By West S.B. No. 1015
77R5549 SMH-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. Section 113.097(f), Natural Resources Code, is
2-21 amended to read as follows:
2-22 (f) Each licensee, other than a category "P" licensee, [All
2-23 licensees] must acquire and maintain appropriate workers'
2-24 compensation or coverage for its employees under policies of
2-25 work-related accident, disability, and health insurance, including
2-26 coverage for death benefits, from an insurance carrier authorized
2-27 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.