By:  West, Staples                                    S.B. No. 1015
                                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.  Subdivision (12), Section 113.002, Natural
 1-6     Resources Code, is 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.  Subsections (c), (e), (f), and (h), Section
1-13     113.087, Natural 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 approved by the
1-25     commission covering the proper procedures for handling LP-gas in
 2-1     the portable cylinder exchange process;
 2-2                 (2)  provide a copy of the manual to each outlet or
 2-3     location of the category "P" licensee; and
 2-4                 (3)  provide training approved by the commission
 2-5     regarding the contents of the manual to each individual who will be
 2-6     actively supervising operations requiring a category "P" license at
 2-7     each outlet or location.
 2-8           (e)  No licensee may employ or otherwise utilize any person
 2-9     as a representative to the commission, nor as a supervisor or
2-10     employee in LPG-related activities, unless and until the person has
2-11     qualified by satisfactory completion of the examination or training
2-12     requirements, as applicable, established by this section.
2-13           (f)  The commission shall promulgate rules relating to
2-14     changes in representatives, supervisors, and employees, and may
2-15     permit temporary exemption from the examination or training
2-16     requirements, as applicable, for a maximum period of 45 days.
2-17           (h)  Satisfactory completion of any required examination or
2-18     training under this section shall accrue to the individual.
2-19           SECTION 3.  Subsection (f), Section 113.097, Natural
2-20     Resources Code, is amended to read as follows:
2-21           (f)  Each licensee, other than a category "P" licensee, [All
2-22     licensees] must acquire and maintain appropriate workers'
2-23     compensation or coverage for its employees under policies of
2-24     work-related accident, disability, and health insurance, including
2-25     coverage for death benefits, from an insurance carrier authorized
2-26     to provide coverage in this state, in the amounts required by the
 3-1     commission.
 3-2           SECTION 4.  This Act takes effect September 1, 2001.