CHAPTER 116. COMPRESSED NATURAL GAS
NATURAL RESOURCES CODE
TITLE 3. OIL AND GAS
SUBTITLE D. REGULATION OF SPECIFIC BUSINESSES AND OCCUPATIONS
CHAPTER 116. COMPRESSED NATURAL GAS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 116.001. DEFINITIONS. In this chapter:
(1) "Commission" means the Railroad Commission of Texas.
(2) "Compressed natural gas" or "CNG" means natural gas
primarily consisting of methane in a gaseous state that is
compressed and used, stored, sold, transported, or distributed
for use by or through a CNG system.
(3) "Liquefied natural gas" or "LNG" means natural gas primarily
consisting of methane in liquid or semisolid state.
(4) "CNG cylinder" means a cylinder or other container designed
for use or used as part of a CNG system.
(5) "LNG container" means a container designed for use or used
as part of an LNG system.
(6) "CNG system" means a system of safety devices, cylinders,
piping, fittings, valves, compressors, regulators, gauges, relief
devices, vents, installation fixtures, and other CNG equipment
intended for use or used in any building or public place by the
general public or in conjunction with a motor vehicle or mobile
fuel system fueled by compressed natural gas and any system or
facilities designed to be used or used in the compression, sale,
storage, transportation for delivery, or distribution of
compressed natural gas in portable CNG cylinders, but does not
include natural gas facilities, equipment, or pipelines located
upstream of the inlet of a compressor devoted entirely to
compressed natural gas.
(7) "LNG system" means a system of safety devices, containers,
piping, fittings, valves, compressors, regulators, gauges, relief
devices, vents, installation fixtures, and other LNG equipment
intended for use or used with a motor vehicle fueled by liquefied
natural gas and any system or other facilities designed to be
used or used in the sale, storage, transportation for delivery,
or distribution of liquefied natural gas.
(8) "Motor vehicle" means any self-propelled vehicle licensed
for highway use or used on a public highway.
(9) "Compressed natural gas cargo tank" means a container built
in accordance with A.S.M.E. or D.O.T. specifications and used to
transport compressed natural gas for delivery.
(10) "Liquefied natural gas cargo tank" means a container built
in accordance with A.S.M.E. or D.O.T. specifications and used to
transport liquefied natural gas for delivery.
(11) "Mobile fuel system" means a CNG or LNG system to supply
natural gas fuel to an auxiliary engine other than the engine
used to propel the vehicle or for other uses on the vehicle.
(12) "Motor fuel system" means a CNG or LNG system to supply
natural gas as a fuel for an engine used to propel the vehicle.
(13) "Registrant" means any individual exempt from the licensing
requirements as established by rule of the commission 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. Registrant includes an employee
of a licensee who performs CNG-related or LNG-related activities.
Added by Acts 1983, 68th Leg., p. 487, ch. 99, Sec. 1, eff. Sept.
1, 1983. Amended by Acts 1993, 73rd Leg., ch. 227, Sec. 1, eff.
Sept. 1, 1993; Acts 1995, 74th Leg., ch. 276, Sec. 1, eff. Sept.
1, 1995.
Sec. 116.002. EXCEPTIONS. This chapter does not apply to:
(1) the production, transportation, storage, sale, or
distribution of natural gas that is not included in the
definition of compressed natural gas or liquefied natural gas;
(2) the production, transportation, storage, sale, or
distribution of natural gas that is subject to commission
jurisdiction under Subtitle A or B, Title 3, Utilities Code;
(3) pipelines, fixtures, and other equipment used in the natural
gas industry that are not used or designed to be used as part of
a CNG or LNG system; or
(4) pipelines, fixtures, equipment, or facilities to the extent
that they are subject to the safety regulations promulgated and
enforced by the commission pursuant to Chapter 117, Natural
Resources Code, or Subchapter E, Chapter 121, Utilities Code.
Added by Acts 1983, 68th Leg., p. 487, ch. 99, Sec. 1, eff. Sept.
1, 1983. Amended by Acts 1993, 73rd Leg., ch. 227, Sec. 1, eff.
Sept. 1, 1993; Acts 1999, 76th Leg., ch. 62, Sec. 18.42, eff.
Sept. 1, 1999.
SUBCHAPTER B. ADMINISTRATIVE PROVISIONS
Sec. 116.011. ADMINISTRATION. The commission shall administer
and enforce this chapter and rules and standards adopted under
this chapter relating to compressed natural gas and liquefied
natural gas.
Added by Acts 1983, 68th Leg., p. 487, ch. 99, Sec. 1, eff. Sept.
1, 1983. Amended by Acts 1993, 73rd Leg., ch. 227, Sec. 1, eff.
Sept. 1, 1993.
Sec. 116.012. RULES AND STANDARDS. To protect the health,
safety, and welfare of the general public, the commission shall
adopt necessary rules and standards relating to the work of
compression and liquefaction, storage, sale or dispensing,
transfer or transportation, use or consumption, and disposal of
compressed natural gas or liquefied natural gas.
Added by Acts 1983, 68th Leg., p. 487, ch. 99, Sec. 1, eff. Sept.
1, 1983. Amended by Acts 1993, 73rd Leg., ch. 227, Sec. 1, eff.
Sept. 1, 1993.
Sec. 116.013. NATIONAL CODES. The commission may adopt by
reference in its rules all or part of the published codes of
nationally recognized societies as standards to be met in the
design, construction, fabrication, assembly, installation, use,
and maintenance of CNG or LNG components and equipment.
Added by Acts 1983, 68th Leg., p. 487, ch. 99, Sec. 1, eff. Sept.
1, 1983. Amended by Acts 1993, 73rd Leg., ch. 227, Sec. 1, eff.
Sept. 1, 1993.
Sec. 116.014. FEES. (a) Fees collected by the commission under
Section 116.034 of this code for training, examinations, and
seminars must be deposited in a special fund in the state
treasury designated as the CNG and LNG examination fund. The
commission shall use money in this fund to pay the cost of
training, examinations, and seminars sponsored or administered by
the commission.
(b) Except as provided by Subsection (a) of this section, money
collected by the commission as fees under this chapter shall be
deposited in the general revenue fund.
Added by Acts 1983, 68th Leg., p. 487, ch. 99, Sec. 1, eff. Sept.
1, 1983. Amended by Acts 1993, 73rd Leg., ch. 227, Sec. 1, eff.
Sept. 1, 1993.
Sec. 116.015. ENTRY ON PROPERTY; INSPECTION AND INVESTIGATION.
(a) An employee, agent, or inspector of the commission may enter
the premises of a licensee under this chapter or any building or
other premises open to the public or inspect any CNG or LNG
system or motor vehicle equipped with CNG or LNG equipment at any
reasonable time for the purpose of determining and verifying
compliance with this chapter and rules of the commission adopted
under this chapter.
(b) Any authorized representative of the LPG division may enter
any building or premises where an accident has occurred in which
CNG or LNG was a probable cause for purposes of investigating the
cause, origin, and circumstances of such accident. The LPG
division may request that any state or local authority having
jurisdiction take appropriate action as may be necessary for
preservation of property and premises.
Added by Acts 1983, 68th Leg., p. 487, ch. 99, Sec. 1, eff. Sept.
1, 1983. Amended by Acts 1993, 73rd Leg., ch. 227, Sec. 1, eff.
Sept. 1, 1993.
Sec. 116.016. LIMITATIONS ON RULEMAKING AUTHORITY. (a) The
commission may not adopt rules restricting advertising or
competitive bidding by a licensee or registrant 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 or registrant's personal
appearance or voice in an advertisement;
(3) relates to the size or duration of an advertisement by the
licensee or registrant; or
(4) restricts the licensee or registrant's advertisement under a
trade name.
Added by Acts 2001, 77th Leg., ch. 1233, Sec. 54, eff. Sept. 1,
2001.
SUBCHAPTER C. LICENSING AND REGISTRATION
Sec. 116.031. LICENSE REQUIREMENT. (a) Unless otherwise
provided in this chapter or by commission rule, a person shall be
required to obtain a license from the commission to engage in any
of the following activities:
(1) work that includes the manufacture, assembly, repair,
testing, sale, installation, or subframing of CNG cylinders or
LNG containers for use in this state;
(2) systems work that includes the sale, installation,
modification, or servicing of CNG or LNG systems for use in this
state, including the installation, modification, or servicing by
any person, except a political subdivision, of a CNG or LNG motor
fuel system or mobile fuel system on a vehicle used in the
transportation of the general public; or
(3) product work that includes the sale, storage, transportation
for delivery, or dispensing of CNG or LNG in this state.
(b) A license obtained by a partnership, corporation, or other
legal entity extends to the entity's employees who are performing
CNG or LNG work, provided that each employee is qualified and
registered as required by rules adopted by the commission.
(c) No license is required by an original vehicle manufacturer
or a subcontractor of such manufacturer for the installation and
sale of a new CNG or LNG system when such system is installed on
a new original vehicle fueled by CNG or LNG.
(d) The commission by rule may provide for the annual
registration of all individuals performing CNG-related or
LNG-related activities who are exempt from the licensing
requirements of the commission. Employees of a political
subdivision are not required to be licensed or registered under
this chapter.
Added by Acts 1983, 68th Leg., p. 487, ch. 99, Sec. 1, eff. Sept.
1, 1983. Amended by Acts 1993, 73rd Leg., ch. 227, Sec. 1, eff.
Sept. 1, 1993.
Sec. 116.032. LICENSE AND REGISTRATION FEES. (a) The
commission shall adopt rules establishing registration fees and
license categories and license fees to be charged for application
for and issuance and renewal of a license or registration.
(b) The commission by rule may establish reasonable fees for
each category of license.
Added by Acts 1983, 68th Leg., p. 487, ch. 99, Sec. 1, eff. Sept.
1, 1983. Amended by Acts 1993, 73rd Leg., ch. 227, Sec. 1, eff.
Sept. 1, 1993; Acts 2001, 77th Leg., ch. 1233, Sec. 55, eff.
Sept. 1, 2001.
Sec. 116.033. APPLICATION AND RENEWAL PROCEDURES. (a) The
commission shall adopt rules establishing procedures for
submitting and processing applications for issuance and renewal
of licenses and for registration.
(b) A person who is otherwise eligible to renew a license or
registration may renew an unexpired license or registration by
paying the required renewal fee to the commission before the
expiration date of the license or registration. A person whose
license or registration has expired may not engage in activities
that require a license or registration until the license or
registration has been renewed.
(c) A person whose license or registration has been expired for
90 days or less may renew the license or registration by paying
to the commission a renewal fee that is equal to 1-1/2 times the
normally required renewal fee.
(d) A person whose license or registration has been expired for
more than 90 days but less than one year may renew the license or
registration by paying to the commission a renewal fee that is
equal to two times the normally required renewal fee.
(e) A person whose license or registration has been expired for
one year or more may not renew the license or registration. The
person may obtain a new license or registration by complying with
the requirements and procedures, including the examination
requirements, for obtaining an original license or registration.
(f) A person who was licensed or registered in this state, moved
to another state, and is currently licensed or registered and has
been in practice in the other state for the two years preceding
the date of application may obtain a new license or registration
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 or registration.
(g) Not later than the 30th day before the date a person's
license or registration 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.
Added by Acts 1983, 68th Leg., p. 487, ch. 99, Sec. 1, eff. Sept.
1, 1983. Amended by Acts 1993, 73rd Leg., ch. 227, Sec. 1, eff.
Sept. 1, 1993; Acts 2001, 77th Leg., ch. 1233, Sec. 56, eff.
Sept. 1, 2001.
Sec. 116.034. EXAMINATION AND SEMINAR REQUIREMENTS. (a) The
commission may adopt rules providing training and seminar
attendance requirements and shall adopt rules providing
examination requirements for persons who are required or who wish
to be licensed or registered under this chapter.
(b) The commission may adopt a reasonable fee to cover the cost
of any training, examination, or seminar required by and
sponsored or administered by the commission.
(c) Before a license or registration may be issued, the person
to be licensed or registered must satisfactorily complete any
training, examinations, and seminars required by the commission.
(d) Not later than the 30th day after the date a person takes a
licensing or registration examination under this chapter, the
commission shall notify the person of the results of the
examination.
(e) 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.
(f) The commission may require a testing service to notify a
person of the results of the person's examination.
(g) If requested in writing by a person who fails a licensing or
registration examination administered under this chapter, the
commission shall furnish the person with an analysis of the
person's performance on the examination.
(h) The commission may recognize, prepare, or administer
continuing education programs for its licensees and registrants.
A licensee or registrant must participate in the programs to the
extent required by the commission to keep the person's license.
Added by Acts 1983, 68th Leg., p. 487, ch. 99, Sec. 1, eff. Sept.
1, 1983. Amended by Acts 1993, 73rd Leg., ch. 227, Sec. 1, eff.
Sept. 1, 1993; Acts 2001, 77th Leg., ch. 1233, Sec. 57, eff.
Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch.
1038, Sec. 1, eff. September 1, 2005.
Sec. 116.0345. LICENSE OR REGISTRATION BY ENDORSEMENT. The
commission may waive any prerequisite to obtaining a license or
registration for an applicant after reviewing the applicant's
credentials and determining that the applicant holds a license or
registration issued by another jurisdiction that has licensing
requirements substantially equivalent to those of this state.
Added by Acts 2001, 77th Leg., ch. 1233, Sec. 58, eff. Sept. 1,
2001.
Sec. 116.0346. PROVISIONAL LICENSE OR REGISTRATION. (a) The
commission may issue a provisional license or registration to an
applicant currently licensed or registered in another
jurisdiction who seeks a license or registration in this state
and who:
(1) has been licensed or registered in good standing for at
least two years in another jurisdiction, including a foreign
country, that has licensing or registration 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 or registered by the
commission under this chapter with whom the provisional license
or registration holder will practice during the time the person
holds a provisional license or registration.
(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 or registration is valid until the
date the commission approves or denies the provisional license or
registration holder's application for a license or registration.
The commission shall issue a license or registration under this
chapter to the provisional license or registration holder if:
(1) the provisional license or registration holder is eligible
to be licensed or registered under Section 116.0345; or
(2) the provisional license or registration holder:
(A) passes the part of the examination under Section 116.034
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
or registration under this chapter; and
(C) satisfies any other licensing or registration requirements
under this chapter.
(d) The commission must approve or deny a provisional license or
registration holder's application for a license or registration
not later than the 180th day after the date the provisional
license or registration 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
or registrations in an amount reasonable and necessary to cover
the cost of issuing the license or registration.
Added by Acts 2001, 77th Leg., ch. 1233, Sec. 58, eff. Sept. 1,
2001.
Sec. 116.035. DENIAL OF LICENSE. The commission may deny
issuance or renewal of a license or registration to any person
who fails to qualify under the requirements of this chapter and
rules adopted by the commission under this chapter. The
commission shall give written notice to an applicant for the
issuance or renewal of a license or for registration of the
denial of the license or registration and the reasons for denial.
Added by Acts 1983, 68th Leg., p. 487, ch. 99, Sec. 1, eff. Sept.
1, 1983. Amended by Acts 1993, 73rd Leg., ch. 227, Sec. 1, eff.
Sept. 1, 1993.
Sec. 116.036. INSURANCE REQUIREMENT. (a) All licensees 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 and other insurance coverage
required by the commission in the amounts required by the
commission.
(b) Notwithstanding Subsection (a) of this section, a state
agency or institution, county, municipality, school district, or
other governmental subdivision may submit evidence of workers'
compensation coverage by self-insurance if permitted by the Texas
Workers' Compensation Act (Article 8308-1.01 et seq., Vernon's
Texas Civil Statutes).
(c) The commission shall adopt rules establishing specific
requirements for insurance coverage under this chapter and
evidence of such coverage. The types and amounts of insurance
coverage required by the commission shall be based on the type
and category of licensed activity. The commission by rule may
allow a licensee to self-insure under Subsection (a) or (e) and
by rule shall establish standards for that self-insurance.
(d) The commission may not issue or renew a license, and a
licensee may not perform any licensed activity unless the
insurance coverage required by the commission's rules is in
effect and evidence of that coverage is filed with the commission
as required by commission rule.
(e) Every motor vehicle operated in this state as a conveyance
for a CNG or an LNG cargo tank must meet motor vehicle insurance
requirements established by the commission.
Added by Acts 1983, 68th Leg., p. 487, ch. 99, Sec. 1, eff. Sept.
1, 1983. Amended by Acts 1993, 73rd Leg., ch. 227, Sec. 1, eff.
Sept. 1, 1993; Acts 1997, 75th Leg., ch. 66, Sec. 6, eff. Sept.
1, 1997.
Sec. 116.037. DISCIPLINARY ACTION. (a) The commission shall
notify a licensee or registrant in writing if it finds probable
violation or noncompliance with this chapter or the rules adopted
under this chapter.
(b) The notice 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 considered
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 must be
conducted.
(e) If the commission or division 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.
(f) The commission shall revoke, suspend, or refuse to renew a
license or registration or shall reprimand the licensee or
registrant if the commission finds that the licensee or
registrant has violated or failed to comply with or is violating
or failing to comply with this chapter or a rule adopted under
this chapter.
(g) The commission may place on probation a person whose license
or registration is suspended. If a license or registration
suspension is probated, the commission may require the person:
(1) to report regularly to the commission on matters that are
the basis of the probation;
(2) to limit practice to the areas prescribed by the commission;
or
(3) to continue or review professional education until the
person attains a degree of skill satisfactory to the commission
in those areas that are the basis of the probation.
(h) Any party to a proceeding before the commission is entitled
to judicial review under the substantial evidence rule.
Added by Acts 1983, 68th Leg., p. 487, ch. 99, Sec. 1, eff. Sept.
1, 1983. Amended by Acts 1993, 73rd Leg., ch. 227, Sec. 1, eff.
Sept. 1, 1993; Acts 2001, 77th Leg., ch. 1233, Sec. 59, 60, eff.
Sept. 1, 2001.
Sec. 116.038. STAGGERED RENEWAL OF LICENSES. The commission by
rule may adopt a system under which license and registration fees
required by Section 116.032 of this code expire on various dates
during the year. For the year in which the license and
registration expiration dates are changed, license and
registration 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 and registration fees that is allowable to
the number of months during which the license and registration is
valid. On renewal of the license and registration on the new
expiration date, the total license and registration fees are
payable.
Added by Acts 1993, 73rd Leg., ch. 227, Sec. 1, eff. Sept. 1,
1993.
SUBCHAPTER D. MOTOR VEHICLE REGULATION
Sec. 116.071. REGISTRATION RULES. The commission shall adopt
rules relating to the registration of motor vehicles that are
equipped with a CNG or LNG cargo tank and motor vehicles used
principally to transport compressed natural gas or liquefied
natural gas in portable cylinders or containers.
Added by Acts 1983, 68th Leg., p. 487, ch. 99, Sec. 1, eff. Sept.
1, 1983. Amended by Acts 1993, 73rd Leg., ch. 227, Sec. 1, eff.
Sept. 1, 1993.
Sec. 116.072. REGISTRATION. (a) Each motor vehicle that is
equipped with a CNG or LNG cargo tank and each motor vehicle used
principally to transport CNG or LNG in portable cylinders or
containers must be registered with the commission as provided by
commission rules.
(b) The commission may not impose a fee for registration under
this section on a motor vehicle owned by a county.
(c) The commission by rule shall establish a reasonable,
nonrefundable annual registration and transfer fee for each CNG
or LNG 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 $500; and
(2) the annual transfer fee established by the commission shall
not be less than $25 nor more than $100.
Added by Acts 1983, 68th Leg., p. 487, ch. 99, Sec. 1, eff. Sept.
1, 1983. Amended by Acts 1991, 72nd Leg., ch. 375, Sec. 1, eff.
Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 227, Sec. 1, eff. Sept.
1, 1993; Acts 1997, 75th Leg., ch. 66, Sec. 7, eff. Sept. 1,
1997.
Sec. 116.073. SAFETY RULES. The commission shall adopt safety
rules relating to the transportation of compressed natural gas
and liquefied natural gas in this state.
Added by Acts 1983, 68th Leg., p. 487, ch. 99, Sec. 1, eff. Sept.
1, 1983. Amended by Acts 1993, 73rd Leg., ch. 227, Sec. 1, eff.
Sept. 1, 1993.
Sec. 116.074. COOPERATION OF THE DEPARTMENT OF PUBLIC SAFETY.
The Department of Public Safety shall cooperate with the
commission in administering and enforcing this chapter and rules
of the commission relating to regulation of motor vehicles
required to be registered under this subchapter.
Added by Acts 1983, 68th Leg., p. 487, ch. 99, Sec. 1, eff. Sept.
1, 1983. Amended by Acts 1993, 73rd Leg., ch. 227, Sec. 1, eff.
Sept. 1, 1993.
Sec. 116.075. APPLICATION OF OTHER LAWS. This chapter and the
rules adopted under this chapter do not modify, amend, or repeal
any laws of this state relating to the regulation of motor
carriers.
Renumbered from Sec. 116.076 by Acts 1993, 73rd Leg., ch. 227,
Sec. 1, eff. Sept. 1, 1993.
SUBCHAPTER E. MISCELLANEOUS PROVISIONS
Sec. 116.101. MALODORANTS. Compressed natural gas must be
odorized as provided by Subchapter F, Chapter 121, Utilities
Code.
Added by Acts 1983, 68th Leg., p. 487, ch. 99, Sec. 1, eff. Sept.
1, 1983. Amended by Acts 1993, 73rd Leg., ch. 227, Sec. 1, eff.
Sept. 1, 1993; Acts 1999, 76th Leg., ch. 62, Sec. 18.43, eff.
Sept. 1, 1999.
Sec. 116.102. TESTING LABORATORIES. The commission shall adopt
rules relating to testing of CNG and LNG equipment and to the
qualifications required of the persons who are to perform those
tests.
Added by Acts 1983, 68th Leg., p. 487, ch. 99, Sec. 1, eff. Sept.
1, 1983. Amended by Acts 1993, 73rd Leg., ch. 227, Sec. 1, eff.
Sept. 1, 1993.
Sec. 116.103. WARNING TAGS. (a) An employee, agent, or
inspector of the commission may declare unsafe or dangerous for
service any motor vehicle required to be registered under this
chapter or any CNG or LNG equipment or system that is defective
or that does not otherwise conform to the safety requirements of
this chapter and the rules adopted under this chapter and shall
attach a warning tag to the motor vehicle, equipment, or system
in a conspicuous location.
(b) A person may not sell, furnish, deliver, or supply
compressed natural gas and liquefied natural gas for use or
consumption by or through a motor vehicle or system in a public
place or operate a motor vehicle having CNG or LNG equipment to
which a warning tag is attached.
(c) A warning tag may be removed on approval of the commission
or by a person designated by the commission to remove the tag. A
warning tag may not be removed by any person who is not
authorized to remove the tag by the commission.
Added by Acts 1983, 68th Leg., p. 487, ch. 99, Sec. 1, eff. Sept.
1, 1983. Amended by Acts 1993, 73rd Leg., ch. 227, Sec. 1, eff.
Sept. 1, 1993.
SUBCHAPTER F. ENFORCEMENT
Sec. 116.141. INJUNCTIVE RELIEF. (a) On request of the
commission, the attorney general shall bring suit in the name of
the state to enjoin a person from violating this chapter or a
rule adopted under this chapter.
(b) A suit for injunction instituted under this section is in
addition to other remedies available to the commission under this
chapter.
(c) A suit seeking injunctive relief under this section shall be
brought in a district court in Travis County.
(d) The commission is not required to provide a bond in a suit
instituted under this section.
Added by Acts 1983, 68th Leg., p. 487, ch. 99, Sec. 1, eff. Sept.
1, 1983.
Sec. 116.142. CRIMINAL PENALTY. (a) A person who knowingly
violates this chapter or rules adopted by the commission under
this chapter commits an offense.
(b) An offense under this section is punishable by a fine of not
less than $100 nor more than $5,000.
(c) Each day a violation continues constitutes a separate
offense.
Added by Acts 1983, 68th Leg., p. 487, ch. 99, Sec. 1, eff. Sept.
1, 1983.
Sec. 116.143. ADMINISTRATIVE PENALTY. (a) If a person violates
this chapter, a rule of the commission adopted under this
chapter, or a term, condition, or provision of a license or
registration issued by the commission under this chapter and the
violation results in pollution of the air or water of this state
or poses a threat to the public safety, the person may be
assessed a civil penalty by the commission.
(b) The penalty may not exceed $10,000 a day for each violation.
Each day a violation continues may be considered a separate
violation for purposes of penalty assessments.
(c) In determining the amount of the penalty, the commission
shall consider the person's history of previous violations of
this chapter, the seriousness of the violation, any hazard to the
health or safety of the public, and the demonstrated good faith
of the person charged.
Added by Acts 1983, 68th Leg., p. 487, ch. 99, Sec. 1, eff. Sept.
1, 1983.
Sec. 116.144. PENALTY ASSESSMENT PROCEDURE. (a) A civil
penalty under Section 116.145 of this code may be assessed only
after the person charged with the violation has been given an
opportunity for a public hearing.
(b) If a public hearing has been held, the commission shall make
findings of fact, and it shall issue a written decision as to the
occurrence of the violation and the amount of the penalty that is
warranted, incorporating, when appropriate, an order requiring
that the penalty be paid.
(c) If appropriate, the commission shall consolidate the
hearings with other proceedings under this chapter.
(d) If the person charged with the violation fails to avail
himself of the opportunity for a public hearing, a civil penalty
may be assessed by the commission after it has determined that a
violation did occur and the amount of the penalty that is
warranted.
(e) The commission shall then issue an order requiring that the
penalty be paid.
Added by Acts 1983, 68th Leg., p. 487, ch. 99, Sec. 1, eff. Sept.
1, 1983.
Sec. 116.145. PAYMENT OF PENALTY; REFUND. (a) On the issuance
of notice or an order charging that a violation has occurred, the
commission shall inform the person charged within 30 days of the
proposed amount of the penalty.
(b) Within the 30-day period immediately following the day on
which the notice or order is issued, the person charged with the
penalty shall pay the proposed penalty in full or, if the person
wishes to contest either the amount of the penalty or the fact of
the violation, forward the proposed amount to the commission for
placement in an escrow account.
(c) If through administrative or judicial review of the proposed
penalty it is determined that no violation occurred or that the
amount of the penalty should be reduced, the commission shall,
within the 30-day period immediately following that
determination, remit the appropriate amount to the person, with
interest at the prevailing United States Department of the
Treasury rate.
(d) Failure to forward the money to the commission within the
time provided by Subsection (b) of this section results in a
waiver of all legal rights to contest the violation or the amount
of the penalty.
Added by Acts 1983, 68th Leg., p. 487, ch. 99, Sec. 1, eff. Sept.
1, 1983.
Sec. 116.146. RECOVERY OF PENALTY. Civil penalties owed under
Sections 116.143 through 116.145 of this code may be recovered in
a civil action brought by the attorney general at the request of
the commission.
Added by Acts 1983, 68th Leg., p. 487, ch. 99, Sec. 1, eff. Sept.
1, 1983.