CHAPTER 113. LIQUEFIED PETROLEUM GAS
NATURAL RESOURCES CODE
TITLE 3. OIL AND GAS
SUBTITLE D. REGULATION OF SPECIFIC BUSINESSES AND OCCUPATIONS
CHAPTER 113. LIQUEFIED PETROLEUM GAS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 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, Sec. 1, eff.
Sept. 1, 1980.
Sec. 113.002. DEFINITIONS. In this chapter:
(1) "Commission" means the Railroad Commission of Texas.
(2) Repealed by Acts 2001, 77th Leg., ch. 1233, Sec. 76(2), eff.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, Sec. 1, eff.
Sept. 1, 1980; Acts 1987, 70th Leg., ch. 325, Sec. 1, eff. June
11, 1987; Acts 1991, 72nd Leg., ch. 725, Sec. 1, eff. Aug. 26,
1991; Acts 1993, 73rd Leg., ch. 1016, Sec. 1, eff. Sept. 1, 1993;
Acts 1997, 75th Leg., ch. 66, Sec. 1, eff. Sept. 1, 1997; Acts
2001, 77th Leg., ch. 611, Sec. 1, eff. Sept. 1, 2001; Acts 2001,
77th Leg., ch. 1233, Sec. 76(2), eff. Sept. 1, 2001.
Sec. 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, Sec. 1, eff.
Sept. 1, 1980; Acts 1991, 72nd Leg., ch. 725, Sec. 2, eff. Aug.
26, 1991; Acts 1993, 73rd Leg., ch. 1016, Sec. 2, eff. Sept. 1,
1993; Acts 1995, 74th Leg., ch. 239, Sec. 1, eff. Sept. 1, 1995.
SUBCHAPTER B. ADMINISTRATIVE PROVISIONS
Sec. 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, Sec. 1, eff.
Sept. 1, 1980; Acts 2001, 77th Leg., ch. 1233, Sec. 35, eff.
Sept. 1, 2001.
Sec. 113.014. EMPLOYEES. Sufficient employees shall be provided
for the enforcement of this chapter.
Amended by Acts 1979, 66th Leg., p. 2031, ch. 799, Sec. 1, eff.
Sept. 1, 1980; Acts 2001, 77th Leg., ch. 1233, Sec. 35, eff.
Sept. 1, 2001.
Sec. 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, Sec. 1, eff.
Sept. 1, 1980; Acts 1991, 72nd Leg., ch. 725, Sec. 3, eff. Aug.
26, 1991; Acts 2001, 77th Leg., ch. 1233, Sec. 35, eff. Sept. 1,
2001.
SUBCHAPTER C. RULES AND STANDARDS
Sec. 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, Sec. 1, eff.
Sept. 1, 1980.
Sec. 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, Sec. 6, eff.
Sept. 1, 1983. Amended by Acts 2001, 77th Leg., ch. 1233, Sec.
35, eff. Sept. 1, 2001.
Sec. 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, Sec. 1, eff.
Sept. 1, 1980.
Sec. 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, Sec. 1, eff.
Sept. 1, 1980.
SUBCHAPTER D. LICENSING
Sec. 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, Sec. 1, eff.
Sept. 1, 1980; Acts 1983, 68th Leg., p. 5428, ch. 1011, Sec. 1,
eff. Aug. 29, 1983; Acts 1985, 69th Leg., ch. 911, Sec. 1, eff.
Aug. 26, 1985; Acts 1989, 71st Leg., ch. 533, Sec. 1, eff. Sept.
1, 1989; Acts 1991, 72nd Leg., ch. 725, Sec. 4, eff. Aug. 26,
1991; Acts 1993, 73rd Leg., ch. 1016, Sec. 3, eff. Sept. 1, 1993;
Acts 1995, 74th Leg., ch. 239, Sec. 2, eff. Sept. 1, 1995; Acts
2003, 78th Leg., ch. 1276, Sec. 14A.797, eff. Sept. 1, 2003.
Sec. 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, 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.
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.
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
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.
Sec. 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. The
commission shall prepare, administer, and grade or review an
examination required by this section or contract with a testing
service to prepare, administer, and grade or review the
examination.
(b) Before license issuance, the commission shall require the
individual designated as the licensee's representative to the
commission to provide good and sufficient proof through
examination of working knowledge of this chapter and rules of the
commission which affect the type of license for which application
is made. Thereafter, each licensee shall maintain a qualified
representative at all times.
(c) Each individual who will be actively supervising those
operations requiring any license under this chapter, other than a
license under Section 113.082(a)(16), at any outlet or location,
as designated by the commission, shall be required to provide
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. Each licensee under Section 113.082(a)(5)
who provides portable cylinders to a licensee under Section
113.082(a)(16) shall:
(1) prepare or obtain a manual approved by the commission
covering the proper procedures for handling LP-gas in the
portable cylinder exchange process;
(2) provide a copy of the manual to each outlet or location of
the licensee under Section 113.082(a)(16); and
(3) provide training approved by the commission regarding the
contents of the manual to each individual who will be actively
supervising operations requiring a license under Section
113.082(a)(16) at each outlet or location.
(d) As determined by commission rule, each individual who is or
will be utilized by a licensee or a public employee of the state,
the federal government, or a state or federal subdivision in
LPG-related activities shall be required to provide good and
sufficient proof through examination 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.
(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, 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. 3, eff.
June 11, 1987; Acts 1989, 71st Leg., ch. 533, Sec. 3, eff. Sept.
1, 1989; Acts 1991, 72nd Leg., ch. 725, Sec. 6, eff. Aug. 26,
1991; Acts 1995, 74th Leg., ch. 239, Sec. 4, eff. Sept. 1, 1995;
Acts 2001, 77th Leg., ch. 611, Sec. 2, eff. Sept. 1, 2001; Acts
2001, 77th Leg., ch. 1233, Sec. 37, eff. Sept. 1, 2001; Acts
2003, 78th Leg., ch. 1276, Sec. 14A.798, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
999, Sec. 1, eff. September 1, 2005.
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 this subsection or Subsection (c), the
commission shall receive a nonrefundable fee for each examination
or seminar registration. If the examination is administered by a
testing service, the testing service may administer the
examination before the commission receives the fee. A testing
service that administers an examination shall collect a
nonrefundable fee for the examination before the examination is
administered and shall forward the fee to the commission not
later than the fifth business day after the date the testing
service receives the fee.
(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, Sec. 2, eff. September 1, 2005.
Sec. 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, 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.
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.
Sec. 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, Sec. 1, eff.
Sept. 1, 1980; Acts 2001, 77th Leg., ch. 1233, Sec. 40, eff.
Sept. 1, 2001.
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, Sec. 1, eff. September 1, 2005.
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.
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.
Sec. 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, Sec. 8, eff.
Sept. 1, 1983. Amended by Acts 1995, 74th Leg., ch. 239, Sec. 5,
eff. Sept. 1, 1995.
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.
Sec. 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, Sec. 1, eff.
Sept. 1, 1980; Acts 1987, 70th Leg., ch. 325, Sec. 7, eff. June
11, 1987; Acts 1987, 70th Leg., ch. 1050, Sec. 2, eff. June 19,
1987; Acts 1989, 71st Leg., ch. 533, Sec. 5, eff. Sept. 1, 1989;
Acts 1991, 72nd Leg., ch. 16, Sec. 14.01, eff. Aug. 26, 1991;
Acts 1991, 72nd Leg., ch. 725, Sec. 8, eff. Aug. 26, 1991; Acts
1993, 73rd Leg., ch. 1016, Sec. 6, eff. Sept. 1, 1993; Acts 1995,
74th Leg., ch. 239, Sec. 6, eff. Sept. 1, 1995; Acts 1997, 75th
Leg., ch. 66, Sec. 4, eff. Sept. 1, 1997; Acts 1997, 75th Leg.,
ch. 165, Sec. 30.229, eff. Sept. 1, 1997; Acts 2001, 77th Leg.,
ch. 611, Sec. 3, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch.
1233, Sec. 43, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch.
1276, Sec. 10A.538, 14A.799, eff. Sept. 1, 2003.
Sec. 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, Sec. 1, eff.
Sept. 1, 1980; Acts 1987, 70th Leg., ch. 325, Sec. 8, eff. June
11, 1987; Acts 1991, 72nd Leg., ch. 725, Sec. 9, eff. Aug. 26,
1991; Acts 2001, 77th Leg., ch. 1233, Sec. 44, eff. Sept. 1,
2001.
Sec. 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, 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.
SUBCHAPTER E. MOTOR VEHICLES AND TESTING LABORATORIES
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.
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.
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.
SUBCHAPTER F. LICENSE AND REGISTRATION FOR AN EXEMPTION: DENIAL
AND DISCIPLINARY ACTION
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.
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.
Sec. 113.163. DENIAL, REFUSAL TO RENEW, OR REVOCATION OF LICENSE
OR REGISTRATION FOR AN EXEMPTION IN EVENT OF VIOLATION. (a)
Except as provided by Subsections (d) and (f), the commission may
not approve an application for a license under this chapter or
approve a registration for an exemption under Section 113.081(d)
or (e) if:
(1) the applicant or registrant for an exemption has violated a
statute or commission rule, order, license, permit, or
certificate that relates to safety; or
(2) a person who holds a position of ownership or control in the
applicant or registrant for an exemption has held a position of
ownership or control in another person during the seven years
preceding the date on which the application or registration for
an exemption is filed and during that period of ownership or
control the other person violated a statute or commission rule,
order, license, permit, or certificate that relates to safety.
(b) An applicant, registrant for an exemption, or other person
has committed a violation described by Subsection (a) if:
(1) a final judgment or final administrative order finding the
violation has been entered against the applicant, registrant for
an exemption, or other person and all appeals have been
exhausted; or
(2) the commission and the applicant, registrant for an
exemption, or other person have entered into an agreed order
relating to the alleged violation.
(c) Regardless of whether the person's name appears or is
required to appear on an application or registration for an
exemption, a person holds a position of ownership or control in
an applicant, registrant for an exemption, or other person if:
(1) the person is:
(A) an officer or director of the applicant, registrant for an
exemption, or other person;
(B) a general partner of the applicant, registrant for an
exemption, or other person;
(C) the owner of a sole proprietorship applicant, registrant for
an exemption, or other person;
(D) the owner of at least 25 percent of the beneficial interest
in the applicant, registrant for an exemption, or other person;
or
(E) a trustee of the applicant, registrant for an exemption, or
other person; or
(2) the applicant, registrant for an exemption, or other person
has been determined by a final judgment or final administrative
order to have exerted actual control over the applicant,
registrant for an exemption, or other person.
(d) The commission shall approve an application for a license
under this chapter or for a registration for an exemption under
Section 113.081(d) or (e) if:
(1) the conditions that constituted the violation are corrected
or are being corrected in accordance with a schedule to which the
commission and the applicant, registrant for an exemption, or
other person have agreed;
(2) all administrative, civil, and criminal penalties are paid
or are being paid in accordance with a payment schedule to which
the commission and the applicant, registrant for an exemption, or
other person have agreed; and
(3) the application or registration for an exemption is in
compliance with all other requirements of law and commission
rules.
(e) If an application or registration for an exemption is denied
under this section, the commission shall provide the applicant or
registrant for an exemption with a written statement explaining
the reason for the denial.
(f) Notwithstanding Subsection (a), the commission may issue a
license to an applicant described by Subsection (a) or approve a
registration for an exemption for a registrant for an exemption
described by that subsection for a term specified by the
commission if the license or registration for an exemption is
necessary to remedy a violation of law or commission rules.
(g) A fee tendered in connection with an application or
registration for an exemption that is denied under this section
is nonrefundable.
(h) If the commission is prohibited by Subsection (a) from
approving an application for a license or a registration for an
exemption or would be prohibited from doing so by that subsection
if the applicant, licensee, or registrant for an exemption
submitted an application or registration for an exemption, the
commission, after notice and opportunity for a hearing, by order
may refuse to renew or may revoke a license or registration for
an exemption issued to the applicant, licensee, or registrant for
an exemption under this chapter. The commission may not revoke
or refuse to renew a license or registration for an exemption
under this subsection if the commission finds that the applicant,
licensee, or registrant for an exemption has fulfilled the
conditions set out in Subsection (d).
(i) An order issued under Subsection (h) must provide the
applicant, licensee, or registrant for an exemption a reasonable
period to comply with the judgment or order finding the violation
before the order takes effect.
(j) On refusal to renew or revocation of a person's license or
registration for an exemption under Subsection (h), the person
may not perform any activities under the jurisdiction of the
commission under this chapter, except as necessary to remedy a
violation of law or commission rules and as authorized by the
commission under a license or registration for an exemption
issued under Subsection (f).
(k) In determining whether to refuse to renew or to revoke a
person's license or registration for an exemption under
Subsection (h), the commission shall consider the person's
history of previous violations, the seriousness of previous
violations, any hazard to the health or safety of the public, and
the demonstrated good faith of the person.
(l) Refusal to renew or revocation of a person's license or
registration for an exemption under Subsection (h) does not
relieve the person of any existing or future duty under law,
rules, or license or registration conditions.
Amended by Acts 1979, 66th Leg., p. 2031, ch. 799, Sec. 1, eff.
Sept. 1, 1980; Acts 1983, 68th Leg., p. 1167, ch. 263, Sec. 5,
eff. Sept. 1, 1983; Acts 1987, 70th Leg., ch. 325, Sec. 11, eff.
June 11, 1987; Acts 2001, 77th Leg., ch. 1233, Sec. 48, eff.
Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch.
609, Sec. 3, eff. September 1, 2005.
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.
SUBCHAPTER G. 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.
SUBCHAPTER H. ENFORCEMENT
Sec. 113.231. INJUNCTIONS. (a) On request of the