|(a) AFS may accept the examination requirements for
LP-gas transport drivers from other states provided that the qualifying
state has entered into a reciprocal agreement with Texas as specified
in this section.
(b) A state that is interested in a reciprocal agreement
with Texas shall provide a copy of its examination used to qualify
transport drivers to AFS. AFS shall provide a copy of the Texas examination
to the other state's LP-gas authority. The states shall review the
materials to ensure that they contain substantially equivalent requirements.
If each state accepts the requirements of the other state, both states
shall sign the reciprocal agreement.
(1) The reciprocal agreement shall be in the form of
a letter on the official letterhead of the state requesting the reciprocal
agreement. The letter shall be signed and dated by an official representative
of the LP-gas authority in both states. For Texas, the official representative
shall be the AFS director.
(2) The reciprocal agreement shall remain in effect
until either state requests a change and may be terminated by either
state at any time.
(3) If either state revises its examination or related
requirements, it shall immediately notify the other state by submitting
the revised examination or related requirements.
(4) AFS shall maintain a current list of all states
participating in reciprocal agreements, a list of participating states'
applicable fees, and a list of all individuals who have received a
reciprocal examination exemption.
(5) Copies of examinations from other participating
states are subject to or excepted from required disclosure in accordance
with Chapter 552 of the Government Code.
(c) Individuals who apply for a reciprocal examination
exemption shall pay the applicable fees required by each state in
exchange for exemption from examination requirements.
(1) Individuals from other participating states shall
remit to AFS:
(A) the nonrefundable employee-level rules examination
(B) the annual certificate renewal fee specified in
§9.10 and §9.9 of this title (relating to Rules Examination,
and Requirements for Certificate Holder Renewal, respectively).
(2) Individuals from Texas who apply for a reciprocal
examination exemption in other states shall pay to the other state
any fees specified by that state.
(d) Applicants for a reciprocal examination exemption
shall provide the following information to AFS to verify that they
are properly and currently certified in their state:
(1) a state-issued certification card, license, letter,
or similar document which shall clearly show a valid date and an indication
that the individual passed the examination. Maintaining valid certification
in the other state is required for continuing reciprocity in Texas;
(2) a completed LPG Form 16R. Applicants from other
states shall provide their Social Security numbers to AFS for purposes
of record-keeping and to comply with the requirements in Texas Family
Code Annotated §231.302(c) (Vernon 1996), which mandates disclosure
of Social Security numbers by applicants to assist in the administration
of laws relating to child support. Social Security numbers are subject
to or excepted from disclosure to the public in accordance with Texas
Government Code, Chapter 552; and
(3) a copy of the applicant's valid driver's license.
(e) Individuals from other states who apply for a reciprocal
examination exemption from Texas either shall be employed by a company
that is properly and currently licensed in Texas or shall themselves
fulfill all other licensing requirements in the rules in this chapter.
(f) Individuals who obtain reciprocal examination exemptions
are liable under the laws and rules of the state in which they perform
the LP-gas activities.
(1) Each state shall be responsible for its own enforcement
actions against individuals with reciprocal examination exemptions.
(2) If a participating state has an enforcement action
against an individual with a reciprocal examination exemption, that
state shall inform the other state within 14 calendar days of initiating
(3) A state may suspend, revoke, or deny a reciprocity
renewal or an individual's reciprocal examination exemption, as specified
in §9.16 of this title (relating to Hearings for Denial, Suspension,
or Revocation of Licenses, Manufacturer Registrations, or Certificates)
and shall notify the other state and all individuals holding the reciprocal
examination exemption within 14 calendar days of such suspension,
revocation, or denial.
(g) AFS may issue reciprocal examination exemptions
only for LP-gas transport driver examinations. For purposes of reciprocal
agreements, a "transport" is defined as a cargo tank motor vehicle
of more than 5,000 gallons water capacity.
|Source Note: The provisions of this §9.18 adopted to be effective February 1, 2001, 26 TexReg 947; amended to be effective September 1, 2005, 30 TexReg 4810; amended to be effective December 24, 2012, 37 TexReg 9913; amended to be effective January 6, 2020, 45 TexReg 127