By:  West (Senate Sponsor - Armbrister)                           H.B. No. 473
	(In the Senate - Received from the House April 4, 2005; 
April 6, 2005, read first time and referred to Committee on Natural 
Resources; May 18, 2005, reported favorably by the following vote:  
Yeas 7, Nays 0; May 18, 2005, sent to printer.)


A BILL TO BE ENTITLED

AN ACT


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 
113.082(a)(16); and
		(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.                           



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