SUBCHAPTER A GENERAL PROVISIONS
- Texas Section 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....
- Texas Section 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 (2) Repealed by Acts 2001, 77th Leg., ch. 1233, Sec. 76(2), eff.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,...
SUBCHAPTER B ADMINISTRATIVE PROVISIONS
- Texas Section 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...
- Texas Section 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...
- Texas Section 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....
SUBCHAPTER C RULES AND STANDARDS
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
SUBCHAPTER D LICENSING
- Texas Section 113.054 - Effect On Other Law
The rules and standards promulgated and adopted by the commission under Section 113.051 preempt and supersede any ordinance, order, or rule adopted by a political...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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....
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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:...
- Texas Section 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...
- Texas Section 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...
SUBCHAPTER E MOTOR VEHICLES AND TESTING LABORATORIES
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
SUBCHAPTER F LICENSE AND REGISTRATION FOR AN EXEMPTION: DENIAL AND DISCIPLINARY ACTION
- Texas Section 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...
- Texas Section 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...
- Texas Section 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,...
- Texas Section 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...
SUBCHAPTER G FEES AND FUNDS
- Texas Section 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....
SUBCHAPTER H ENFORCEMENT
- Texas Section 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...
- Texas Section 113.231 - Injunctions
(a) On request of the commission, the attorney general may bring an action in the name and on behalf of the state to enjoin a...
- Texas Section 113.232 - General Penalty
(a) In addition to injunctive relief and other penalties provided in this chapter, a person who knowingly violates or fails to comply with this chapter...
- Texas Section 113.233 - Entry For Inspection And Investigation
(a) An inspector, employee, or agent of the commission may enter the premises of a licensee under this chapter or any building or other premises...
- Texas Section 113.234 - Warning Tag
An inspector, employee, or agent of the commission may declare any container, appliance, equipment, transport, system, or LP-gas operation that does not conform to the...
- Texas Section 113.235 - Supplying Or Removing Lpg After Warning Tag Attached
(a) Any person who knowingly sells, furnishes, delivers, or supplies LPG for storage in or use or consumption by or through a container, appliance, transport,...
SUBCHAPTER J ALTERNATIVE FUELS COUNCIL
- Texas Section 113.236 - Penalty For Unauthorized Removal Of Tag
An unauthorized person who knowingly removes, destroys, or in any way obliterates a warning tag attached to a container, appliance, transport, or system is guilty...
- Texas Section 113.281 - Definition
In this subchapter, "council" means the Alternative Fuels Council. Added by Acts 1993, 73rd Leg., ch. 603, Sec. 4, eff. Sept. 1, 1993.
- Texas Section 113.282 - Alternative Fuels Council
The Alternative Fuels Council is an agency of the state. Added by Acts 1993, 73rd Leg., ch. 603, Sec. 4, eff. Sept. 1, 1993.
- Texas Section 113.283 - Composition
(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...
- Texas Section 113.284 - Alternative Fuels Program
(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....
- Texas Section 113.285 - Legislative Findings
(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...
- Texas Section 113.286 - Alternative Fuels Conversion Fund
(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...
- Texas Section 113.287 - Fuels Conversion Loan Program
(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...
- Texas Section 113.288 - Interest Amounts
(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...
- Texas Section 113.289 - Term Of Loan
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,...
SUBCHAPTER K LIABILITY OF LICENSE HOLDER
- Texas Section 113.290 - Transfer Of Vehicle Or Other Property Converted With Loan Proceeds
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...
SUBCHAPTER L TESTING OF LP-GAS SYSTEMS IN SCHOOL FACILITIES
- Texas Section 113.301 - Limitation Of Liability Of Licensed Installer Or Servicer
A person is not liable for damages caused solely by a malfunction or the installation, modification, or improper operation of an LPG system that the...
- Texas Section 113.351 - Definitions
In this subchapter: (1) "School district" means: (A) an entity created under the laws of this state and accredited by the Texas Education Agency under...
- Texas Section 113.352 - Duty To Test For Leakage
(a) Each school district shall perform leakage tests for leakage on the LP-gas piping system in each school district facility at least biennially. The tests...
- Texas Section 113.353 - Requirements Of Test
(a) The school district shall perform the leakage test to determine whether the LP-gas piping system holds at least the amount of pressure specified by...
- Texas Section 113.354 - Notice Of Test
(a) A school district shall retain documentation specifying the date and the result of each leakage test or other inspection of each LP-gas piping system...
- Texas Section 113.355 - Termination Of Service
A supplier shall terminate service to a school district facility if: (1) the supplier receives official notification from the firm or individual conducting the test...
- Texas Section 113.356 - Report To Board Of Trustees
An identified LP-gas leakage in a school district facility shall be reported to the board of trustees of the district in which the facility is...
SUBCHAPTER M CONSUMER SAFETY NOTIFICATION
- Texas Section 113.357 - Enforcement
The commission shall enforce this subchapter. Added by Acts 2001, 77th Leg., ch. 1233, Sec. 53, eff. Sept. 1, 2001.
- Texas Section 113.401 - Notice Required
(a) A person holding a license to install or repair an LPG system who sells, installs, or repairs an LPG system, piping or other equipment...