| (a) A prospective licensee may apply to AFS for one
or more licenses specified in subsection (b)(1) ‑ (7) of this
section. Fees required to be paid by subsection (b)(1) - (7) of this
section shall be paid at the time of application or renewal.
(b) The license categories and fees are as follows.
(1) A Category 1 license for container assembly and
repair authorizes the assembly, repair, testing, sale, installation,
and subframing of ASME or DOT CNG containers. A Category 1 license
includes all activities covered by both the Category 1A and 1B licenses.
The original license fee is $1,000; the renewal fee is $600.
(2) A Category 1A license for ASME container assembly
and repair authorizes the assembly, repair, testing, sale, and installation
of ASME containers. The original license fee is $1,000; the renewal
fee is $600.
(3) A Category 1B license for U.S. Department of Transportation
(DOT) container assembly and repair authorizes the assembly, repair,
testing, sale, installation, and subframing of CNG DOT containers.
The original license fee is $1,000; the renewal fee is $600.
(4) A Category 2 license for general installers and
repairmen authorizes the sale, installation, service, or repair of
CNG systems, including cylinders. The original license fee is $300;
the renewal fee is $150.
(5) A Category 3 license for retail and wholesale dealers
authorizes the sale, storage, transportation for delivery, or dispensing
of CNG for use other than by an ultimate consumer, and the sale, installation,
service, or repair of CNG systems as set out in Categories 2 and 5.
The original license fee is $750; the renewal fee is $300.
(6) A Category 4 license for testing laboratories authorizes
the testing of CNG cylinders. The original license fee is $400; the
renewal fee is $200.
(7) A Category 5 license for service stations or cylinder
exchangers authorizes the operation of a CNG service station, including
filling CNG cylinders, or the operation of a cylinder exchange dealership,
including filling CNG cylinders, the sale of CNG in cylinders, the
sale of CNG cylinders, and the replacement of cylinder valves. The
original license fee is $150; the renewal fee is $70.
(c) A container manufacturer registration authorizes
the manufacture, assembly, repair, subframing, testing, and sale of
CNG containers. The original registration fee is $1,000; the renewal
fee is $600.
(d) A military service member, military veteran, or
military spouse shall be exempt from the original license fee specified
in subsection (b) of this section pursuant to the requirements in §13.76
of this title (relating to Military Fee Exemption). An individual
who receives a military fee exemption is not exempt from the renewal
or transport registration fees specified in subsection (p) of this
section and §13.69 of this title (relating to Registration and
Transfer of CNG Cargo Tanks or Delivery Units).
(e) In addition to NFPA 55 §7.1.12, no person
may engage in CNG activities until that person has obtained a license
from the Commission authorizing that activity, except as follows:
(1) A state agency or institution, county, municipality,
school district, or other governmental subdivision is exempt from
licensing requirements as provided in Texas Natural Resources Code, §116.031(d),
if the entity is performing CNG activities on its own behalf, but
is required to obtain a license to perform CNG activities for or on
behalf of a second party.
(2) An ultimate consumer is not subject to the licensing
requirements of this chapter in order to perform those CNG activities
dealing only with the ultimate consumer; however, a license is required
to register a transport or cylinder delivery unit. An ultimate consumer's
license does not require a fee or a company representative.
(3) An original manufacturer of a new motor vehicle
powered by CNG or a subcontractor of a manufacturer who produces a
new CNG powered motor vehicle for the manufacturer is not subject
to the licensing requirements of this chapter, but shall comply with
all other rules in this chapter.
(f) A license obtained by an individual, partnership,
corporation, or other legal entity shall extend to the entity's employees
who are performing CNG activities, provided that each employee is
properly certified as required by this chapter.
(g) An applicant for license shall not engage in CNG
activities until it has employed a company representative who meets
the requirements of §13.72 of this title (relating to Designation
and Responsibilities of Company Representative and Operations Supervisor).
(h) Licensees, registered manufacturers, company representatives,
and operations supervisors at each outlet shall have copies of all
current licenses and/or manufacturer registrations and certification
cards for employees at that location available for inspection during
regular business hours. In addition, licensees and registered manufacturers
shall maintain a current version of the rules in this chapter and
any adopted codes covering CNG activities performed by the licensee
or manufacturer, and shall provide at least one copy of all publications
to each company representative and operations supervisor. The copies
shall be available to employees during business hours.
(i) Licenses or manufacturer registrations issued under
this chapter expire one year after issuance at midnight on the last
day of the month previous to the month in which they are issued.
(j) If a license or registration expires, the person
shall immediately cease CNG activities.
(k) Applicants for a new license shall file with AFS:
(1) a properly completed CNG Form 1001 listing all
names under which CNG related activities requiring licensing are to
be conducted and the applicant's properly qualified company representative,
and the following forms or documents as applicable:
(A) CNG Form 1001A if the applicant will operate any
outlets pursuant to subsection (l) of this section;
(B) CNG Form 1007, 1007A, or 1007T and any information
requested in §13.69 of this title if the applicant intends to
register any CNG cargo tanks or container delivery units;
(C) CNG Form 1019 if the applicant will be transferring
the operation of one or more existing retail service stations;
(D) any form required to comply with §13.62 of
this title (relating to Insurance Requirements);
(E) a copy of current certificate of account status
if required by §13.75 of this title (relating to Franchise Tax
Certification and Assumed Name Certificate); and/or
(F) copies of the assumed name certificates if required
by §13.75 of this title; and
(2) payment for all applicable fees.
(A) If the applicant submits the payment by mail, the
payment shall be in the form of a check, money order, or printed copy
of an online receipt.
(B) If the applicant pays the applicable fee online,
the applicant shall submit a copy of an online receipt via mail, email,
or fax.
(l) A licensee shall submit CNG Form 1001A listing
all outlets operated by the licensee.
(1) Each outlet shall employ an operations supervisor
who meets the requirements of §13.72 of this title.
(2) Each outlet shall be listed on the licensee's renewal
specified in subsection (m) of this section.
(m) Beginning February 15, 2021, a prospective container
manufacturer may apply to AFS to manufacture CNG containers in the
state of Texas. Beginning February 15, 2021, a person shall not engage
in the manufacture of CNG containers in this state unless that person
has obtained a container manufacturer's registration as specified
in this subsection.
(1) Applicants for container manufacturer registration
shall file with AFS CNG Form 1001M, and the following forms or documents
as applicable:
(A) any form required by §13.62 of this title;
(B) a copy of current certificate of account status
if required by §13.75 of this title;
(C) copies of the assumed name certificates if required
by §13.75 of this title;
(D) a copy of current DOT authorization. A registered
manufacturer shall not continue to operate after the expiration date
of the DOT authorization; and/or
(E) a copy of current ASME Code, Section VIII certificate
of authorization, or "R" certificate. If ASME is unable to issue a
renewed certificate of authorization prior to the expiration date,
the manufacturer may request in writing an extension of time not to
exceed 60 calendar days past the expiration date. The request for
extension shall be received by AFS prior to the expiration date of
the ASME certificate of authorization referred to in this section,
and shall include a letter or statement from ASME that the agency
is unable to issue the renewal certificate of authorization prior
to expiration and that a temporary extension will be granted for its
purposes. A registered manufacturer shall not continue to operate
after the expiration date of an ASME certificate of authorization
until the manufacturer files a current ASME certificate of authorization
with AFS or AFS grants a temporary exception.
(2) By filing CNG Form 1001M, the applicant certifies
that it has read the requirements of this chapter and shall comply
with all applicable rules, regulations, and adopted standards.
(3) The required fee shall accompany CNG Form 1001M.
An original registration fee is $1,000; the renewal fee is $600.
(A) If submitted by mail, payment shall be by check,
money order, or printed copy of an online receipt.
(B) If submitted by email or fax, payment shall be
a copy of an online receipt.
(4) If a manufacturer registration expires or lapses,
the person shall immediately cease the manufacture, assembly, repair,
testing, and sale of CNG containers in Texas.
(n) Applications for license or registration must include
a 24-hour emergency telephone number.
(o) AFS will review an application for license or registration
to verify all requirements have been met.
(1) If errors are found or information is missing in
the application or other documents, AFS will notify the applicant
of the deficiencies in writing.
(2) The applicant must respond with the required information
and/or documentation within 30 days of the written notice. Failure
to respond by the deadline will result in withdrawal of the application.
(3) If all requirements have been met, AFS will issue
the license or manufacturer registration and send the license or registration
to the licensee or manufacturer, as applicable.
(p) For license and manufacturer registration renewals:
(1) AFS shall notify the licensee or registered manufacturer
in writing at the address on file with AFS of the impending license
or manufacturer registration expiration at least 30 calendar days
before the date the license or registration is scheduled to expire.
(2) The renewal notice shall include copies of applicable
CNG Forms 1001, 1001A, and 1007, 1007A, or CNG Form 1001M showing
the information currently on file.
(3) The licensee or registered manufacturer shall review
and return all renewal documentation to AFS with any necessary changes
clearly marked on the forms. The licensee or registered manufacturer
shall submit any applicable fees with the renewal documentation.
(4) Failure to meet the renewal deadline set forth
in this section shall result in expiration of the license or manufacturer
registration.
(5) If a person's license or manufacturer registration
expires, that person shall immediately cease performance of any CNG
activities authorized by the license or registration.
(6) If a person's license or manufacturer registration
has been expired for 90 calendar days or fewer, the person shall submit
a renewal fee that is equal to 1 1/2 times the renewal fee in subsection
(a) of this section.
(7) If a person's license or manufacturer registration
has been expired for more than 90 calendar days but less than one
year, the person shall submit a renewal fee that is equal to two times
the renewal fee.
(8) If a person's license or manufacturer registration
has been expired for one year or longer, that person shall not renew
but shall comply with the requirements for issuance of an original
license or manufacturer registration under subsections (k) or (m)
of this section.
(9) After verification that the license or registered
manufacturer has met all requirements for licensing or manufacturer
registration, AFS shall renew the license or registration and send
the applicable authorization to the licensee or manufacturer.
(q) Applicants for license or license renewal in the
following categories shall comply with these additional requirements.
(1) An applicant for a Category 4 license or renewal
shall file with AFS a completed CNG Form 1505, certifying that the
applicant will follow the testing procedures indicated. CNG Form 1505
shall be signed by the appropriate CNG company representative designated
on CNG Form 1001.
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