| (a) In addition to complying with NFPA 54 §4.1,
no person may engage in any LP-gas activity until that person has
obtained a license from the Commission authorizing the LP-gas activities,
except as follows:
(1) A person is exempt from licensing under Texas Natural
Resources Code §113.081(b) but is required to obtain a license
before engaging in any LP-gas activities in commerce or in business.
(2) A state agency or institution, county, municipality,
school district, or other governmental subdivision is exempt from
licensing requirements as provided by §113.081(g) if the entity
is performing LP-gas activities on its own behalf but is required
to obtain a license if performing LP-gas activities for or on behalf
of a second party.
(3) An original manufacturer of a new motor vehicle
powered by LP-gas, or a subcontractor of a manufacturer who produces
a new LP-gas powered motor vehicle for the manufacturer is not subject
to licensing requirements but shall comply with all other rules in
this chapter.
(4) An ultimate consumer is not subject to licensing
requirements if performing LP-gas activities dealing only with the
ultimate consumer; however, a license is required to register a transport,
bobtail, or cylinder delivery unit. An ultimate consumer's license
does not require a fee or a company representative.
(b) An applicant for license shall not engage in any
LP-gas activities until it has employed a company representative who
meets the requirements of §9.17 of this title (relating to Designation
and Responsibilities of Company Representatives and Operations Supervisors),
or for Category D applicants only, who meets the requirements of §9.17
of this title or has obtained a General Installers and Repairman Exemption
as specified in §9.13 of this title (relating to General Installers
and Repairman Exemption).
(c) Licensees, registered manufacturers, company representatives,
and operations supervisors at each outlet shall have copies of all
current licenses and/or manufacturer registrations and certificates
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
shall provide access to these rules for each company representative
and operations supervisor. The rules shall also be available to employees
during business hours.
(d) Licenses and manufacturer registrations issued
under this chapter expire one year after issuance at midnight on the
last day of the month prior to the month in which they are issued.
(e) If a license or registration expires, the person
shall immediately cease LP-gas activities.
(f) An applicant for a new license shall submit to
AFS:
(1) a properly completed LPG Form 1 listing all names
under which LP-gas 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) LPG Form 1A if the applicant will operate any outlets
pursuant to subsection (g) of this section;
(B) LPG Form 7 and any information requested in §9.202
of this title (relating to Registration and Transfer of LP-Gas Transports
or Container Delivery Units) if the applicant intends to register
any LP-gas transports or container delivery units;
(C) LPG Form 19 if the applicant will be transferring
the operation of an existing bulk plant, service station, cylinder
filling, or portable cylinder exchange rack installation from another
licensee;
(D) any form required to comply with §9.26 of
this title (relating to Insurance and Self-Insurance Requirements);
(E) a copy of the current certificate of account status
if required by §9.21 of this title (relating to Franchise Tax
Certification and Assumed Name Certificates); and/or
(F) copies of the assumed name certificates if required
by §9.21 of this title; and
(2) payment for all applicable fees. If the applicant
submits the payment by mail, the payment shall be in the form of a
check or money order. If the applicant pays the applicable fee online,
the applicant shall submit a copy of the online receipt via mail,
email, or fax.
(g) A licensee shall submit LPG Form 1A listing all
outlets operated by the licensee.
(1) The licensee shall employ at each outlet an operations
supervisor who meets the requirements of §9.17 of this title.
(2) Each outlet shall be listed on the licensee's renewal
as specified in subsection (k) of this section.
(h) Beginning June 1, 2020, a prospective container
manufacturer may apply to AFS to manufacture LP-gas containers in
the state of Texas. Beginning June 1, 2020, a person shall not engage
in the manufacture of LP-gas 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 LPG Form 1M, and any of the following applicable
forms or documents:
(A) any form required by §9.26 of this title;
(B) a copy of current certificate of account status
if required by §9.21 of this title;
(C) copies of the assumed name certificates if required
by §9.21 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 LPG Form 1M, 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 LPG Form 1M. 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 LP-gas containers in Texas.
(i) Applications for license or registration must include
a 24-hour emergency telephone number.
(j) 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 on
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.
(k) 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
LPG Forms 1, 1A, and 7, or LPG Form 1M 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 LP-gas
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 §9.6
of this title (relating to License Categories, Container Manufacturer
Registration, and Fees).
(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 more, that person shall not renew
but shall comply with the requirements for issuance of an original
license or manufacturer registration under subsection (f) or (h) of
this section.
(9) After verification that the licensee 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.
(l) 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 shall pay
to AFS a fee that is equal to two times the renewal fee required by §9.6
of this title.
(1) As a prerequisite to licensing pursuant to this
provision, the person shall submit, in addition to an application
for licensing, proof of having been in practice and licensed in good
standing in another state continuously for the two years immediately
preceding the filing of the application;
(2) A person licensed under this provision shall be
required to comply with all requirements of licensing other than the
examination requirement, including but not limited to the insurance
requirements as specified in §9.26 of this title and the continuing
education and training requirements as specified in §9.51 of
this title (relating to General Requirements for LP-Gas Training and
Continuing Education), and §9.52 of this title (relating to Training
and Continuing Education).
(m) Applicants for license or license renewal in the
following categories shall comply with these additional requirements:
(1) An applicant for a Category B or O license or renewal
shall file with AFS a properly completed LPG Form 505 certifying that
the applicant will follow the testing procedures indicated. The company
representative designated on the licensee's LPG Form 1 shall sign
LPG Form 505.
(2) An applicant for Category A, A2, B, or O license
or renewal who tests tanks, subframes LP-gas cargo tanks, or performs
other activities requiring DOT registration shall file with AFS a
copy of any applicable current DOT registrations. Such registration
shall comply with Title 49, Code of Federal Regulations, Part 107
(Hazardous Materials Program Procedures), Subpart F (Registration
of Cargo Tank and Cargo Tank Motor Vehicle Manufacturers and Repairers
and Cargo Tank Motor Vehicle Assemblers).
(3) An applicant for Category A, A1 or O license or
renewal who repairs or tests ASME containers shall file with AFS a
copy of its 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.
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| Source Note: The provisions of this §9.7 adopted to be effective February 1, 2001, 26 TexReg 947; amended to be effective September 10, 2001, 26 TexReg 6883; amended to be effective September 1, 2005, 30 TexReg 4810; amended to be effective February 12, 2007, 32 TexReg 519; amended to be effective February 1, 2008, 33 TexReg 122; amended to be effective December 24, 2012, 37 TexReg 9913; amended to be effective January 6, 2020, 45 TexReg 127; amended to be effective July 18, 2022, 47 TexReg 4119 |
