission-administered examination.  Currently, there are no follow-up
procedures or examinations and no manual containing standard operating
procedures. 

Additionally, each category "P" licensee is required to carry workers'
compensation insurance or an appropriate alternative for employees who are
involved in the sale of portable LPG cylinders.  S.B. 1015 removes the site
manager licensing requirement from the regulations governing category "P"
licensees.  The bill also provides that distributors and suppliers, who
hold category "E" licenses, are responsible for preparing or obtaining a
standard operating procedures manual to supply to category "P" sites and
for training retail site representatives.  S.B. 1015 also eliminates the
requirement that category "P" licensees carry workers' compensation
coverage particular to the sale of LPG cylinders.  
RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 113.002(12), Natural Resources Code, to redefine
"representative." 

SECTION 2.  Amends Sections 113.087(c), (e), (f), and (h), Natural
Resources Code, as follows: 

(c) Adds language to require each category "E" licensee who provides
portable cylinders to a category "P" licensee to meet certain requirements.
Makes a conforming change. 

(e) Adds language to provide that no licensee may employ or otherwise
utilize any person as a representative to the Railroad Commission of Texas,
nor as a supervisor or employee in LPG-related activities, unless and until
the person has qualified by satisfactory completion of the examination or
training requirements, as applicable, established by this section. 

 (f) Makes conforming changes.

 (h) Makes conforming changes.

SECTION 3.  Amends Section 113.097(f), Natural Resources Code, to make a
conforming change. 

 SECTION 4.  Effective date: September 1, 2001.