NATURAL RESOURCES CODE
CHAPTER 113. LIQUEFIED PETROLEUM GAS
SUBCHAPTER A. GENERAL PROVISIONS
§ 113.001. TITLE. This chapter may be cited as the
Liquefied Petroleum Gas Code or LPG Code.
Amended by Acts 1979, 66th Leg., p. 2031, ch. 799, § 1, eff.
Sept. 1, 1980.
§ 113.002. DEFINITIONS. In this chapter:
(1) "Commission" means the Railroad Commission of
Texas.
(2) Repealed by Acts 2001, 77th Leg., ch. 1233, § 76(2),
eff. Sept. 1, 2001.
(3) "Employee" means any individual who renders or
performs any services or labor for compensation and includes
individuals hired on a part-time or temporary basis or a full-time
or permanent basis including an owner-employee.
(4) "Liquefied petroleum gas," "LPG," or "LP-gas"
means any material that is composed predominantly of any of the
following hydrocarbons or mixtures of hydrocarbons: propane,
propylene, normal butane, isobutane, and butylenes.
(5) "Container" means any receptacle designed for the
transportation or storage of LPG or any receptacle designed for the
purpose of receiving injections of LPG for use or consumption by or
through an LPG system.
(6) "Appliance" means any apparatus or fixture that
uses or consumes LPG furnished or supplied by an LPG system to which
it is connected or attached.
(7) "LPG system" means all piping, fittings, valves,
and equipment, excluding containers and appliances, that connect
one or more containers to one or more appliances that use or consume
LPG.
(8) "Transport system" means any and all piping,
fittings, valves, and equipment on a transport, excluding the
container.
(9) "Transfer system" means all piping, fittings,
valves, and equipment utilized in dispensing LPG between
containers.
(10) "Transport" means any bobtail or semitrailer
equipped with one or more containers.
(11) "Subframing" means the attachment of supporting
structural members to the pads of a container but does not include
welding directly to or on the container.
(12) "Representative" means the individual designated
to the commission by a license applicant or licensee as the
principal person in authority and, in the case of a licensee other
than a category "P" licensee, actively supervising the conduct of
the licensee's LPG activities.
(13) "Person" means any individual, partnership,
firm, corporation, association, or any other business entity, a
state agency or institution, county, municipality, school
district, or other governmental subdivision.
(14) "Registrant" means any person exempt from the
licensing requirements, as established by rule pursuant to Section
113.081 of this code, who is required to register with the
commission, any person qualified by examination by the commission,
or any person who applies for registration with the commission.
(15) "Intermodal portable tank" means a portable tank
built according to the United States Department of Transportation
specifications and designed primarily for international intermodal
use.
(16) "Intermodal container" means a freight container
designed and constructed for interchangeable use in two or more
modes of transport.
(17) "Mobile fuel system" means an LPG system,
excluding the container, to supply LP-gas as a fuel to an auxiliary
engine other than the engine to propel the vehicle or for other uses
on the vehicle.
(18) "Mobile fuel container" means an LPG container
mounted on a vehicle to store LPG as the fuel supply to an auxiliary
engine other than the engine to propel the vehicle or for other uses
on the vehicle.
(19) "Motor fuel system" means an LPG system,
excluding the container, to supply LP-gas as a fuel to an engine
used to propel the vehicle.
(20) "Motor fuel container" means an LPG container
mounted on a vehicle to store LPG as the fuel supply to an engine
used to propel the vehicle.
(21) "Portable cylinder" means a receptacle
constructed to United States Department of Transportation
specifications, designed to be moved readily, and used for the
storage of LPG for connection to an appliance or an LPG system. The
term does not include a cylinder designed for use on a forklift or
similar equipment.
Amended by Acts 1979, 66th Leg., p. 2031, ch. 799, § 1, eff.
Sept. 1, 1980; Acts 1987, 70th Leg., ch. 325, § 1, eff. June 11,
1987; Acts 1991, 72nd Leg., ch. 725, § 1, eff. Aug. 26, 1991;
Acts 1993, 73rd Leg., ch. 1016, § 1, eff. Sept. 1, 1993; Acts
1997, 75th Leg., ch. 66, § 1, eff. Sept. 1, 1997; Acts 2001, 77th
Leg., ch. 611, § 1, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch.
1233, § 76(2), eff. Sept. 1, 2001.
§ 113.003. EXCEPTIONS. (a) None of the provisions of
this chapter apply to:
(1) the production, refining, or manufacture of LPG;
(2) the storage, sale, or transportation of LPG by
pipeline or railroad tank car by a pipeline company, producer,
refiner, or manufacturer;
(3) equipment used by a pipeline company, producer,
refiner, or manufacturer in a producing, refining, or manufacturing
process or in the storage, sale, or transportation by pipeline or
railroad tank car;
(4) any deliveries of LPG to another person at the
place of production, refining, or manufacturing;
(5) underground storage facilities other than LP-gas
containers designed for underground use;
(6) any LP-gas container having a water capacity of
one gallon or less, or to any LP-gas piping system or appliance
attached or connected to such container; or
(7) a railcar loading rack used by a pipeline company,
producer, refiner, or manufacturer.
(b) Nothing in Subsection (a) of this section shall be
construed to exempt truck loading racks from the jurisdiction of
the commission under this chapter.
Amended by Acts 1979, 66th Leg., p. 2031, ch. 799, § 1, eff.
Sept. 1, 1980; Acts 1991, 72nd Leg., ch. 725, § 2, eff. Aug. 26,
1991; Acts 1993, 73rd Leg., ch. 1016, § 2, eff. Sept. 1, 1993;
Acts 1995, 74th Leg., ch. 239, § 1, eff. Sept. 1, 1995.
[Sections 113.004 to 113.010 reserved for expansion]
SUBCHAPTER B. ADMINISTRATIVE PROVISIONS
§ 113.011. REGULATION OF LIQUEFIED PETROLEUM GAS
ACTIVITIES. The commission shall administer and enforce the laws
of this state and the rules and standards of the commission relating
to liquefied petroleum gas.
Amended by Acts 1979, 66th Leg., p. 2031, ch. 799, § 1, eff.
Sept. 1, 1980; Acts 2001, 77th Leg., ch. 1233, § 35, eff. Sept.
1, 2001.
§ 113.014. EMPLOYEES. Sufficient employees shall be
provided for the enforcement of this chapter.
Amended by Acts 1979, 66th Leg., p. 2031, ch. 799, § 1, eff.
Sept. 1, 1980; Acts 2001, 77th Leg., ch. 1233, § 35, eff. Sept.
1, 2001.
§ 113.015. FUNDS FOR FINANCING REGULATION OF LPG
ACTIVITIES. The commission shall look only to the revenue derived
from the operation of this chapter and appropriated by the
legislature for expenses of regulating liquefied petroleum gas
activities and administering this chapter.
Amended by Acts 1979, 66th Leg., p. 2031, ch. 799, § 1, eff.
Sept. 1, 1980; Acts 1991, 72nd Leg., ch. 725, § 3, eff. Aug. 26,
1991; Acts 2001, 77th Leg., ch. 1233, § 35, eff. Sept. 1, 2001.
[Sections 113.016 to 113.050 reserved for expansion]
SUBCHAPTER C. RULES AND STANDARDS
§ 113.051. ADOPTION OF RULES AND STANDARDS. Except as
provided in Section 113.003 of this code, the commission shall
promulgate and adopt rules or standards or both relating to any and
all aspects or phases of the LPG industry that will protect or tend
to protect the health, welfare, and safety of the general public.
Amended by Acts 1979, 66th Leg., p. 2031, ch. 799, § 1, eff.
Sept. 1, 1980.
§ 113.0511. LIMITATIONS ON RULEMAKING
AUTHORITY. (a) The commission may not adopt rules restricting
advertising or competitive bidding by a licensee except to prohibit
false, misleading, or deceptive practices.
(b) In its rules to prohibit false, misleading, or deceptive
practices, the commission may not include a rule that:
(1) restricts the use of any medium for advertising;
(2) restricts the use of a licensee's personal
appearance or voice in an advertisement;
(3) relates to the size or duration of an
advertisement by the licensee; or
(4) restricts the licensee's advertisement under a
trade name.
Added by Acts 1983, 68th Leg., p. 1168, ch. 263, § 6, eff. Sept.
1, 1983. Amended by Acts 2001, 77th Leg., ch. 1233, § 35, eff.
Sept. 1, 2001.
§ 113.052. ADOPTION OF NATIONAL CODES. The commission
may adopt by reference, in whole or in part, the published codes of
the National Board of Fire Underwriters, the National Fire
Protection Association, the American Society for Mechanical
Engineers, and other nationally recognized societies or any one or
more of these codes as standards to be met in the design,
construction, fabrication, assembly, installation, use, and
maintenance of containers, tanks, appliances, systems, and
equipment for the transportation, storage, delivery, use, and
consumption of LPG or any one or more of these purposes.
Amended by Acts 1979, 66th Leg., p. 2031, ch. 799, § 1, eff.
Sept. 1, 1980.
§ 113.053. EFFECT ON CERTAIN CONTAINERS. Rules,
standards, and codes adopted pursuant to Sections 113.051 through
113.052 of this code do not apply to containers used in accordance
with and subject to the regulations of the United States Department
of Transportation or to containers that are owned or used by the
United States government.
Amended by Acts 1979, 66th Leg., p. 2031, ch. 799, § 1, eff.
Sept. 1, 1980.
[Sections 113.054 to 113.080 reserved for expansion]
SUBCHAPTER D. LICENSING
§ 113.081. LICENSE REQUIREMENT. (a) Unless otherwise
stated in this chapter, no person may engage in any of the following
activities unless that person has obtained a license from the
commission authorizing that activity:
(1) container activities: the manufacture, assembly,
repair, testing, sale, installation, or subframing of containers
for use in this state, except that no license is required for the
sale of a new container of 96 pounds water capacity or less;
(2) systems activities: the installation, service,
and repair of systems for use in this state, including the laying or
connecting of pipes and fittings connecting with or to systems or
serving a system and appliances to be used with liquefied petroleum
gas as a fuel;
(3) appliance activities: the service, installation,
and repair of appliances used or to be used in this state in
connection with systems using liquefied petroleum gas as a fuel,
except that no license shall be required for installation or
connection of manufactured unvented appliances to LPG systems by
means of LPG appliance connectors, or where only duct or electrical
work is performed to or on an LP-gas appliance; or
(4) product activities: the sale, transportation,
dispensation, or storage of liquefied petroleum gas in this state,
except that no license shall be required to sell LPG where the
vendor never obtains possessory rights to the product sold or where
the product is transported or stored by the ultimate consumer for
personal consumption only.
(b) The provisions of Subsection (a) of this section do not
apply to a person who is not engaged in business as provided in
Section 113.082 of this code. A person, except a political
subdivision, is considered to be engaged in business as provided in
Section 113.082 of this code if such person installs or services an
LPG motor or mobile fuel system on a motor vehicle used in the
transportation of the general public. The provisions of
Subsections (a)(1) and (a)(2) of this section do not apply to
intermodal containers or intermodal portable tanks constructed in
accordance with United States Department of Transportation
specifications.
(c) A mobile home park operator will not be deemed to be a
person engaged in business as provided in Section 113.082 of this
code if such mobile home park operator obtains no possessory rights
to LP-gas products, and utilizes only LP-gas licensees in the
installation and maintenance of the LP-gas containers and system.
For purposes of this subsection, the term "mobile home park
operator" means an individual or business entity owning or
operating a place, divided into sites, at which the primary
business is the rental or leasing of the sites to persons for use in
occupying mobile homes as dwellings. "Mobile home" has the meaning
set out in Chapter 1201, Occupations Code.
(d) The commission by rule may exempt from Section
113.082(a)(4) of this code journeymen or master plumbers licensed
by the Texas State Board of Plumbing Examiners.
(e) The commission by rule may exempt from Section
113.082(a)(4) of this code a person licensed under Chapter 1302,
Occupations Code.
(f) No license is required by an original manufacturer of a
new motor vehicle powered by LPG or subcontractor of such a
manufacturer who produces a new LPG-powered vehicle for the
manufacturer.
(g) The commission by rule may establish reasonable
conditions for licensing and exemptions from license requirements
for a state agency or institution, county, municipality, school
district, or other governmental subdivision.
Amended by Acts 1979, 66th Leg., p. 2031, ch. 799, § 1, eff.
Sept. 1, 1980; Acts 1983, 68th Leg., p. 5428, ch. 1011, § 1, eff.
Aug. 29, 1983; Acts 1985, 69th Leg., ch. 911, § 1, eff. Aug. 26,
1985; Acts 1989, 71st Leg., ch. 533, § 1, eff. Sept. 1, 1989;
Acts 1991, 72nd Leg., ch. 725, § 4, eff. Aug. 26, 1991; Acts
1993, 73rd Leg., ch. 1016, § 3, eff. Sept. 1, 1993; Acts 1995,
74th Leg., ch. 239, § 2, eff. Sept. 1, 1995; Acts 2003, 78th
Leg., ch. 1276, § 14A.797, eff. Sept. 1, 2003.
§ 113.082. CATEGORIES OF LPG ACTIVITIES; FEES. (a) A
prospective licensee in LPG may apply to the commission for a
license to engage in any one or more of the following categories of
LPG activities:
(1) container manufacturers/fabricators: the
manufacture, fabrication, assembly, repair, installation,
subframing, testing, and sale of LPG containers, including LPG
motor or mobile fuel containers and systems, and the repair and
installation of transport and transfer systems;
(2) transport outfitters: the subframing, testing,
and sale of LPG transport containers, the testing of LPG storage
containers, the installation, testing, and sale of LPG motor or
mobile fuel containers and systems, and the installation and repair
of transport systems, and motor or mobile fuel systems;
(3) carriers: the transportation of LPG by transport,
including the loading and unloading of LPG, and the installation
and repair of transport systems;
(4) general installers and repairmen: the sale,
service, and installation of containers, excluding motor fuel
containers, and the service, installation, and repair of piping,
certain appliances as defined by rule, excluding recreational
vehicle appliances and LPG systems, excluding motor fuel and
recreational vehicle systems;
(5) retail and wholesale dealers: the storage, sale,
transportation, and distribution of LPG at retail and wholesale,
and all other activities included in this section except the
manufacture, fabrication, assembly, repair, subframing, and
testing of LPG containers, and except the sale and installation of
LPG motor or mobile fuel systems that have an engine with a rating
of more than 25 horsepower;
(6) cylinder filling: the operation of a
cylinder-filling facility, including cylinder filling, the sale of
LPG in cylinders, and the replacement of a cylinder valve;
(7) service station: the operation of an LPG service
station filling ASME containers designed for motor and mobile fuel;
(8) cylinder dealers: the transportation and sale of
LPG in cylinders;
(9) service station and cylinder filling: any service
station and cylinder activity set out in Subdivisions (6) and (7);
(10) service station and cylinder facilities: the
operation of a cylinder-filling facility, including cylinder
filling and the sale, transportation, installation, and connection
of LPG in cylinders, the replacement of cylinder valves, and the
operation of an LPG service station as set out in Subdivision (7);
(11) distribution system: the sale and distribution
of LPG through mains or pipes and the installation and repair of LPG
systems;
(12) engine fuel: the sale and installation of LPG
motor or mobile fuel containers, and the sale and installation of
LPG motor or mobile fuel systems;
(13) recreational vehicle installers and repairmen:
the sale, service, and installation of recreational vehicle
containers, and the installation, repair, and service of
recreational vehicle appliances, piping, and LPG systems,
including recreational vehicle motor or mobile fuel systems and
containers;
(14) manufactured housing installers and repairmen:
the service and installation of containers that supply fuel to
manufactured housing, and the installation, repair, and service of
appliances and piping systems for manufactured housing;
(15) testing laboratory: the testing of an LP-gas
container, LP-gas motor fuel systems or mobile fuel systems,
transfer systems, and transport systems for the purpose of
determining the safety of the container or systems for LP-gas
service, including the necessary installation, disconnection,
reconnecting, testing, and repair of LPG motor fuel systems or
mobile fuel systems, transfer systems, and transport systems
involved in the testing of containers; or
(16) portable cylinder exchange: the operation of a
portable cylinder exchange service, where the sale of LP-gas is
within a portable cylinder with an LP-gas capacity not to exceed 21
pounds; the portable cylinders are not filled on site, and no other
LP-gas activity requiring a license is conducted.
(b) The commission by rule shall establish reasonable
application and original license fees and renewal fees for each
type of license listed in this section.
Amended by Acts 1979, 66th Leg., p. 2031, ch. 799, § 1, eff.
Sept. 1, 1980; Acts 1983, 68th Leg., p. 1168, ch. 263, § 7, eff.
Sept. 1, 1983; Acts 1987, 70th Leg., ch. 325, § 2, eff. June 11,
1987; Acts 1989, 71st Leg., ch. 533, § 2, eff. Sept. 1, 1989;
Acts 1991, 72nd Leg., ch. 725, § 5, eff. Aug. 26, 1991; Acts
1993, 73rd Leg., ch. 1016, § 4, eff. Sept. 1, 1993; Acts 1995,
74th Leg., ch. 239, § 3, eff. Sept. 1, 1995; Acts 1997, 75th
Leg., ch. 66, § 2, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch.
1260, § 1, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1233,
§ 35, eff. Sept. 1, 2001.
§ 113.083. LIQUEFIED PETROLEUM GAS EMERGENCY. (a) In
the event of a temporary statewide, regional, or local shortage of
liquid petroleum gas in this state or another state, as determined
under Subsection (b) of this section, LP gas trucks and operators
meeting all certification, permitting, and licensing requirements
of the federal government and another state whose governor has
declared an LP gas emergency may transport LP gas in this state
without having first obtained any license, permit, or certification
ordinarily required under state law.
(b) The governor may determine the existence of a temporary
statewide, regional, or local shortage of LP gas in this state or
another state and on such a determination, the governor may join
with the governor of any other state in declaring an LP gas
emergency.
(c) The waiver of Texas licensing, permitting, and
certification requirements regarding LP gas trucks and operators is
valid only during the time of the emergency. An LP gas emergency
may not continue for more than 14 days unless renewed by the
governor.
Added by Acts 1991, 72nd Leg., 1st C.S., ch. 9, § 1, eff. Aug. 29,
1991.
§ 113.084. APPLICATION. (a) An application for a
license shall be submitted to the commission on forms furnished by
the commission or on a facsimile of those forms.
(b) A prospective licensee shall submit the required
application together with the original nonrefundable license fee
established by the commission under Section 113.082 for each type
of license for which an application is made. The applicant shall
submit additional information and data with each application as the
commission may reasonably require.
(c) A licensee shall submit the nonrefundable renewal fee
for each type of license sought along with information and data the
commission may reasonably require.
Amended by Acts 1979, 66th Leg., p. 2031, ch. 799, § 1, eff.
Sept. 1, 1980; Acts 2001, 77th Leg., ch. 1233, § 36, eff. Sept.
1, 2001.
[Sections 113.085 to 113.086 reserved for expansion]
§ 113.087. COURSE OF INSTRUCTION, EXAMINATION, AND
SEMINAR REQUIREMENTS. (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.
(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
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 who provides portable cylinders to a category "P"
licensee 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; 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 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.
(e) No licensee may employ or otherwise utilize any person
as a representative to the commission, nor as a supervisor or
employee in LPG-related activities, unless and until the person has
qualified by satisfactory completion of the examination or training
requirements, as applicable, established by this section.
(f) The commission shall promulgate rules relating to
changes in representatives, supervisors, and employees, and may
permit temporary exemption from the examination or training
requirements, as applicable, for a maximum period of 45 days.
(g) In no event shall an original or renewal license be
issued to an applicant whose listed representative has not
maintained qualified status, as defined by rule, or to any person
who has a history of failure to comply with the requirements of this
code or with the rules of the commission. The commission shall have
written notification of license denial and the reasons therefor
prepared promptly and mailed to both the representative and the
license applicant. 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.
(h) Satisfactory completion of any required examination or
training under this section shall accrue to the individual.
(i) Not later than the 30th day after the date a person takes
a licensing examination under this chapter, the commission shall
notify the person of the results of the examination.
(j) If the examination is graded or reviewed by a testing
service:
(1) the commission shall notify the person of the
results of the examination not later than the 14th day after the
date the commission receives the results from the testing service;
and
(2) if notice of the examination results will be
delayed for longer than 90 days after the examination date, the
commission shall notify the person of the reason for the delay
before the 90th day.
(k) The commission may require a testing service to notify a
person of the results of the person's examination.
(l) If requested in writing by a person who fails a
licensing examination administered under this chapter, the
commission shall furnish the person with an analysis of the
person's performance on the examination.
(m) The commission, by appropriate rule, shall require, in
addition to examination requirements as set out in Subsections (b),
(c), and (d) of this section:
(1) an examination for technical competence that is
validated by a recognized educational testing organization or
similar organization; or
(2) attendance at approved academic, trade,
professional, or commission-sponsored seminars, other continuing
education programs, and periodic reexaminations.
(n) Prior to qualifying an individual to perform LP-gas
work, the commission may establish by rule an initial course of
instruction for any person who has not yet passed the examination
for the LPG activity for which the person seeks qualification; for
any person who has not maintained qualified status, as defined by
rule; and for any person whose certification has been revoked
pursuant to Subchapter F of this code. If an initial course of
instruction is established by the commission, it shall be available
at least once every 180 days.
(o) The commission by rule may exempt from any provision of
this section:
(1) a journeyman or master plumber licensed by the
Texas State Board of Plumbing Examiners;
(2) a person licensed under Chapter 1302, Occupations
Code; or
(3) company representatives, operations supervisors,
or employees of a testing laboratory that was registered under
Section 113.135 prior to the effective date of this subsection.
Amended by Acts 1979, 66th Leg., p. 2031, ch. 799, § 1, eff.
Sept. 1, 1980; Acts 1983, 68th Leg., p. 1168, ch. 263, § 7, eff.
Sept. 1, 1983; Acts 1987, 70th Leg., ch. 325, § 3, eff. June 11,
1987; Acts 1989, 71st Leg., ch. 533, § 3, eff. Sept. 1, 1989;
Acts 1991, 72nd Leg., ch. 725, § 6, eff. Aug. 26, 1991; Acts
1995, 74th Leg., ch. 239, § 4, eff. Sept. 1, 1995; Acts 2001,
77th Leg., ch. 611, § 2, eff. Sept. 1, 2001; Acts 2001, 77th
Leg., ch. 1233, § 37, eff. Sept. 1, 2001; Acts 2003, 78th Leg.,
ch. 1276, § 14A.798, eff. Sept. 1, 2003.
§ 113.088. EXAMINATION; SEMINAR FEES. (a) The
commission shall establish reasonable examination, course of
instruction, and seminar registration fees.
(b) Before seminar attendance or examination of any person,
except as provided in Subsection (c) of this section, the
commission shall receive a nonrefundable fee for each examination
or seminar registration.
(c) The commission may exempt voluntary firemen, or public
employees of the State of Texas, federal government, or state or
federal subdivisions from the examination fee, the examination
renewal fee, and seminar fees.
Amended by Acts 1979, 66th Leg., p. 2031, ch. 799, § 1, eff.
Sept. 1, 1980; Acts 1987, 70th Leg., ch. 325, § 4, eff. June 11,
1987; Acts 1989, 71st Leg., ch. 533, § 4, eff. Sept. 1, 1989.
§ 113.089. SPECIAL REQUIREMENTS FOR LICENSING. (a) If
application is made for a license under Section 113.082(a)(5) or
for any other type of license specified by commission rule, the
commission, in addition to other requirements, shall have an actual
inspection conducted of any and all facilities, bulk storage
equipment, transportation equipment, and dispensing equipment of
the applicant to verify satisfactory compliance with all current
safety laws, rules, and practices. The inspection may be waived by
the commission on an application resulting solely from a change in
legal entities under which a current licensee operates.
(b) The inspection, if required, shall be performed before
the issuance of the license, but in no event later than 15 days
after the inspection is requested in writing by the applicant for
license.
(c) A license under Section 113.082(a)(5) and any other type
of license specified by commission rule shall not be issued until
the inspection under Subsection (a) of this section verifies the
applicant to be in satisfactory compliance with all current safety
laws, rules, and practices.
Amended by Acts 1979, 66th Leg., p. 2031, ch. 799, § 1, eff.
Sept. 1, 1980; Acts 1991, 72nd Leg., ch. 725, § 7, eff. Aug. 26,
1991; Acts 2001, 77th Leg., ch. 1233, § 38, eff. Sept. 1, 2001.
§ 113.090. FILING AND REGISTRATION FEES. (a) The
commission by rule may establish reasonable fees for the review of
site applications related to the installation of containers when
site applications are reviewed by the commission before such
installation is placed into LP-gas service.
(b) The commission by rule may establish reasonable fees for
recording the location of containers at public buildings and
commercial installations when prior approval of site applications
is not required.
(c) The commission by rule may establish reasonable fees for
any registration required under this code.
Added by Acts 1987, 70th Leg., ch. 325, § 5, eff. June 11, 1987.
Amended by Acts 2001, 77th Leg., ch. 1233, § 39, eff. Sept. 1,
2001.
§ 113.091. LICENSE DENIAL. (a) Should an applicant
fail to meet the requirements for original or renewal licensing set
out in this chapter, the commission shall have written notification
prepared promptly and mailed to the applicant. The notice shall
specify the reason for the applicant's failure to qualify for
license and advise the applicant of the right to request a hearing.
(b) Within 30 days of the notice of denial, an applicant for
license under this chapter who is denied a license may request a
hearing to determine whether or not the applicant has complied in
all respects with the licensing procedure applicable to each type
of license sought. The applicant's request for hearing must be in
writing and delivered to the commission.
(c) A hearing to determine an applicant's compliance with
the licensing procedure applicable to each type of license sought
must be scheduled within 30 days following receipt of a request
under Subsection (b) of this section.
(d) If the record made at the hearing supports the
applicant's claim, the commission shall enter an order in its
records to that effect, noting each type of license to which the
applicant is found entitled, and the commission shall have the
license or licenses issued. If the applicant is found unqualified,
the commission shall likewise enter an order in its records to that
effect, and no license may be issued to the applicant.
Amended by Acts 1979, 66th Leg., p. 2031, ch. 799, § 1, eff.
Sept. 1, 1980; Acts 2001, 77th Leg., ch. 1233, § 40, eff. Sept.
1, 2001.
§ 113.092. LICENSE ISSUANCE. (a) The commission shall
issue the appropriate license to an applicant who has satisfied the
licensing procedures and requirements set out in this chapter and
in the rules of the commission, except where a prior license has
been revoked as provided for in Subsection (a) of Section 113.163 of
this code.
(b) The license shall be issued in the name under which the
applicant proposes to conduct business.
(c) The license shall belong to the applicant to which it is
issued and shall be nontransferable.
Amended by Acts 1979, 66th Leg., p. 2031, ch. 799, § 1, eff.
Sept. 1, 1980; Acts 1987, 70th Leg., ch. 325, § 6, eff. June 11,
1987.
§ 113.093. LICENSE RENEWAL. (a) A person who is
otherwise eligible to renew a license may renew an unexpired
license by paying the required renewal fee to the commission before
the expiration date of the license. A person whose license has
expired may not engage in activities that require a license until
the license has been renewed.
(b) A person whose license has been expired for 90 days or
less may renew the license by paying to the commission a renewal fee
that is equal to 1-1/2 times the normally required renewal fee.
(c) A person whose license has been expired for more than 90
days but less than one year may renew the license by paying to the
commission a renewal fee that is equal to two times the normally
required renewal fee.
(d) A person whose license has been expired for one year or
more may not renew the license. The person may obtain a new license
by complying with the requirements and procedures, including the
examination requirements, for obtaining an original license.
(e) A person who was licensed in this state, moved to
another state, and is currently licensed and has been in practice in
the other state for the two years preceding the date of application
may obtain a new license without reexamination. The person must pay
to the commission a fee that is equal to two times the normally
required renewal fee for the license.
(f) Not later than the 30th day before the date a person's
license is scheduled to expire, the commission shall send written
notice of the impending expiration to the person at the person's
last known address according to the records of the commission.
(g) A renewal license will be issued to a licensee as soon as
is practicable after compliance with this section, and fulfillment
of insurance, examination, and seminar requirements established by
this chapter, and submission of any information and data the
commission may reasonably require.
(h) Renewal fees shall be nonrefundable.
Amended by Acts 1979, 66th Leg., p. 2031, ch. 799, § 1, eff.
Sept. 1, 1980; Acts 1983, 68th Leg., p. 1168, ch. 263, § 7, eff.
Sept. 1, 1983; Acts 1993, 73rd Leg., ch. 1016, § 5, eff. Sept. 1,
1993; Acts 2001, 77th Leg., ch. 1233, § 41, eff. Sept. 1, 2001.
§ 113.094. STAGGERED RENEWAL OF LICENSES. The
commission, by rule, may adopt a system under which licenses expire
on various dates during the year. For the year in which the license
expiration date is changed, license fees payable on a specified
date shall be prorated on a monthly basis so that each licensee
shall pay only that portion of the license fee that is allocable to
the number of months during which the license is valid. On renewal
of the license on the new expiration date, the total license renewal
fee is payable.
Added by Acts 1983, 68th Leg., p. 1174, ch. 263, § 8, eff. Sept.
1, 1983.
§ 113.095. LICENSE AND EXAMINATION BY
ENDORSEMENT. (a) The commission may waive any license
requirement for an applicant with a valid license from another
state having license requirements substantially equivalent to
those of this state.
(b) The commission by rule may waive the requirements of
Section 113.087 for an applicant holding a valid examination
certificate issued by another state having certification
requirements substantially equivalent to those of this state.
Added by Acts 1983, 68th Leg., p. 1174, ch. 263, § 8, eff. Sept.
1, 1983. Amended by Acts 1995, 74th Leg., ch. 239, § 5, eff.
Sept. 1, 1995.
§ 113.096. PROVISIONAL LICENSE. (a) The commission
may issue a provisional license to an applicant currently licensed
in another jurisdiction who seeks a license in this state and who:
(1) has been licensed in good standing for at least two
years in another jurisdiction, including a foreign country, that
has licensing requirements substantially equivalent to the
requirements of this chapter;
(2) has passed a national or other examination
recognized by the commission relating to the activities regulated
under this chapter; and
(3) is sponsored by a person licensed by the
commission under this chapter with whom the provisional license
holder will practice during the time the person holds a provisional
license.
(b) The commission may waive the requirement of Subsection
(a)(3) for an applicant if the commission determines that
compliance with that subsection would be a hardship to the
applicant.
(c) A provisional license is valid until the date the
commission approves or denies the provisional license holder's
application for a license. The commission shall issue a license
under this chapter to the provisional license holder if:
(1) the provisional license holder is eligible to be
licensed under Section 113.095; or
(2) the provisional license holder:
(A) passes the part of the examination under
Section 113.087 that relates to the applicant's knowledge and
understanding of the laws and rules relating to the activities
regulated under this chapter in this state;
(B) meets the academic and experience
requirements for a license under this chapter; and
(C) satisfies any other licensing requirements
under this chapter.
(d) The commission must approve or deny a provisional
license holder's application for a license not later than the 180th
day after the date the provisional license is issued. The
commission may extend the 180-day period if the results of an
examination have not been received by the commission before the end
of that period.
(e) The commission may establish a fee for provisional
licenses in an amount reasonable and necessary to cover the cost of
issuing the license.
Added by Acts 2001, 77th Leg., ch. 1233, § 42, eff. Sept. 1,
2001.
§ 113.097. INSURANCE REQUIREMENT. (a) The commission
shall not issue a license authorizing activities under Section
113.082 of this code or renew an existing license unless the
applicant for license or license renewal provides proof of required
insurance coverage with an insurance carrier authorized to do
business in this state as evidenced by a certificate of authority
having been issued to the carrier by the Texas Department of
Insurance or, if the applicant is unable to obtain coverage from
such a carrier, provides, on approval of the commission, proof of
required insurance coverage issued by a surplus lines insurer that
meets the requirements of Chapter 981, Insurance Code, and rules
adopted by the commissioner of insurance under that chapter.
(b) A licensee shall not perform any licensed activity under
Section 113.082 of this code unless the insurance coverage required
by this chapter is in effect.
(c) Except as provided in Section 113.099 of this code, the
types and amounts of insurance provided in Subsections (d) through
(i) of this section are required while engaged in any of the
activities set forth in Section 113.082 of this code or any activity
incidental thereto.
(d) Each licensee under Section 113.082(a)(3), (5), (8), or
(10) must carry motor vehicle bodily injury and property damage
liability coverage on each motor vehicle, including trailers and
semitrailers, used to transport LP-gas. The commission shall
establish by rule a reasonable amount of coverage to be maintained,
except that coverage shall not be less than the amounts required as
evidence of financial responsibility under Chapter 601,
Transportation Code.
(e) All licensees must carry general liability coverage in a
reasonable amount, based on the type or types of licensed
activities, which shall be established by commission rule.
(f) Each licensee, other than a category "P" licensee, must
acquire and maintain appropriate workers' compensation or coverage
for its employees under policies of work-related accident,
disability, and health insurance, including coverage for death
benefits, from an insurance carrier authorized to provide coverage
in this state, in the amounts required by the commission.
(g) Notwithstanding Subsection (f) of this section, a state
agency or institution, county, municipality, school district, or
other governmental subdivision may submit appropriate evidence of
workers' compensation coverage by self-insurance if permitted by
the state workers' compensation act. The commission may require
forms of evidence of coverage for this purpose other than that
required under Section 113.098 of this code.
(h) As required by commission rule, a licensee under Section
113.082(a)(1), (2), (3), (5), or (15) must carry completed
operations or products liability insurance, or both, in a
reasonable amount, based on the type or types of licensed
activities.
(i) The commission by rule may exempt or provide reasonable
alternatives to the insurance requirements set forth in Subsections
(a) through (e) and (h) of this section for a state agency or
institution, county, municipality, school district, or other
governmental subdivision.
(j) The commission by rule may exempt from the insurance
requirements of this section or adopt a reasonable alternative to
those requirements for:
(1) a master or journeyman plumber licensed by the
Texas State Board of Plumbing Examiners; or
(2) a person licensed under Chapter 1302, Occupations
Code.
(k) The commission by rule may allow a licensee to
self-insure under Subsection (d), (e), or (f) and by rule shall
establish standards for that self-insurance.
Amended by Acts 1979, 66th Leg., p. 2031, ch. 799, § 1, eff.
Sept. 1, 1980; Acts 1987, 70th Leg., ch. 325, § 7, eff. June 11,
1987; Acts 1987, 70th Leg., ch. 1050, § 2, eff. June 19, 1987;
Acts 1989, 71st Leg., ch. 533, § 5, eff. Sept. 1, 1989; Acts
1991, 72nd Leg., ch. 16, § 14.01, eff. Aug. 26, 1991; Acts 1991,
72nd Leg., ch. 725, § 8, eff. Aug. 26, 1991; Acts 1993, 73rd
Leg., ch. 1016, § 6, eff. Sept. 1, 1993; Acts 1995, 74th Leg.,
ch. 239, § 6, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 66,
§ 4, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 165, §
30.229, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 611, § 3,
eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1233, § 43, eff.
Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1276, § 10A.538,
14A.799, eff. Sept. 1, 2003.
§ 113.098. INSURANCE CONDITIONS. (a) As evidence that
required insurance has been secured and is in force, certificates
of insurance which are approved by the commission shall be filed
with the commission before licensing, license renewal, and during
the entire period that the license is in effect. Any document filed
with the commission in a timely manner which is not completed in
accordance with the instructions indicated on the insurance
certificate forms supplied by the commission, but which complies
with the substantive requirements of this section and with the
rules adopted under this section may be considered by the
commission to be evidence that required insurance has been secured
and is in force for a temporary period not to exceed 45 days. During
this temporary period, a licensee shall file with the commission an
amended certificate of insurance which complies with all procedural
and substantive requirements of this section and the rules adopted
hereunder.
(b) All certificates filed under this section shall be
continuous in duration.
(c) Cancellation of a certificate of insurance becomes
effective on the occurrence of any of the following events and not
before:
(1) commission receipt of written notice stating the
insurer's intent to cancel a policy of insurance and the passage of
time equivalent to the notice period required by law to be given the
insured before the insurance cancellation;
(2) receipt by the commission of an acceptable
replacement insurance certificate;
(3) voluntary surrender of a license and the rights
and privileges conferred by the license;
(4) commission receipt of a statement made by a
licensee stating that the licensee is not actively engaging in any
operations which require a particular type of insurance and will
not engage in those operations unless and until all certificates of
required insurance applicable to those operations are filed with
the commission; or
(5) written order of commission.
(d) Cancellation under Subsection (c) of this section shall
not become effective until approved by the commission.
Amended by Acts 1979, 66th Leg., p. 2031, ch. 799, § 1, eff.
Sept. 1, 1980; Acts 1987, 70th Leg., ch. 325, § 8, eff. June 11,
1987; Acts 1991, 72nd Leg., ch. 725, § 9, eff. Aug. 26, 1991;
Acts 2001, 77th Leg., ch. 1233, § 44, eff. Sept. 1, 2001.
§ 113.099. STATEMENTS IN LIEU OF INSURANCE
CERTIFICATES. (a) A licensee or an applicant for a license under
Section 113.082(a)(3), (5), (8), or (10) that does not operate or
contemplate the operation of a motor vehicle equipped with an
LP-gas cargo container and does not transport or contemplate the
transportation of LP-gas by vehicle in any manner, may make and file
with the commission a statement to that effect in lieu of filing a
certificate of motor vehicle bodily injury and property damage
insurance.
(b) A licensee or an applicant for a license that does not
engage in or contemplate engaging in any operations which would be
covered by general liability insurance for a period of time may make
and file with the commission a statement to that effect in lieu of
filing a certificate of general liability insurance.
(c) A licensee or an applicant for a license that does not
employ or contemplate the hiring of an employee or employees to be
engaged in LPG-related activities in this state may make and file
with the commission a statement to that effect in lieu of filing
evidence of coverage of workers' compensation or other alternative
form of coverage as provided in this subchapter.
(d) A licensee or an applicant for a license under Section
113.082(a)(1), (2), (3), (5), or (15) that does not engage in or
contemplate engaging in any LP-gas operations which would be
covered by completed operations or products liability insurance, or
both, for a period of time may make and file with the commission a
statement to that effect in lieu of filing a certificate of
insurance.
(e) Any statement filed pursuant to Subsections (a) through
(d) of this section must further state that the licensee or
applicant agrees to file a certificate of insurance evidencing
appropriate coverage before engaging in any activities that require
insurance coverage under this subchapter.
Amended by Acts 1979, 66th Leg., p. 2031, ch. 799, § 1, eff.
Sept. 1, 1980; Acts 1989, 71st Leg., ch. 533, § 6, eff. Sept. 1,
1989; Acts 1991, 72nd Leg., ch. 725, § 10, eff. Aug. 26, 1991;
Acts 1993, 73rd Leg., ch. 1016, § 7, eff. Sept. 1, 1993; Acts
1995, 74th Leg., ch. 239, § 7, eff. Sept. 1, 1995; Acts 2001,
77th Leg., ch. 1233, § 45, eff. Sept. 1, 2001.
[Sections 113.100 and 113.101 reserved for expansion]
[Sections 113.103 to 113.130 reserved for expansion]
SUBCHAPTER E. MOTOR VEHICLES AND TESTING LABORATORIES
§ 113.131. TRANSPORT TRUCKS AND TRAILERS. (a) Each
transport truck, trailer, or other motor vehicle equipped with an
LPG cargo container and each truck used principally for
transporting LPG in portable containers shall be registered with
the commission.
(b) A licensee who has purchased, leased, or obtained other
rights to use any unit described in Subsection (a) of this section
shall register that unit in the name or names under which the
licensee conducts business before the transportation of LPG by
means of that unit.
(c) An ultimate consumer of LPG who has purchased, leased,
or obtained other rights to use any unit described in Subsection (a)
of this section shall register that unit in the person's name before
the transportation of LPG by means of that unit on public roads or
highways.
(d) The commission, by rule, shall establish reasonable,
nonrefundable annual registration and transfer fees for each LP-gas
cargo trailer, semitrailer, bobtail, and cylinder-delivery unit
registered or transferred as follows:
(1) the annual registration fee established by the
commission shall not be less than $100 nor more than $300.
(2) the annual transfer fee established by the
commission shall not be less than $25 nor more than $100.
(e) Any unit registered pursuant to this section shall be
covered by motor vehicle bodily injury and property damage
liability insurance as prescribed by Section 113.097 of this code.
(f) Any delivery or transport driver shall meet the
applicable examination and seminar requirements set out in Section
113.087 of this code.
Amended by Acts 1979, 66th Leg., p. 2031, ch. 799, § 1, eff.
Sept. 1, 1980; Acts 1987, 70th Leg., ch. 325, § 9, eff. June 11,
1987; Acts 1989, 71st Leg., ch. 533, § 7, eff. Sept. 1, 1989;
Acts 1991, 72nd Leg., ch. 725, § 11, eff. Aug. 26, 1991; Acts
1993, 73rd Leg., ch. 1016, § 8, eff. Sept. 1, 1993; Acts 1997,
75th Leg., ch. 66, § 5, eff. Sept. 1, 1997.
§ 113.133. MOTOR CARRIER LAWS. No provision of this
chapter shall be construed to modify, amend, or revoke any motor
carrier law of this state.
Amended by Acts 1979, 66th Leg., p. 2031, ch. 799, § 1, eff.
Sept. 1, 1980.
§ 113.134. DEPARTMENT OF PUBLIC SAFETY. The Department
of Public Safety shall cooperate with the commission in the
administration and enforcement of this chapter and the rules
promulgated under this chapter to the extent that they are
applicable to motor vehicles.
Added by Acts 1979, 66th Leg., p. 2031, ch. 799, § 1, eff. Sept.
1, 1980.
[Sections 113.136 to 113.160 reserved for expansion]
SUBCHAPTER F. DISCIPLINARY ACTION
§ 113.161. VIOLATIONS OF CHAPTER OR RULES; INFORMAL
ACTIONS. (a) The commission shall notify a licensee or
registrant in writing when it finds probable violation or
noncompliance with this chapter or the safety rules promulgated
under this chapter.
(b) The notification shall specify the particular acts,
omissions, or conduct comprising the alleged violation and shall
designate a date by which the violation must be corrected or
discontinued.
(c) The licensee or registrant shall report timely
compliance or shall request extension of time for compliance if
deemed necessary.
(d) If a licensee or registrant objects to the complaint or
requirements under this section, or if the commission determines
that the licensee or registrant is not proceeding adequately to
compliance, then, on written request of the licensee or registrant
or order of the commission, a public hearing shall be conducted as
provided in Section 113.162 of this code.
(e) If the commission determines that the probable
violation or noncompliance constitutes an immediate danger to the
public health, safety, and welfare, it shall require the immediate
cessation of the probable violation or noncompliance and proceed
with a hearing as provided in Section 113.162.
Amended by Acts 1979, 66th Leg., p. 2031, ch. 799, § 1, eff.
Sept. 1, 1980; Acts 2001, 77th Leg., ch. 1233, § 47, eff. Sept.
1, 2001.
§ 113.162. HEARINGS. Any hearing or proceeding under
this chapter shall be subject to the provisions of the
Administrative Procedure and Texas Register Act.
Amended by Acts 1979, 66th Leg., p. 2031, ch. 799, § 1, eff.
Sept. 1, 1980.
§ 113.163. FINDINGS AND JUDGMENT. (a) The commission
shall revoke, suspend, or refuse to renew a license or registration
or shall reprimand a licensee or registrant if the commission finds
that the licensee or registrant has violated or failed to comply
with or is violating or failing to comply with this chapter or a
rule or standard promulgated and adopted under this chapter.
(b) The commission may place on probation a person whose
license or registration is suspended. If a license or registration
suspension is probated, the commission may require the person:
(1) to report regularly to the commission on matters
that are the basis of the probation;
(2) to limit practice to the areas prescribed by the
commission; or
(3) to continue or review professional education until
the person attains a degree of skill satisfactory to the commission
in those areas that are the basis of the probation.
Amended by Acts 1979, 66th Leg., p. 2031, ch. 799, § 1, eff.
Sept. 1, 1980; Acts 1983, 68th Leg., p. 1167, ch. 263, § 5, eff.
Sept. 1, 1983; Acts 1987, 70th Leg., ch. 325, § 11, eff. June 11,
1987; Acts 2001, 77th Leg., ch. 1233, § 48, eff. Sept. 1, 2001.
§ 113.164. APPEAL. Any party to a proceeding before the
commission is entitled to judicial review under the substantial
evidence rule.
Amended by Acts 1979, 66th Leg., p. 2031, ch. 799, § 1, eff.
Sept. 1, 1980.
[Sections 113.165 to 113.200 reserved for expansion]
SUBCHAPTER G. FEES AND FUNDS
§ 113.201. DEPOSIT AND EXPENDITURE OF FEES AND
FUNDS. Money received by the commission under this chapter shall
be deposited in the state treasury to the credit of the General
Revenue Fund and spent in accordance with the appropriations made
by law.
Amended by Acts 1979, 66th Leg., p. 2031, ch. 799, § 1, eff.
Sept. 1, 1980; Acts 1981, 67th Leg., p. 144, ch. 65, § 2, eff.
Sept. 1, 1981.
[Sections 113.202 to 113.230 reserved for expansion]
SUBCHAPTER H. ENFORCEMENT
§ 113.231. INJUNCTIONS. (a) On request of the
commission, the attorney general may bring an action in the name and
on behalf of the state to enjoin a person from committing any act
that violates or does not comply with any provision of this chapter
or of any rule promulgated under this chapter.
(b) A suit for injunction instituted pursuant to Subsection
(a) of this section shall be in addition to any other remedies at
law or in equity.
(c) A district court of any county in which it is shown that
all or part of the acts have been or are about to be committed has
jurisdiction of an action brought under Subsection (a) of this
section.
(d) No bond for injunction may be required of the commission
or the attorney general in relation to a proceeding instituted
pursuant to Subsection (a) of this section.
Amended by Acts 1979, 66th Leg., p. 2031, ch. 799, § 1, eff.
Sept. 1, 1980.
§ 113.232. GENERAL PENALTY. (a) In addition to
injunctive relief and other penalties provided in this chapter, a
person who knowingly violates or fails to comply with this chapter
or rules adopted under this chapter is guilty of a Class C
misdemeanor and is punishable by a fine of not less than $100 nor
more than the maximum fine as set out in Section 12.23 of the Penal
Code.
(b) A person previously convicted under Subsection (a) of
this section who knowingly violates or fails to comply with this
chapter is guilty of a Class A misdemeanor punishable by a fine of
not less than the maximum fine allowed by law for a Class C
misdemeanor, nor more than the maximum fine as set out in Section
12.21 of the Penal Code.
(c) A penalty prescribed by this section is in addition to
injunctive relief and other penalties provided by this chapter.
(d) Each day the violation or failure to comply continues
constitutes a separate offense.
Amended by Acts 1979, 66th Leg., p. 2031, ch. 799, § 1, eff.
Sept. 1, 1980; Acts 1983, 68th Leg., p. 5429, ch. 1011, § 2, eff.
Aug. 29, 1983; Acts 1987, 70th Leg., ch. 325, § 12, eff. June 11,
1987.
§ 113.233. ENTRY FOR INSPECTION AND
INVESTIGATION. (a) An inspector, employee, or agent of the
commission may enter the premises of a licensee under this chapter
or any building or other premises open to the public at any
reasonable time for the purpose of determining and verifying
compliance with this chapter and the safety rules of the
commission. This same authority shall extend to private property
with the permission of the owner of such private property or an
authorized agent of the owner.
(b) Any authorized representative of the commission may
enter any buildings or premises where an accident has occurred in
which LP-gas was a probable cause for purposes of investigating the
cause, origin, and circumstances of such accident. The commission
may request that any state or local authority having jurisdiction
take appropriate action, to the extent permitted by law, as may be
necessary for preservation of property and premises.
Amended by Acts 1979, 66th Leg., p. 2031, ch. 799, § 1, eff.
Sept. 1, 1980; Acts 1985, 69th Leg., ch. 911, § 2, eff. Aug. 26,
1985; Acts 2001, 77th Leg., ch. 1233, § 49, eff. Sept. 1, 2001.
§ 113.234. WARNING TAG. An inspector, employee, or
agent of the commission may declare any container, appliance,
equipment, transport, system, or LP-gas operation that does not
conform to the safety requirements of this chapter or rules adopted
under this chapter, or which is otherwise defective, as unsafe or
dangerous for LP-gas service and shall attach a warning tag in a
conspicuous location.
Amended by Acts 1979, 66th Leg., p. 2031, ch. 799, § 1, eff.
Sept. 1, 1980; Acts 1987, 70th Leg., ch. 325, § 13, eff. June 11,
1987.
§ 113.235. SUPPLYING OR REMOVING LPG AFTER WARNING TAG
ATTACHED. (a) Any person who knowingly sells, furnishes,
delivers, or supplies LPG for storage in or use or consumption by or
through a container, appliance, transport, or system to which a
warning tag is attached is guilty of a misdemeanor and on conviction
is punishable by a fine of not less than $50 and not more than
$2,000.
(b) LP-gas shall be removed from a container to which a
warning tag is attached only under the direction of the commission.
(c) In an emergency situation and for immediate need, the
commission may allow a reasonable amount of LP-gas to be introduced
into a container or may allow an LP-gas system or an LP-gas
appliance to be placed into LP-gas service, for a reasonable time
period provided the reasons for the warning tag have been
eliminated.
Added by Acts 1979, 66th Leg., p. 2031, ch. 799, § 1, eff. Sept.
1, 1980. Amended by Acts 1991, 72nd Leg., ch. 725, § 13, eff.
Aug. 26, 1991.
§ 113.236. PENALTY FOR UNAUTHORIZED REMOVAL OF TAG. An
unauthorized person who knowingly removes, destroys, or in any way
obliterates a warning tag attached to a container, appliance,
transport, or system is guilty of a misdemeanor and on conviction is
punishable by a fine of not less than $50 and not more than $2,000.
Added by Acts 1979, 66th Leg., p. 2031, ch. 799, § 1, eff. Sept.
1, 1980.
SUBCHAPTER I. ALTERNATIVE FUELS RESEARCH AND EDUCATION
§ 113.241. RULES REGARDING RESEARCH AND EDUCATION. The
commission may adopt all necessary rules relating to the purposes
of this subchapter and activities regarding the use of LPG and other
environmentally beneficial alternative fuels that are or have the
potential to be effective in improving the quality of air in this
state.
Added by Acts 1991, 72nd Leg., ch. 725, § 14, eff. Aug. 26, 1991.
Amended by Acts 1993, 73rd Leg., ch. 394, § 1, eff. Aug. 30,
1993; Acts 1993, 73rd Leg., ch. 603, § 1, eff. Sept. 1, 1993.
§ 113.242. ADVISORY COMMITTEES. The commission may
appoint one or more advisory committees composed of members
representing the LPG industry and other environmentally beneficial
alternative fuels industries, consumers, and other interests to
consult with and advise the commission on opportunities and methods
to expand the use of LPG and other environmentally beneficial
alternative fuels.
Added by Acts 1991, 72nd Leg., ch. 725, § 14, eff. Aug. 26, 1991.
Amended by Acts 1993, 73rd Leg., ch. 603, § 2, eff. Sept. 1,
1993.
§ 113.243. ALTERNATIVE FUELS RESEARCH AND EDUCATION
FUND. (a) The alternative fuels research and education fund is
created in the state treasury.
(b) The fund consists of money from:
(1) fees charged under this subchapter;
(2) the penalties for the late payment of the fee
charged under this subchapter;
(3) gifts, grants, or other assistance received by the
commission from any source for the purposes of this subchapter;
(4) interest earned on amounts in the fund;
(5) amounts collected by the commission under an
agreement with another state in accordance with Section 113.246(e);
(6) assessments, rebates on assessments, and other
money collected by the commission under the Propane Education and
Research Act of 1996 (15 U.S.C. Section 6401 et seq.) or other
applicable federal law; and
(7) fees, royalties, or other things of value received
from the items described by Subsections (f)(1)(A)-(D).
(c) The fund may be used only by the commission to pay for
activities relating to the specific fuel from which the fee,
royalty, or other thing of value was derived or the specific fuel,
if any, for which the gift, grant, or other assistance is given,
including direct and indirect costs relating to:
(1) researching all possible uses of LPG and other
environmentally beneficial alternative fuels to enhance air
quality;
(2) researching, developing, and implementing
marketing, advertising, and informational programs relating to
alternative fuels to make alternative fuels more understandable and
readily available to consumers;
(3) developing and implementing conservation and
distribution plans to minimize the frequency and severity of
disruptions in the supply of alternative fuels;
(4) developing a public information plan that will
provide advisory services relating to alternative fuels to
consumers;
(5) developing voluntary participation plans to
promote the use of alternative fuels by federal, state, and local
agencies;
(6) implementing consumer incentive or rebate
programs developed pursuant to Section 113.2435 of this subchapter;
(7) other functions the commission determines are
necessary to add a program established by the commission for the
purpose of promoting the use of LPG or other environmentally
beneficial alternative fuels; and
(8) the administrative costs incurred by the
commission under this subchapter.
(d) If a specific fee, royalty, gift, grant, other thing of
value, or other assistance is designated for or collected from
discrete components of the alternative fuels industry, the fee,
royalty, gift, grant, other thing of value, or other assistance
shall be deposited in a separate account in the fund.
(e) The commission may apply for, request, solicit,
contract for, receive, and accept gifts, grants, and other
assistance from any source for the purposes of this subchapter.
Money received under this subsection shall be deposited in a
separate account in the fund as provided in Subsection (d) of this
section.
(f) The commission may:
(1) apply for, register, secure, hold, and protect
under the laws of a state, the United States, or a foreign country a
patent, copyright, trademark, or other evidence of protection or
exclusivity issued for an idea, publication, or other original
innovation fixed in a tangible medium, including:
(A) a logo;
(B) a service mark;
(C) a study;
(D) an engineering, architectural, or graphic
design;
(E) a manual;
(F) automated systems software;
(G) an audiovisual work; or
(H) a sound recording;
(2) enter into a license agreement with a third party
in return for a fee, royalty, or other thing of value; and
(3) waive or reduce the amount of a fee, royalty, or
other thing of value to be assessed if the commission determines
that the waiver will:
(A) further the goals and missions of the
commission's division responsible for alternative fuels research
and education; and
(B) result in a net benefit to the state.
(g) Money received under Subsection (f) shall be deposited
in a separate account in the fund as provided by Subsection (d),
except that any money received by the commission from the items
described by Subsections (f)(1)(E)-(H) shall be deposited in the
general revenue fund.
Added by Acts 1991, 72nd Leg., ch. 725, § 14, eff. Aug. 26, 1991.
Amended by Acts 1993, 73rd Leg., ch. 394, § 2, eff. Aug. 30,
1993; Acts 1993, 73rd Leg., ch. 603, § 3, eff. Sept. 1, 1993;
Acts 1993, 73rd Leg., ch. 883, § 2, eff. Aug. 30, 1993; Acts
1997, 75th Leg., ch. 496, § 1, 2; Acts 2001, 77th Leg., ch. 1233,
§ 50, 51, 76(3), eff. Sept. 1, 2001.
§ 113.2435. CONSUMER INCENTIVE OR REBATE
PROGRAMS. (a) The commission may establish consumer rebate
programs for purchasers of appliances and equipment fueled by LPG
or other environmentally beneficial alternative fuels for the
purpose of achieving energy conservation and efficiency and
improving the quality of air in this state.
(b) The commission may adopt rules necessary to establish a
program under this section.
(c) Rules adopted and promulgated by the commission under
this section shall specify the following:
(1) rebate levels for various types of equipment such
that the rebates achieve an amount of public good comparable to the
rebate amount;
(2) a condition that the recipient agree to practice
environmentally sound operating principles;
(3) a condition that the rebate recipient agree to not
modify the equipment for a specified number of years as set by the
commission;
(4) any other conditions or restrictions determined by
the commission that would help ensure that either of the desired
goals of achieving energy conservation and efficiency or improving
air quality in this state is furthered;
(5) a limitation on the proportion of the fund usable
for the rebate program that limits the proportion usable to not more
than 50 percent of the funds available; and
(6) that the name or seal of the commission shall not
be used on any advertising that promotes the propane water heater
rebate program.
Added by Acts 1993, 73rd Leg., ch. 883, § 1, eff. Aug. 30, 1993.
Amended by Acts 1997, 75th Leg., ch. 496, § 3, eff. Sept. 1,
1997.
§ 113.244. FEE ON DELIVERY OF LPG. (a) A fee is
imposed on odorized LPG delivered into any means of conveyance to be
sold and placed into commerce. Except as provided by Subsection
(e), the fee is in an amount determined as follows:
(1) $7.50 for each delivery into a cargo tank having a
capacity of less than 1,500 gallons;
(2) $9 for each delivery into a cargo tank having a
capacity of 1,500 gallons or more but less than 1,800 gallons;
(3) $10 for each delivery into a cargo tank having a
capacity of 1,800 gallons or more but less than 2,000 gallons;
(4) $12.50 for each delivery into a cargo tank having a
capacity of 2,000 gallons or more but less than 2,500 gallons;
(5) $13.50 for each delivery into a cargo tank having a
capacity of 2,500 gallons or more but less than 2,700 gallons;
(6) $25 for each delivery into a cargo tank having a
capacity of 2,700 gallons or more but less than 5,000 gallons;
(7) $37.50 for each delivery into a cargo tank having a
capacity of 5,000 gallons or more but less than 8,000 gallons;
(8) $50 for each delivery into a cargo tank having a
capacity of 8,000 gallons or more but less than 12,000 gallons; and
(9) $25 for each increment of 5,000 gallons or any part
of 5,000 gallons delivered into a cargo tank having a capacity of
12,000 gallons or more.
(b) The owner of LPG at the time of odorization or at the
time of import of odorized LPG shall pay the fee based on the net
amount of odorized LPG sold and placed into commerce. The fee shall
be collected and remitted to the commission as provided by Section
113.245 by the person who odorizes the LPG or imports odorized LPG.
(c) "Time of import" means the time of entry into this state
from another state or from outside the United States.
(d) The fee does not apply to a delivery of odorized LPG
destined for export from the United States or this state if the LPG
is in continuous movement to a destination outside the United
States or this state. As to LPG exported from this state, and
notwithstanding any other provision of this chapter, a delivery fee
may be levied and collected under this section only if required to
be levied and collected by implementation of the Propane Education
and Research Act of 1996 (15 U.S.C. Section 6401 et seq.).
(e) If the commission is party to an agreement with another
state's propane education and research program under Section
113.246(c), the fee on LPG destined for export to that state and in
continuous movement to a destination in that state shall be
assessed at the rate in effect in that state.
(f) The commission may transfer fees collected under
Subsection (e) to the agency or organization in the other state that
is party to the commission's agreement with that state.
Added by Acts 1991, 72nd Leg., ch. 725, § 14, eff. Aug. 26, 1991.
Amended by Acts 1997, 75th Leg., ch. 496, § 4, eff. Sept. 1,
1997.
§ 113.245. REPORT AND REMISSION OF FEES. (a) Each
person responsible for collecting and remitting a fee on a delivery
of LPG shall, on or before the 25th day of the month following the
end of each calendar month, file a report with the commission and
remit the amount of fees required to be collected or paid during the
preceding month.
(b) Each person responsible for collecting and remitting a
fee on a delivery of LPG or the person's representative shall
prepare the report required under Subsection (a) of this section on
a form provided or approved by the commission.
Added by Acts 1991, 72nd Leg., ch. 725, § 14, eff. Aug. 26, 1991.
Amended by Acts 1997, 75th Leg., ch. 496, § 5, eff. Sept. 1,
1997.
§ 113.246. RULES REGARDING FEES; AGREEMENTS WITH OTHER
STATES. (a) The commission shall adopt rules necessary for the
administration, collection, reporting, and payment of the fees
payable or collected under this subchapter and the Propane
Education and Research Act of 1996 (15 U.S.C. Section 6401 et seq.)
or other applicable federal law.
(b) The rebate program provided in Section 113.2435 shall be
funded by 50 percent of the total delivery fees collected under
Section 113.244. Administrative costs for the Alternative Fuels
Research and Education Division program may not exceed 25 percent
of the total delivery fees collected. The remainder of the total
delivery fees collected may be expended at the discretion of the
commission.
(c) The commission may enter into an agreement with an
agency of or an organization in another state and with the national
Propane Education and Research Council to coordinate the
administration, collection, reporting, and payment of the fees
payable or collected under the Propane Education and Research Act
of 1996 (15 U.S.C. Section 6401 et seq.) or other applicable federal
law.
(d) The commission may enter into an agreement with an
agency of or an organization in another state to coordinate the
administration, collection, reporting, and payment of the fees
payable or collected under this subchapter and the other state's
propane education and research program created by that state's law
or rule.
(e) An agreement executed under Subsection (c) or (d) may
include reporting, auditing, collecting, apportioning, and
remitting fees and assessments payable or collected under this
subchapter, the Propane Education and Research Act of 1996 (15
U.S.C. Section 6401 et seq.) or other applicable federal law, and
the other state's propane education and research program. The
commission may adopt rules necessary to implement the agreements
authorized by this section.
(f) None of the funds payable or collected under or by the
authority of the Propane Education and Research Act of 1996 (15
U.S.C. Section 6401 et seq.) may be spent on the promotion or
marketing of propane for use in on-the-road vehicles.
Added by Acts 1991, 72nd Leg., ch. 725, § 14, eff. Aug. 26, 1991.
Amended by Acts 1997, 75th Leg., ch. 496, § 6, 7.
§ 113.247. PENALTIES RELATED TO REPORT OR FEES. (a) A
person who fails to file a report as provided by this subchapter or
who possesses a fee collected or payable under this subchapter and
who fails to remit the fee to the commission at the time and in the
manner required by this subchapter and rules of the commission
shall pay a penalty of five percent of the amount of the fee due and
payable. If the person fails to file the report or pay the fee
before the 30th day after the date on which the fee or report is due,
the person shall pay a penalty of an additional five percent of the
amount of the fee due and payable.
(b) The commission may add a penalty of 75 percent of the
amount of the fee or penalty due if failure to file the report or pay
the fee when it comes due is attributable to fraud or an intent to
evade the application of this section or a rule made under this
subchapter.
Added by Acts 1991, 72nd Leg., ch. 725, § 14, eff. Aug. 26, 1991.
§ 113.248. CIVIL PENALTY. A person forfeits to the
state a civil penalty of not less than $25 nor more than $200 if the
person:
(1) fails or refuses to comply with or violates this
subchapter; or
(2) fails or refuses to comply with or violates a
commission rule for administering or enforcing this subchapter.
Added by Acts 1991, 72nd Leg., ch. 725, § 14, eff. Aug. 26, 1991.
§ 113.249. ATTORNEY GENERAL. The attorney general, at
the request of the commission, may sue in a court of competent
jurisdiction to collect any fee or penalty due under this
subchapter.
Added by Acts 1991, 72nd Leg., ch. 725, § 14, eff. Aug. 26, 1991.
§ 113.250. CRIMINAL PENALTY. (a) A person commits an
offense if the person makes and delivers to the commission a report
required under this subchapter to be made and delivered to the
commission, if the report contains false information. An offense
under this subsection is a felony of the third degree.
(b) The court may not fine a corporation or association
under Section 12.51(c), Penal Code, unless the amount of the fine
under that subsection is greater than the amount that could be fixed
by the court under Section 12.51(b), Penal Code.
(c) In addition to a sentence imposed on a corporation, the
court shall give notice of the conviction to the attorney general as
required by Article 17A.09, Code of Criminal Procedure.
Added by Acts 1991, 72nd Leg., ch. 725, § 14, eff. Aug. 26, 1991.
SUBCHAPTER J. ALTERNATIVE FUELS COUNCIL
§ 113.281. DEFINITION. In this subchapter, "council"
means the Alternative Fuels Council.
Added by Acts 1993, 73rd Leg., ch. 603, § 4, eff. Sept. 1, 1993.
§ 113.282. ALTERNATIVE FUELS COUNCIL. The Alternative
Fuels Council is an agency of the state.
Added by Acts 1993, 73rd Leg., ch. 603, § 4, eff. Sept. 1, 1993.
§ 113.283. COMPOSITION. (a) The council is composed
of the following individuals:
(1) the commissioner of the General Land Office;
(2) the members of the Railroad Commission of Texas;
(3) the chairman of the General Services Commission;
and
(4) the chairman of the Texas Natural Resource
Conservation Commission.
(b) A member may designate an individual from the state
agency the member represents to serve in place of the member.
(c) The initial chairman of the council shall be the
commissioner of the General Land Office or a person designated by
the commissioner. Chairmanship of the council shall rotate
annually between the commissioner of the General Land Office and
the chairman of the Railroad Commission of Texas or individuals
designated by those members under Subsection (b) of this section.
Added by Acts 1993, 73rd Leg., ch. 603, § 4, eff. Sept. 1, 1993.
Amended by Acts 1995, 74th Leg., ch. 76, § 11.273, eff. Sept. 1,
1995.
§ 113.284. ALTERNATIVE FUELS PROGRAM. (a) The council
shall coordinate a comprehensive program to be carried out by state
agencies in support of the use of environmentally beneficial
alternative fuels.
(b) In developing a program under this section, the council
may adopt rules necessary to achieve the purposes of this
subchapter.
Added by Acts 1993, 73rd Leg., ch. 603, § 4, eff. Sept. 1, 1993.
§ 113.285. LEGISLATIVE FINDINGS. (a) The legislature
finds that this subchapter serves the public purposes of:
(1) development and diversification of the economy of
the state;
(2) elimination of unemployment or underemployment in
the state; and
(3) development or expansion of transportation or
commerce in the state.
(b) The enumeration of public purposes in Subsection (a) of
this section is not intended to be a complete list of the public
purposes served by this subchapter and does not preclude a finding
that this subchapter serves a public purpose not enumerated in that
subsection.
Added by Acts 1993, 73rd Leg., ch. 603, § 4, eff. Sept. 1, 1993.
§ 113.286. ALTERNATIVE FUELS CONVERSION FUND. (a) The
alternative fuels conversion fund is in the state treasury.
(b) To the extent permitted by federal law or regulations,
the council may use the money in the fund only to:
(1) make loans or grants under this subchapter;
(2) finance activities supporting or encouraging the
use of compressed natural gas, liquefied natural gas, liquefied
petroleum gas, methanol or methanol/gasoline blends of 85 percent
or greater, ethanol or ethanol/gasoline blends of 85 percent or
greater, or electricity; or
(3) pay the costs of administering this subchapter.
(c) The council may apply for, request, solicit, contract
for, receive, and accept gifts, grants, and other assistance from
any source for the purposes of this subchapter.
(d) The council shall maintain a separate account in the
fund for money received that is designated for the promotion of a
specific fuel or that is collected from a discrete component of the
alternative fuels industry. The council may use money in a separate
account in the fund only to finance an activity that relates to the
fuel for which the money is received.
(e) The fund consists of:
(1) oil overcharge funds appropriated by the
legislature;
(2) gifts, grants, and other assistance to the council
or fund for the purpose of financing alternative fuels activities;
(3) other money designated by the legislature or the
executive branch;
(4) payments of principal and interest on loans made
under this subchapter; and
(5) interest earned on amounts in the fund.
Added by Acts 1993, 73rd Leg., ch. 603, § 4, eff. Sept. 1, 1993.
Amended by Acts 1995, 74th Leg., ch. 11, § 16, eff. Sept. 1,
1995.
§ 113.287. FUELS CONVERSION LOAN PROGRAM. (a) The
council may make loans, grants, or other distributions to eligible
borrowers to fund conversion or infrastructure projects to promote
the use of environmentally beneficial fuels or for other purposes,
subject to applicable regulations or approval of the United States
Department of Energy.
(b) The council shall adopt rules necessary to administer
the fuels conversion loan program.
(c) The council shall adopt rules under this section in
accordance with applicable rules and regulations of the United
States Department of Energy.
(d) The council by rule shall determine which individuals
and businesses are eligible for a loan, grant, or other
disbursement under this section. The rules shall provide for
historically underutilized businesses, individuals with low
incomes, institutions of higher education, and health care
facilities to be eligible for loans, grants, or other disbursements
to undertake conversion and infrastructure projects for fuels.
(e) A state agency, county, municipality, school district,
or mass transit authority or department is eligible to receive a
loan, grant, or other disbursement under this subchapter to carry
out an eligible conversion or infrastructure project regarding LPG
or another environmentally beneficial fuel to comply with fuel
requirements provided by or by rules adopted under:
(1) Subchapter F, Chapter 382, Health and Safety Code;
(2) Subchapter A, Chapter 2158, Government Code;
(3) Subchapter C, Chapter 2171, Government Code;
(4) Subchapter G, Chapter 451, Transportation Code;
(5) Subchapter F, Chapter 452, Transportation Code;
or
(6) Subchapter F, Chapter 453, Transportation Code.
(f) The council may make a loan to finance the construction
of an infrastructure refueling facility only if the facility is to
serve and be accessible to the general public to the extent
practicable.
Added by Acts 1993, 73rd Leg., ch. 603, § 4, eff. Sept. 1, 1993.
Amended by Acts 1995, 74th Leg., ch. 11, § 17, eff. Sept. 1,
1995; Acts 1995, 74th Leg., ch. 260, § 41, eff. May 30, 1995;
Acts 1997, 75th Leg., ch. 165, § 30.230, eff. Sept. 1, 1997.
§ 113.288. INTEREST AMOUNTS. (a) The council may loan
money under this subchapter at no interest to a state agency,
county, municipality, school district, or mass transit authority or
department.
(b) A loan to any other entity must bear interest at a rate
that is not greater than the auction average rate quoted on a bank
discount basis for 26-week treasury bills issued by the United
States as published by the federal reserve board for the week
preceding the week in which the interest rate is determined, plus
two percent.
Added by Acts 1993, 73rd Leg., ch. 603, § 4, eff. Sept. 1, 1993.
§ 113.289. TERM OF LOAN. A loan under this subchapter
must be repaid not later than the fifth anniversary of the date the
loan was issued.
Added by Acts 1993, 73rd Leg., ch. 603, § 4, eff. Sept. 1, 1993.
§ 113.290. TRANSFER OF VEHICLE OR OTHER PROPERTY
CONVERTED WITH LOAN PROCEEDS. A borrower may not transfer to
another person a vehicle or other property converted to alternative
fuel use with the proceeds of a loan under this subchapter unless
before the transfer:
(1) the loan is fully repaid; or
(2) the alternative fuels equipment purchased,
installed, or constructed with the loan proceeds is removed and
installed on another vehicle or other property owned by the person.
Added by Acts 1993, 73rd Leg., ch. 603, § 4, eff. Sept. 1, 1993.
SUBCHAPTER K. LIABILITY OF LICENSE HOLDER
§ 113.301. LIMITATION OF LIABILITY OF LICENSED INSTALLER
OR SERVICER. A person is not liable for damages caused solely by a
malfunction or improper operation of an LPG system that the person
installed or serviced in a residential, commercial, or public
building or in a motor vehicle if:
(1) the person was licensed to perform the
installation or service;
(2) the installation or service was performed in
compliance with the safety rules and standards adopted by the
commission;
(3) the person has no control over the operation of the
LPG system;
(4) the person was not negligent; and
(5) the person did not supply a defective product
which was a producing cause of harm.
Added by Acts 1993, 73rd Leg., ch. 80, § 1, eff. Aug. 30, 1993.
Amended by Acts 1997, 75th Leg., ch. 300, § 1, eff. May 26, 1997.
SUBCHAPTER L. TESTING OF LP-GAS SYSTEMS IN SCHOOL FACILITIES
§ 113.351. DEFINITIONS. In this subchapter:
(1) "School district" means:
(A) an entity created under the laws of this
state and accredited by the Texas Education Agency under Subchapter
D, Chapter 39, Education Code;
(B) a private elementary or secondary school,
other than a school in a residence; or
(C) a state or regional school for the blind and
visually impaired or the deaf under Chapter 30, Education Code.
(2) "Supplier" means an individual or company that
sells and delivers liquefied petroleum gas to a school district
facility. If more than one individual or company sells and delivers
LP-gas to a facility of a school district, each individual or
company is a supplier for purposes of this subchapter.
Added by Acts 2001, 77th Leg., ch. 1233, § 53, eff. Sept. 1,
2001.
§ 113.352. DUTY TO TEST FOR LEAKAGE. (a) Each school
district shall perform pressure tests for leakage on the LP-gas
piping system in each school district facility at least biennially.
The tests must be performed before the beginning of the school year.
(b) The school district may perform the pressure tests on a
two-year cycle under which the tests are performed for the LP-gas
piping systems of approximately one-half of the facilities each
year.
(c) If a school district operates one or more school
district facilities on a year-round calendar, the pressure test in
each of those facilities must be conducted and reported not later
than July 1 of the year in which the test is performed.
(d) A test performed under a municipal code satisfies the
pressure testing requirements prescribed by this section.
Added by Acts 2001, 77th Leg., ch. 1233, § 53, eff. Sept. 1,
2001.
§ 113.353. REQUIREMENTS OF TEST. (a) The school
district shall perform the pressure test to determine whether the
LP-gas piping system holds at least the amount of pressure
specified by the National Fire Protection Association 54, National
Fuel Gas Code.
(b) The pressure test must be conducted in accordance with
National Fire Protection Association 54.
(c) At the request of a school district, the commission
shall assist the district in providing for the certification of an
employee of the school district or school, as applicable, to
conduct the test and in developing a procedure for conducting the
test.
Added by Acts 2001, 77th Leg., ch. 1233, § 53, eff. Sept. 1,
2001.
§ 113.354. NOTICE OF TEST. (a) A school district shall
provide written notice to the commission specifying the date and
the result of each pressure test or other inspection of the LP-gas
piping system.
(b) Before the introduction of any LP-gas into the LP-gas
piping system, the school district shall provide verification to
the district's supplier that the piping has been tested in
accordance with this subchapter.
(c) The commission shall maintain a copy of the notice
provided under Subsection (a) until at least the first anniversary
of the date the commission received the notice.
Added by Acts 2001, 77th Leg., ch. 1233, § 53, eff. Sept. 1,
2001.
§ 113.355. TERMINATION OF SERVICE. A supplier shall
terminate service to a school district facility if:
(1) the supplier receives official notification from
the firm or individual conducting the test of a hazardous leakage in
the facility LP-gas piping system; or
(2) a test at the facility is not performed as required
by this subchapter.
Added by Acts 2001, 77th Leg., ch. 1233, § 53, eff. Sept. 1,
2001.
§ 113.356. REPORT TO BOARD OF TRUSTEES. An identified
LP-gas leakage in a school district facility shall be reported to
the board of trustees of the district in which the facility is
located.
Added by Acts 2001, 77th Leg., ch. 1233, § 53, eff. Sept. 1,
2001.
§ 113.357. ENFORCEMENT. The commission shall enforce
this subchapter.
Added by Acts 2001, 77th Leg., ch. 1233, § 53, eff. Sept. 1,
2001.
