Bill Text: TX SB1515 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the registration of liquefied petroleum gas container manufacturers and the regulation of liquefied petroleum gas licensees; authorizing fees.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-03-14 - Referred to Natural Resources & Economic Development [SB1515 Detail]
Download: Texas-2019-SB1515-Introduced.html
86R6473 BRG-F | ||
By: Birdwell | S.B. No. 1515 |
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relating to the registration of liquefied petroleum gas container | ||
manufacturers and the regulation of liquefied petroleum gas | ||
licensees; authorizing fees. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. The heading to Subchapter D, Chapter 113, | ||
Natural Resources Code, is amended to read as follows: | ||
SUBCHAPTER D. LICENSING AND REGISTRATION | ||
SECTION 2. Subchapter D, Chapter 113, Natural Resources | ||
Code, is amended by adding Section 113.080 to read as follows: | ||
Sec. 113.080. DEFINITIONS. In this subchapter: | ||
(1) "Carrier" means a person licensed for | ||
transportation of LP-gas by transport, including the loading and | ||
unloading of LP-gas, and the installation and repair of transport | ||
systems. | ||
(2) "Portable cylinder exchange service" means an | ||
operation conducted under a commission license for the sale of | ||
LP-gas in portable cylinders that are not filled on site and that | ||
have an LP-gas capacity not greater than 21 pounds. | ||
(3) "Retail and wholesale dealer" means a person | ||
licensed for any LP-gas activity except: | ||
(A) the assembly, repair, subframing, or testing | ||
of LP-gas containers; or | ||
(B) the sale or installation of motor fuel | ||
systems or mobile fuel systems that have an engine with a rating of | ||
more than 25 horsepower. | ||
(4) "Testing laboratory" means a person licensed for | ||
testing containers, motor fuel systems or mobile fuel systems, | ||
transfer systems, or transport systems for the purpose of | ||
determining the safety of the containers or systems for LP-gas | ||
service, including the necessary installation, disconnection, | ||
reconnection, testing, or repair of motor fuel systems or mobile | ||
fuel systems, transfer systems, or transport systems involved in | ||
the testing of containers. | ||
(5) "Transport outfitter" means a person licensed to: | ||
(A) subframe, test, or sell LP-gas transport | ||
containers; | ||
(B) test LP-gas storage containers; | ||
(C) install, test, or sell motor fuel containers | ||
and systems or mobile fuel containers and systems; | ||
(D) install transport systems; or | ||
(E) repair transport systems, motor fuel | ||
systems, or mobile fuel systems. | ||
SECTION 3. Section 113.081, Natural Resources Code, is | ||
amended by amending Subsections (a), (b), (c), (d), and (e) and | ||
adding Subsection (h) to read as follows: | ||
(a) Unless otherwise stated in this chapter, a [ |
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may not engage in any of the following activities unless that person | ||
has obtained a license from the commission authorizing that | ||
activity: | ||
(1) container activities: the [ |
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assembly, repair, testing, sale, installation, or subframing of | ||
containers for use in this state, except that a [ |
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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 LP-gas [ |
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(3) appliance activities: the service, installation, | ||
and repair of appliances used or to be used in this state in | ||
connection with systems using LP-gas [ |
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fuel, except that a [ |
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installation or connection of manufactured unvented appliances to | ||
LP-gas [ |
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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 LP-gas [ |
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this state, except that a [ |
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sell LP-gas [ |
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to the product sold or where the product is transported or stored by | ||
the ultimate consumer for personal consumption only. | ||
(b) The licensing requirements [ |
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(a) [ |
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political subdivision who [ |
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[ |
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used in the transportation of the general public. [ |
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intermodal containers or intermodal portable tanks constructed in | ||
accordance with United States Department of Transportation | ||
specifications. | ||
(c) The licensing requirements of Subsection (a) do not | ||
apply to a [ |
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[ |
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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 [ |
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by the Texas State Board of Plumbing Examiners from the license | ||
requirements of Subsection (a). | ||
(e) The commission by rule may exempt [ |
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Occupations Code, from the license requirements of Subsection (a). | ||
(h) A person operating a portable cylinder exchange service | ||
may not engage in another LP-gas activity requiring a license at the | ||
same location as the service. | ||
SECTION 4. Subchapter D, Chapter 113, Natural Resources | ||
Code, is amended by adding Section 113.0815 to read as follows: | ||
Sec. 113.0815. REGISTRATION OF CONTAINER MANUFACTURERS AND | ||
FABRICATORS. (a) A person may not engage in the manufacture or | ||
fabrication of containers for use in this state unless the person | ||
registers with the commission in accordance with rules adopted by | ||
the commission. | ||
(b) A registration under this section must be renewed | ||
annually. | ||
SECTION 5. Section 113.082, Natural Resources Code, is | ||
amended to read as follows: | ||
Sec. 113.082. CATEGORIES OF LP-GAS [ |
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(a) The commission by rule shall establish license categories for | ||
LP-gas activities [ |
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(b) The commission by rule shall establish reasonable | ||
application and original license fees and renewal fees for each | ||
type of license category established under Subsection (a) [ |
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SECTION 6. Section 113.084(b), Natural Resources Code, is | ||
amended to read as follows: | ||
(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 category for which an application is made. The applicant | ||
shall submit additional information and data with each application | ||
as the commission may reasonably require. | ||
SECTION 7. Sections 113.087(c), (d), and (g), Natural | ||
Resources Code, are amended to read as follows: | ||
(c) An [ |
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[ |
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this chapter, other than a portable cylinder exchange service [ |
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[ |
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good and sufficient proof through examination 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. A [ |
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who provides portable cylinders to a licensee operating a portable | ||
cylinder exchange service [ |
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(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 licensee operating the portable cylinder exchange | ||
service [ |
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(3) provide training approved by the commission | ||
regarding the contents of the manual to each individual who will be | ||
actively supervising operation of the portable cylinder exchange | ||
service [ |
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(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 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 notify the individual in | ||
writing [ |
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LP-gas employee certification and the reasons therefor [ |
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for a hearing, and the public hearing itself shall be governed by | ||
Section 113.091. | ||
(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 provided [ |
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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 [ |
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SECTION 8. Sections 113.089(a) and (c), Natural Resources | ||
Code, are amended to read as follows: | ||
(a) If application is made for a license by a retail and | ||
wholesale dealer [ |
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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. | ||
(c) A license for which an inspection under Subsection (a) | ||
is required may [ |
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inspection [ |
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applicant to be in satisfactory compliance with all current safety | ||
laws, rules, and practices. | ||
SECTION 9. Section 113.091(a), Natural Resources Code, is | ||
amended to read as follows: | ||
(a) If [ |
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requirements for original or renewal licensing set out in this | ||
chapter, the commission shall promptly send notice to the applicant | ||
specifying [ |
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applicant's failure to qualify for license and advising [ |
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the applicant of the right to request a hearing. | ||
SECTION 10. Sections 113.097(a), (b), (c), (d), (f), and | ||
(h), Natural Resources Code, are amended to read as follows: | ||
(a) The commission shall not issue a license authorizing | ||
LP-gas activities [ |
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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 may [ |
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this chapter is in effect. | ||
(c) Except as provided in Section 113.099 [ |
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the types and amounts of insurance provided in Subsections (d) | ||
through (i) [ |
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LP-gas activity licensed by the commission [ |
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incidental thereto. | ||
(d) A person licensed to transport LP-gas [ |
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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 may [ |
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evidence of financial responsibility under Chapter 601, | ||
Transportation Code. | ||
(f) A [ |
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portable cylinder exchange service [ |
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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. | ||
(h) As required by commission rule, a person registered | ||
under Section 113.0815 or licensed as a transport outfitter, | ||
carrier, retail and wholesale dealer, or testing laboratory | ||
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carry completed operations or products liability insurance, or | ||
both, in a reasonable amount, based on the type or types of | ||
registered or licensed activities. | ||
SECTION 11. Sections 113.099(a) and (d), Natural Resources | ||
Code, are amended to read as follows: | ||
(a) A person licensed to transport LP-gas [ |
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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. | ||
(d) A person registered under Section 113.0815 or licensed | ||
as a transport outfitter, carrier, retail and wholesale dealer, or | ||
testing laboratory [ |
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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. | ||
SECTION 12. Not later than January 1, 2020, the Railroad | ||
Commission of Texas shall adopt rules required by Chapter 113, | ||
Natural Resources Code, as amended by this Act. | ||
SECTION 13. This Act takes effect September 1, 2019. |