By Driver                                             H.B. No. 2725
         77R6156 JJT-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the regulation of persons engaged in the sale of
 1-3     portable cylinders containing liquefied petroleum gas.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Section 113.002(12), Natural Resources Code, is
 1-6     amended to read as follows:
 1-7                 (12)  "Representative" means the individual designated
 1-8     to the commission by a license applicant or licensee as the
 1-9     principal person in authority and, in the case of a licensee other
1-10     than a category "P" licensee, actively supervising the conduct of
1-11     the licensee's LPG activities.
1-12           SECTION 2. Sections 113.087(c), (e), (f), and (h), Natural
1-13     Resources Code, are amended to read as follows:
1-14           (c)  Each individual who will be actively supervising those
1-15     operations requiring any license under this chapter, other than a
1-16     category "P" license, at any outlet or location, as designated by
1-17     the commission, shall be required to provide good and sufficient
1-18     proof through examination prepared and administered by the
1-19     commission that the supervisor has a working knowledge of the
1-20     safety requirements and penalties in this chapter and the rules of
1-21     the commission which apply to that category of license.  Each
1-22     category "E" licensee who provides portable cylinders to a category
1-23     "P" licensee shall:
1-24                 (1)  prepare or obtain a manual covering the proper
 2-1     procedures for handling LP-gas in the portable cylinder exchange
 2-2     process;
 2-3                 (2)  provide a copy of the manual to each outlet or
 2-4     location of the category "P" licensee; and
 2-5                 (3)  provide training regarding the contents of the
 2-6     manual to each individual who will be actively supervising
 2-7     operations requiring a category "P" license at each outlet or
 2-8     location.
 2-9           (e)  No licensee may employ or otherwise utilize any person
2-10     as a representative to the commission, nor as a supervisor or
2-11     employee in LPG-related activities, unless and until the person has
2-12     qualified by satisfactory completion of the examination or training
2-13     requirements, as applicable, established by this section.
2-14           (f)  The commission shall promulgate rules relating to
2-15     changes in representatives, supervisors, and employees, and may
2-16     permit temporary exemption from the examination or training
2-17     requirements, as applicable, for a maximum period of 45 days.
2-18           (h)  Satisfactory completion of any required examination or
2-19     training under this section shall accrue to the individual.
2-20           SECTION 3. This Act takes effect September 1, 2001.