H.B. No. 473
relating to examinations for licenses to engage in certain
liquefied petroleum gas-related activities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 113.087(a)-(d), Natural Resources
Code, are amended to read as follows:
(a) The satisfactory completion of the requirements of this
section is mandatory, and operations requiring an LP-gas license
may not commence, continue, or resume unless examination and
seminar requirements are fulfilled. The commission shall prepare,
administer, and grade or review an examination required by this
section or contract with a testing service to prepare, administer,
and grade or review the examination.
(b) Before license issuance, the commission shall require
the individual designated as the licensee's representative to the
commission to provide good and sufficient proof through examination
prepared and administered by the commission] of working knowledge
of this chapter and rules of the commission which affect the type of
license for which application is made. Thereafter, each licensee
shall maintain a qualified representative at all times.
(c) Each individual who will be actively supervising those
operations requiring any license under this chapter, other than a
license under Section 113.082(a)(16) [ category "P" license], at any
outlet or location, as designated by the commission, shall be
required to provide good and sufficient proof through examination
[ prepared and administered by the commission] that the supervisor
has a working knowledge of the safety requirements and penalties in
this chapter and the rules of the commission which apply to that
type of license. Each [ category "E"] licensee under Section
113.082(a)(5) who provides portable cylinders to a [ category "P"]
licensee under Section 113.082(a)(16) shall:
(1) prepare or obtain a manual approved by the
commission covering the proper procedures for handling LP-gas in
the portable cylinder exchange process;
(2) provide a copy of the manual to each outlet or
location of the [ category "P"] licensee under Section
(3) provide training approved by the commission
regarding the contents of the manual to each individual who will be
actively supervising operations requiring a [ category "P"] license
under Section 113.082(a)(16) at each outlet or location.
(d) As determined by commission rule, each individual who is
or will be utilized by a licensee or a public employee of the state,
the federal government, or a state or federal subdivision in
LPG-related activities shall be required to provide good and
sufficient proof through examination [ prepared and administered by
the commission] that the employee has a working knowledge of the
safety requirements in the rules of the commission relating to the
activity or activities. Should the commission determine that an
individual has a history of failure to comply with the requirements
of this code or with the rules of the commission, the commission
shall promptly mail written notification of failure to qualify for
LP-gas employee certification and the reasons therefor to the
registrant. Written notice by the commission, a written request
for a hearing, and the public hearing itself shall be governed by
Section 113.091 [ of this code].
SECTION 2. Section 113.088(b), Natural Resources Code, is
amended to read as follows:
(b) Before seminar attendance or examination of any person,
except as provided by this subsection or [ in] Subsection (c) [ of
this section], the commission shall receive a nonrefundable fee for
each examination or seminar registration. If the examination is
administered by a testing service, the testing service may
administer the examination before the commission receives the fee.
A testing service that administers an examination shall collect a
nonrefundable fee for the examination before the examination is
administered and shall forward the fee to the commission not later
than the fifth business day after the date the testing service
receives the fee.
SECTION 3. This Act takes effect September 1, 2005.
President of the Senate Speaker of the House
I certify that H.B. No. 473 was passed by the House on March
31, 2005, by a non-record vote.
Chief Clerk of the House
I certify that H.B. No. 473 was passed by the Senate on May
25, 2005, by the following vote: Yeas 31, Nays 0.
Secretary of the Senate