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.