1-1     By:  West                                             S.B. No. 1015
 1-2           (In the Senate - Filed March 1, 2001; March 5, 2001, read
 1-3     first time and referred to Committee on Natural Resources;
 1-4     March 15, 2001, reported favorably by the following vote:  Yeas 6,
 1-5     Nays 0; March 15, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the regulation of persons engaged in the sale of
 1-9     portable cylinders containing liquefied petroleum gas.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1.  Subdivision (12), Section 113.002, Natural
1-12     Resources Code, is amended to read as follows:
1-13                 (12)  "Representative" means the individual designated
1-14     to the commission by a license applicant or licensee as the
1-15     principal person in authority and, in the case of a licensee other
1-16     than a category "P" licensee, actively supervising the conduct of
1-17     the licensee's LPG activities.
1-18           SECTION 2.  Subsections (c), (e), (f), and (h), Section
1-19     113.087, Natural Resources Code, are amended to read as follows:
1-20           (c)  Each individual who will be actively supervising those
1-21     operations requiring any license under this chapter, other than a
1-22     category "P" license, at any outlet or location, as designated by
1-23     the commission, shall be required to provide good and sufficient
1-24     proof through examination prepared and administered by the
1-25     commission that the supervisor has a working knowledge of the
1-26     safety requirements and penalties in this chapter and the rules of
1-27     the commission which apply to that category of license.  Each
1-28     category "E" licensee who provides portable cylinders to a category
1-29     "P" licensee shall:
1-30                 (1)  prepare or obtain a manual covering the proper
1-31     procedures for handling LP-gas in the portable cylinder exchange
1-32     process;
1-33                 (2)  provide a copy of the manual to each outlet or
1-34     location of the category "P" licensee; and
1-35                 (3)  provide training regarding the contents of the
1-36     manual to each individual who will be actively supervising
1-37     operations requiring a category "P" license at each outlet or
1-38     location.
1-39           (e)  No licensee may employ or otherwise utilize any person
1-40     as a representative to the commission, nor as a supervisor or
1-41     employee in LPG-related activities, unless and until the person has
1-42     qualified by satisfactory completion of the examination or training
1-43     requirements, as applicable, established by this section.
1-44           (f)  The commission shall promulgate rules relating to
1-45     changes in representatives, supervisors, and employees, and may
1-46     permit temporary exemption from the examination or training
1-47     requirements, as applicable, for a maximum period of 45 days.
1-48           (h)  Satisfactory completion of any required examination or
1-49     training under this section shall accrue to the individual.
1-50           SECTION 3.  Subsection (f), Section 113.097, Natural
1-51     Resources Code, is amended to read as follows:
1-52           (f)  Each licensee, other than a category "P" licensee, [All
1-53     licensees] must acquire and maintain appropriate workers'
1-54     compensation or coverage for its employees under policies of
1-55     work-related accident, disability, and health insurance, including
1-56     coverage for death benefits, from an insurance carrier authorized
1-57     to provide coverage in this state, in the amounts required by the
1-58     commission.
1-59           SECTION 4.  This Act takes effect September 1, 2001.
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