BILL ANALYSIS

C.S.S.B. 1668

By: Hughes

Energy Resources

Committee Report (Substituted)

BACKGROUND AND PURPOSE

Concerns have been raised that due to the difficulty in obtaining licenses from the state for the dispensing of liquefied petroleum gas, many retail stores do not sell propane in Texas, which restricts opportunities for Texas consumers to refill at lower prices and at convenient times. Individuals who dispense propane in Texas receive training and certification based on the guidelines established by the Propane Education & Research Council and are required to fulfill licensing requirements through the Railroad Commission of Texas (RRC). The licensing process includes numerous obstacles for a retail employee seeking to obtain a license, making it difficult for retail stores that refill propane cylinders to properly staff and meet customer needs. C.S.S.B. 1668 seeks to address these concerns by requiring the RRC by rule to waive course of instruction, examination, and seminar license requirements for an applicant for a certificate for cylinder filling who meets specified qualifications in order to remove unnecessary licensing barriers and increase retailers' capacity to meet propane demand.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is expressly granted to the Railroad Commission of Texas in SECTION 2 of this bill.

ANALYSIS

C.S.S.B. 1668 amends the Natural Resources Code to require the Railroad Commission of Texas (RRC) by rule to waive course of instruction, examination, and seminar license requirements for an applicant for a certificate for cylinder filling who meets the following qualifications:

· the applicant has completed training consistent with the guidelines established by the Propane Education & Research Council;

· the applicant submits proof of completion of that training;

· the applicant submits an application for that type of certificate;

· the applicant pays the applicable original nonrefundable certification fee; and

· the applicant completes an examination for cylinder filling as follows:

o the examination is administered by the RRC;

o the examination is approved by the RRC as a comparable examination to the examination administered by the RRC and the applicant submits proof of the examination's completion to the RRC; or

o the examination uses council training and examination materials and the applicant submits proof of the examination's completion to the RRC.

EFFECTIVE DATE

September 1, 2021.

COMPARISON OF SENATE ENGROSSED AND SUBSTITUTE

While C.S.S.B. 1668 may differ from the engrossed in minor or nonsubstantive ways, the following summarizes the substantial differences between the engrossed and committee substitute versions of the bill.

The substitute differs from the engrossed by providing for the waiver of specified license requirements for an applicant for a certificate for cylinder filling, whereas the engrossed provided for the waiver of those requirements for an applicant for a license for cylinder filling.

The substitute includes the requirement for such an applicant to complete an examination that was not included in the engrossed.