CHAPTER 113. LIQUEFIED PETROLEUM GAS

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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(2) Repealed by Acts 2001, 77th Leg., ch. 1233, Sec. 76(2), eff.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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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

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.

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.

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.

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.

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.

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.

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;

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;

(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

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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