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.
1-60 * * * * *