reglab/statecodes huggingface dataset:
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 113 - Liquefied Petroleum Gas › Subchapter D. Licensing and Registration › Section 113.080. Definitions

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.
Added by Acts 2019, 86th Leg., R.S., Ch. 56 (H.B. 2714), Sec. 2, eff. September 1, 2019.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 113 - Liquefied Petroleum Gas › Subchapter D. Licensing and Registration › Section 113.0815. Registration of Container Manufacturers and Fabricators

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.
Added by Acts 2019, 86th Leg., R.S., Ch. 56 (H.B. 2714), Sec. 4, eff. September 1, 2019.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 113 - Liquefied Petroleum Gas › Subchapter D. Licensing and Registration › Section 113.082. Categories of Lp-Gas Activities; Fees

Sec. 113.082.  CATEGORIES OF LP-GAS ACTIVITIES;  FEES.  (a)  The commission by rule shall establish license categories for LP-gas activities.
(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).
Amended by Acts 1979, 66th Leg., p. 2031, ch. 799, Sec. 1, eff. Sept. 1, 1980;  Acts 1983, 68th Leg., p. 1168, ch. 263, Sec. 7, eff. Sept. 1, 1983;  Acts 1987, 70th Leg., ch. 325, Sec. 2, eff. June 11, 1987;  Acts 1989, 71st Leg., ch. 533, Sec. 2, eff. Sept. 1, 1989;  Acts 1991, 72nd Leg., ch. 725, Sec. 5, eff. Aug. 26, 1991;  Acts 1993, 73rd Leg., ch. 1016, Sec. 4, eff. Sept. 1, 1993;  Acts 1995, 74th Leg., ch. 239, Sec. 3, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 66, Sec. 2, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 1260, Sec. 1, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 1233, Sec. 35, eff. Sept. 1, 2001.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 56 (H.B. 2714), Sec. 5, eff. September 1, 2019.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 113 - Liquefied Petroleum Gas › Subchapter D. Licensing and Registration › Section 113.083. Liquefied Petroleum Gas Emergency

Sec. 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, Sec. 1, eff. Aug. 29, 1991.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 113 - Liquefied Petroleum Gas › Subchapter D. Licensing and Registration › Section 113.084. Application

Sec. 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 category 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, Sec. 1, eff. Sept. 1, 1980;  Acts 2001, 77th Leg., ch. 1233, Sec. 36, eff. Sept. 1, 2001.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 56 (H.B. 2714), Sec. 6, eff. September 1, 2019.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 113 - Liquefied Petroleum Gas › Subchapter D. Licensing and Registration › Section 113.088. Examination; Seminar Fees

Sec. 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 by Subsection (c), 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, Sec. 1, eff. Sept. 1, 1980;  Acts 1987, 70th Leg., ch. 325, Sec. 4, eff. June 11, 1987;  Acts 1989, 71st Leg., ch. 533, Sec. 4, eff. Sept. 1, 1989.
Amended by:
Acts 2005, 79th Leg., Ch. 999 (H.B. 473), Sec. 2, eff. September 1, 2005.
Acts 2021, 87th Leg., R.S., Ch. 885 (S.B. 1582), Sec. 2, eff. September 1, 2021.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 113 - Liquefied Petroleum Gas › Subchapter D. Licensing and Registration › Section 113.089. Special Requirements for Licensing

Sec. 113.089.  SPECIAL REQUIREMENTS FOR LICENSING.  (a)  If application is made for a license by a retail and wholesale dealer 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 for which an inspection under Subsection (a) is required may not be issued until the inspection 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, Sec. 1, eff. Sept. 1, 1980;  Acts 1991, 72nd Leg., ch. 725, Sec. 7, eff. Aug. 26, 1991;  Acts 2001, 77th Leg., ch. 1233, Sec. 38, eff. Sept. 1, 2001.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 56 (H.B. 2714), Sec. 8, eff. September 1, 2019.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 113 - Liquefied Petroleum Gas › Subchapter D. Licensing and Registration › Section 113.090. Filing and Registration Fees

Sec. 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, Sec. 5, eff. June 11, 1987.  Amended by Acts 2001, 77th Leg., ch. 1233, Sec. 39, eff. Sept. 1, 2001.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 113 - Liquefied Petroleum Gas › Subchapter D. Licensing and Registration › Section 113.091. License Denial

Sec. 113.091.  LICENSE DENIAL.  (a)  If an applicant fails to meet the requirements for original or renewal licensing set out in this chapter, the commission shall promptly send notice to the applicant specifying the reason for the applicant's failure to qualify for license and advising 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, Sec. 1, eff. Sept. 1, 1980;  Acts 2001, 77th Leg., ch. 1233, Sec. 40, eff. Sept. 1, 2001.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 56 (H.B. 2714), Sec. 9, eff. September 1, 2019.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 113 - Liquefied Petroleum Gas › Subchapter D. Licensing and Registration › Section 113.092. License Issuance

Sec. 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 as otherwise provided for in Section 113.163.
(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, Sec. 1, eff. Sept. 1, 1980;  Acts 1987, 70th Leg., ch. 325, Sec. 6, eff. June 11, 1987.
Amended by:
Acts 2005, 79th Leg., Ch. 609 (H.B. 2172), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 113 - Liquefied Petroleum Gas › Subchapter D. Licensing and Registration › Section 113.093. License Renewal

Sec. 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, Sec. 1, eff. Sept. 1, 1980;  Acts 1983, 68th Leg., p. 1168, ch. 263, Sec. 7, eff. Sept. 1, 1983;  Acts 1993, 73rd Leg., ch. 1016, Sec. 5, eff. Sept. 1, 1993;  Acts 2001, 77th Leg., ch. 1233, Sec. 41, eff. Sept. 1, 2001.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 113 - Liquefied Petroleum Gas › Subchapter D. Licensing and Registration › Section 113.094. Staggered Renewal of Licenses

Sec. 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, Sec. 8, eff. Sept. 1, 1983.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 113 - Liquefied Petroleum Gas › Subchapter D. Licensing and Registration › Section 113.095. License and Examination by Endorsement: Out-of-State License or Certification

Sec. 113.095.  LICENSE AND EXAMINATION BY ENDORSEMENT: OUT-OF-STATE LICENSE OR CERTIFICATION.  (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, Sec. 8, eff. Sept. 1, 1983.  Amended by Acts 1995, 74th Leg., ch. 239, Sec. 5, eff. Sept. 1, 1995.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 617 (S.B. 1668), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 113 - Liquefied Petroleum Gas › Subchapter D. Licensing and Registration › Section 113.0955. Certification and Examination by Endorsement: Nationally Recognized Training

Sec. 113.0955.  CERTIFICATION AND EXAMINATION BY ENDORSEMENT: NATIONALLY RECOGNIZED TRAINING.  The commission by rule shall waive the requirements of Section 113.087 for an applicant for a certificate for cylinder filling who:
(1)  has completed training consistent with the guidelines established by the Propane Education & Research Council;
(2)  submits proof of completion of training described by Subdivision (1);
(3)  submits an application for that type of certificate;
(4)  pays the applicable original nonrefundable certification fee as established by the commission under Section 113.088; and
(5)  completes an examination for cylinder filling that:
(A)  is administered by the commission;
(B)  is approved by the commission as a comparable examination to the examination administered by the commission and submits proof of completion of the examination to the commission; or
(C)  uses Propane Education & Research Council training and examination materials and submits proof of completion of the examination to the commission.
Added by Acts 2021, 87th Leg., R.S., Ch. 617 (S.B. 1668), Sec. 2, eff. September 1, 2021.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 113 - Liquefied Petroleum Gas › Subchapter D. Licensing and Registration › Section 113.096. Provisional License

Sec. 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, Sec. 42, eff. Sept. 1, 2001.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 113 - Liquefied Petroleum Gas › Subchapter D. Licensing and Registration › Section 113.099. Statements in Lieu of Insurance Certificates

Sec. 113.099.  STATEMENTS IN LIEU OF INSURANCE CERTIFICATES.  (a)  A person licensed to transport LP-gas 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 person registered under Section 113.0815 or licensed as a transport outfitter, carrier, retail and wholesale dealer, or testing laboratory 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, Sec. 1, eff. Sept. 1, 1980;  Acts 1989, 71st Leg., ch. 533, Sec. 6, eff. Sept. 1, 1989;  Acts 1991, 72nd Leg., ch. 725, Sec. 10, eff. Aug. 26, 1991;  Acts 1993, 73rd Leg., ch. 1016, Sec. 7, eff. Sept. 1, 1993;  Acts 1995, 74th Leg., ch. 239, Sec. 7, eff. Sept. 1, 1995;  Acts 2001, 77th Leg., ch. 1233, Sec. 45, eff. Sept. 1, 2001.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 56 (H.B. 2714), Sec. 11, eff. September 1, 2019.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 113 - Liquefied Petroleum Gas › Subchapter E. Motor Vehicles and Testing Laboratories › Section 113.131. Transport Trucks and Trailers

Sec. 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, Sec. 1, eff. Sept. 1, 1980;  Acts 1987, 70th Leg., ch. 325, Sec. 9, eff. June 11, 1987;  Acts 1989, 71st Leg., ch. 533, Sec. 7, eff. Sept. 1, 1989;  Acts 1991, 72nd Leg., ch. 725, Sec. 11, eff. Aug. 26, 1991;  Acts 1993, 73rd Leg., ch. 1016, Sec. 8, eff. Sept. 1, 1993;  Acts 1997, 75th Leg., ch. 66, Sec. 5, eff. Sept. 1, 1997.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 113 - Liquefied Petroleum Gas › Subchapter E. Motor Vehicles and Testing Laboratories › Section 113.133. Motor Carrier Laws

Sec. 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, Sec. 1, eff. Sept. 1, 1980.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 113 - Liquefied Petroleum Gas › Subchapter E. Motor Vehicles and Testing Laboratories › Section 113.134. Department of Public Safety

Sec. 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, Sec. 1, eff. Sept. 1, 1980.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 113 - Liquefied Petroleum Gas › Subchapter F. License and Registration for an Exemption: Denial and Disciplinary Action › Section 113.161. Violations of Chapter or Rules; Informal Actions

Sec. 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, Sec. 1, eff. Sept. 1, 1980;  Acts 2001, 77th Leg., ch. 1233, Sec. 47, eff. Sept. 1, 2001.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 113 - Liquefied Petroleum Gas › Subchapter F. License and Registration for an Exemption: Denial and Disciplinary Action › Section 113.162. Hearings

Sec. 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, Sec. 1, eff. Sept. 1, 1980.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 113 - Liquefied Petroleum Gas › Subchapter F. License and Registration for an Exemption: Denial and Disciplinary Action › Section 113.164. Appeal

Sec. 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, Sec. 1, eff. Sept. 1, 1980.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 113 - Liquefied Petroleum Gas › Subchapter G. Fees and Funds › Section 113.201. Deposit and Expenditure of Fees and Funds

Sec. 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, Sec. 1, eff. Sept. 1, 1980;  Acts 1981, 67th Leg., p. 144, ch. 65, Sec. 2, eff. Sept. 1, 1981.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 113 - Liquefied Petroleum Gas › Subchapter H. Enforcement › Section 113.231. Injunctions

Sec. 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, Sec. 1, eff. Sept. 1, 1980.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 113 - Liquefied Petroleum Gas › Subchapter H. Enforcement › Section 113.232. General Penalty

Sec. 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, Sec. 1, eff. Sept. 1, 1980;  Acts 1983, 68th Leg., p. 5429, ch. 1011, Sec. 2, eff. Aug. 29, 1983;  Acts 1987, 70th Leg., ch. 325, Sec. 12, eff. June 11, 1987.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 113 - Liquefied Petroleum Gas › Subchapter H. Enforcement › Section 113.233. Entry for Inspection and Investigation

Sec. 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, Sec. 1, eff. Sept. 1, 1980;  Acts 1985, 69th Leg., ch. 911, Sec. 2, eff. Aug. 26, 1985;  Acts 2001, 77th Leg., ch. 1233, Sec. 49, eff. Sept. 1, 2001.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 113 - Liquefied Petroleum Gas › Subchapter H. Enforcement › Section 113.234. Warning Tag

Sec. 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, Sec. 1, eff. Sept. 1, 1980;  Acts 1987, 70th Leg., ch. 325, Sec. 13, eff. June 11, 1987.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 113 - Liquefied Petroleum Gas › Subchapter H. Enforcement › Section 113.235. Supplying or Removing Lpg After Warning Tag Attached

Sec. 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, Sec. 1, eff. Sept. 1, 1980.  Amended by Acts 1991, 72nd Leg., ch. 725, Sec. 13, eff. Aug. 26, 1991.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 113 - Liquefied Petroleum Gas › Subchapter H. Enforcement › Section 113.236. Penalty for Unauthorized Removal of Tag

Sec. 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, Sec. 1, eff. Sept. 1, 1980.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 113 - Liquefied Petroleum Gas › Subchapter K. Liability of License Holder › Section 113.301. Limitation of Liability of Licensed Installer or Servicer

Sec. 113.301.  LIMITATION OF LIABILITY OF LICENSED INSTALLER OR SERVICER.  A person is not liable for damages caused solely by a malfunction or the installation, modification, or improper operation of an LPG system that the person delivered for installation, installed, or serviced in a residential, commercial, or public building or in a motor vehicle if:
(1)  the person was licensed by the commission to perform the installation or service or was a registrant;
(2)  the delivery, 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 or use 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, Sec. 1, eff. Aug. 30, 1993.  Amended by Acts 1997, 75th Leg., ch. 300, Sec. 1, eff. May 26, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 462 (H.B. 1170), Sec. 2, eff. June 16, 2007.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 113 - Liquefied Petroleum Gas › Subchapter L. Testing of Lp-Gas Systems in School Facilities › Section 113.351. Definitions

Sec. 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, Sec. 53, eff. Sept. 1, 2001.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 113 - Liquefied Petroleum Gas › Subchapter L. Testing of Lp-Gas Systems in School Facilities › Section 113.352. Duty to Test for Leakage

Sec. 113.352.  DUTY TO TEST FOR LEAKAGE.  (a)  Each school district shall perform leakage 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 leakage 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 leakage 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, Sec. 53, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 995 (H.B. 3918), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 113 - Liquefied Petroleum Gas › Subchapter L. Testing of Lp-Gas Systems in School Facilities › Section 113.353. Requirements of Test

Sec. 113.353.  REQUIREMENTS OF TEST.  (a)  The school district shall perform the leakage test to determine whether the LP-gas piping system holds at least the amount of pressure specified by the commission.
(b)  The leakage test must be conducted in accordance with commission rules.
(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, Sec. 53, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 995 (H.B. 3918), Sec. 2, eff. June 19, 2009.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 113 - Liquefied Petroleum Gas › Subchapter L. Testing of Lp-Gas Systems in School Facilities › Section 113.354. Notice of Test

Sec. 113.354.  NOTICE OF TEST.  (a)  A school district shall retain documentation specifying the date and the result of each leakage test or other inspection of each LP-gas piping system until at least the fifth anniversary of the date the test or other inspection was performed.
(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 may review a school district's documentation of each leakage test or other inspection conducted by the school district.
Added by Acts 2001, 77th Leg., ch. 1233, Sec. 53, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 995 (H.B. 3918), Sec. 3, eff. June 19, 2009.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 113 - Liquefied Petroleum Gas › Subchapter L. Testing of Lp-Gas Systems in School Facilities › Section 113.355. Termination of Service

Sec. 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, Sec. 53, eff. Sept. 1, 2001.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 113 - Liquefied Petroleum Gas › Subchapter L. Testing of Lp-Gas Systems in School Facilities › Section 113.356. Report to Board of Trustees

Sec. 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, Sec. 53, eff. Sept. 1, 2001.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 113 - Liquefied Petroleum Gas › Subchapter L. Testing of Lp-Gas Systems in School Facilities › Section 113.357. Enforcement

Sec. 113.357.  ENFORCEMENT.  The commission shall enforce this subchapter.
Added by Acts 2001, 77th Leg., ch. 1233, Sec. 53, eff. Sept. 1, 2001.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 113 - Liquefied Petroleum Gas › Subchapter M. Consumer Safety Notification › Section 113.401. Notice Required

Sec. 113.401.  NOTICE REQUIRED.  (a)  A person holding a license to install or repair an LPG system who sells, installs, or repairs an LPG system, piping or other equipment that is part of a system, or an appliance that is connected or attached to a system shall provide the following notice to the purchaser or owner of the system, piping or other equipment, or appliance:
WARNING:  Flammable Gas.  The installation, modification, or repair of an LPG system by a person who is not licensed or registered to install, modify, or repair an LPG system may cause injury, harm, or loss.  Contact a person licensed or registered to install, modify, or repair an LPG system.  A person licensed to install or repair an LPG system may not be liable for damages caused by the modification of an LPG system by an unlicensed person except as otherwise provided by applicable law.
(b)  The commission shall adopt rules relating to the notice required by Subsection (a).
Added by Acts 2007, 80th Leg., R.S., Ch. 462 (H.B. 1170), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 114 - Oil Tanker Vehicles › Subchapter A. General Provisions › Section 114.001. Definitions

Sec. 114.001.  DEFINITIONS.  In this chapter:
(1)  "Commission" means the Railroad Commission of Texas.
(2)  "Liquid hydrocarbons" means unrefined oil or condensate, and refined oil or condensate to be blended with unrefined liquid hydrocarbons.
(3)  "Transporter" means each gatherer, storer, or other handler of liquid hydrocarbons who moves or transports those liquid hydrocarbons by truck or other motor vehicle.
(4)  "Oil tanker vehicle" means a motor vehicle licensed for highway use on a public highway or used on a public highway:
(A)  that is equipped with, carrying, pulling, or otherwise transporting an assembly, compartment, tank, or other container that is used for transporting, hauling, or delivering liquids;  and
(B)  that is being used to transport liquid hydrocarbons on a public highway.
(5)  "Public highway" means a way or place of whatever nature open to the use of the public as a matter of right for the purpose of vehicular travel, even if the way or place is temporarily closed for the purpose of construction, maintenance, or repair.
(6)  "Lease" means a well producing oil, gas, or oil and gas, and any group of contiguous wells producing oil, gas, or oil and gas of any number operated as a producing unit.
(7)  "Facility" means any place used to store, process, refine, reclaim, dispose of, or treat liquid hydrocarbons.
(8)  "Cargo manifest" means one or more documents that together contain the information required by Section 114.012 of this code.
Added by Acts 1983, 68th Leg., p. 1230, ch. 263, Sec. 30, eff. Sept. 1, 1983.