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State Law
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Texas Natural Resources Code - Chapter 113 Liquefied Petroleum GasLegal Research Home > Texas Lawyer > Natural Resources Code > Texas Natural Resources Code - Chapter 113 Liquefied Petroleum Gas This chapter may be cited as the Liquefied Petroleum Gas Code or LPG Code. Amended by Acts 1979, 66th Leg., p. 2031, ch. 799, § ... In this chapter: (1) "Commission" means the Railroad Commission of Texas. (2) Repealed by Acts 2001, 77th Leg., ch. 1233, § 76(2), eff. Sept. 1, ... (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 ... 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 ... Sufficient employees shall be provided for the enforcement of this chapter. Amended by Acts 1979, 66th Leg., p. 2031, ch. 799, § 1, eff. Sept. ... 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 ... 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 ... (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 ... 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 ... 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 ... (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 ... (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 ... (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 ... (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. ... (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 ... (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 ... (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 ... (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 ... (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 ... (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 ... (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 ... 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 ... (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 ... (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: ... (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 ... (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 ... (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) Each transport truck, trailer, or other motor vehicle equipped with an LPG cargo container and each truck used principally for transporting LPG in portable ... 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 ... 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 ... (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 ... 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, ... (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 ... 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. ... 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 ... (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 ... (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 ... (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 ... 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 ... (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, ... 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 ... The commission may adopt all necessary rules relating to the purposes of this subchapter and activities regarding the use of LPG and other environmentally beneficial ... The commission may appoint one or more advisory committees composed of members representing the LPG industry and other environmentally beneficial alternative fuels industries, consumers, and ... (a) The alternative fuels research and education fund is created in the state treasury. (b) The fund consists of money from: (1) fees charged under ... (a) The commission may establish consumer rebate programs for purchasers of appliances and equipment fueled by LPG or other environmentally beneficial alternative fuels for the ... (a) A fee is imposed on odorized LPG delivered into any means of conveyance to be sold and placed into commerce. Except as provided by ... (a) Each person responsible for collecting and remitting a fee on a delivery of LPG shall, on or before the 25th day of the month ... (a) The commission shall adopt rules necessary for the administration, collection, reporting, and payment of the fees payable or collected under this subchapter and the ... (a) A person who fails to file a report as provided by this subchapter or who possesses a fee collected or payable under this subchapter ... A person forfeits to the state a civil penalty of not less than $25 nor more than $200 if the person: (1) fails or refuses ... The attorney general, at the request of the commission, may sue in a court of competent jurisdiction to collect any fee or penalty due under ... (a) A person commits an offense if the person makes and delivers to the commission a report required under this subchapter to be made and ... In this subchapter, "council" means the Alternative Fuels Council. Added by Acts 1993, 73rd Leg., ch. 603, § 4, eff. Sept. 1, 1993. ... The Alternative Fuels Council is an agency of the state. Added by Acts 1993, 73rd Leg., ch. 603, § 4, eff. Sept. 1, 1993. ... (a) The council is composed of the following individuals: (1) the commissioner of the General Land Office; (2) the members of the Railroad Commission of ... (a) The council shall coordinate a comprehensive program to be carried out by state agencies in support of the use of environmentally beneficial alternative fuels. ... (a) The legislature finds that this subchapter serves the public purposes of: (1) development and diversification of the economy of the state; (2) elimination of ... (a) The alternative fuels conversion fund is in the state treasury. (b) To the extent permitted by federal law or regulations, the council may use ... (a) The council may make loans, grants, or other distributions to eligible borrowers to fund conversion or infrastructure projects to promote the use of environmentally ... (a) The council may loan money under this subchapter at no interest to a state agency, county, municipality, school district, or mass transit authority or ... A loan under this subchapter must be repaid not later than the fifth anniversary of the date the loan was issued. Added by Acts 1993, ... A borrower may not transfer to another person a vehicle or other property converted to alternative fuel use with the proceeds of a loan under ... A person is not liable for damages caused solely by a malfunction or improper operation of an LPG system that the person installed or serviced ... In this subchapter: (1) "School district" means: (A) an entity created under the laws of this state and accredited by the Texas Education Agency under ... (a) Each school district shall perform pressure tests for leakage on the LP-gas piping system in each school district facility at least biennially. The tests ... (a) The school district shall perform the pressure test to determine whether the LP-gas piping system holds at least the amount of pressure specified by ... (a) A school district shall provide written notice to the commission specifying the date and the result of each pressure test or other inspection of ... 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 ... 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 ... The commission shall enforce this subchapter. Added by Acts 2001, 77th Leg., ch. 1233, § 53, eff. Sept. 1, 2001. ... Last modified: August 10, 2007 |