LPG Safetyrules PDF
LPG Safetyrules PDF
LPG Safetyrules PDF
PETROLEUM GAS
SAFETY RULES
A manual of rules and procedures for handling and
odorizing liquefied petroleum gas in Texas, including
specifications for design, construction, and installation of
equipment used in transportation, storage, and distribution
January 2013
Important Notice
These Liquefied Petroleum Gas (LP-Gas) Safety Rules apply to the design, construction, location, and
operation of LP-gas systems, equipment, and appliances. The rules do not apply to marine terminals,
natural gasoline plants, refineries, tank farms, gas manufacturing plants, plants engaged in processing
liquefied petroleum gases, or to railroad loading racks used in connection with such establishments.
The rules do apply to truck loading racks.
The rules in this publication are not consecutively numbered to allow for future expansion, so there
may be a break in the numbering.
Revisions to the LP-Gas Safety Rules will occur after the date of this publication. It is your
responsibility to comply with the LP-Gas Safety Rules in effect at the time the LP-gas activities are
conducted or performed. The Railroad Commissions current LP-Gas Safety Rules can be viewed online
at www.rrc.state.tx.us. On the gray bar at the top of the page, roll the cursor over Meetings, Hearings,
Orders & Rules and click on Rules. Then select Current Rules, scroll down to Chapter 9, LP-Gas
Safety Rules and select the rule you want to read.
The majority of the forms listed in 9.3 are also available for viewing and printing online at
www.rrc.state.tx.us. On the gray bar at the top of the page, roll the cursor over Licenses & Permits
and click on Propane, Liquefied Gas, Compressed Gas. Then select Propane, Liquefied Gas,
Compressed Gas Forms and choose the forms you want to view or print. If you are unable to view and
print the forms, please contact the LP-Gas Operations Section at (512) 463-6462.
Users are responsible for checking the accuracy, completeness, currency, and/or suitability of all
information. The Railroad Commission of Texas makes no representation, guarantee, or warranty as to
the accuracy, completeness, currency, or suitability of this information, which is provided strictly AS
IS. The Railroad Commission of Texas specifically disclaims any and all warranties, representations
or endorsements, express or implied, with regard to this information, including, but not limited to, the
warranties of merchantability, fitness for a particular purpose, or noninfringement of privately owned
rights.
To order additional copies of the LP-Gas Safety Rules, please contact the Railroad Commissions
Publications Section at (512) 463-7309. Checks, money orders and MasterCard or Visa credit cards
are accepted. To download or print additional copies, go to www.rrc.state.tx.us. On the gray bar at the
top of the page, roll the cursor over Education & Training and select Training Classes & Qualifying
Exams from the drop-down menu. Then click on the link that says LPG Safety Rules (PDF) under
Examinations and Certification.
Important Notice.......................................................................................................................................................................3
Subchapter A General Requirements
9.1 Application of Rules, Severability, and Retroactivity....................................................................................................9
9.2 Definitions ........................................................................................................................................................................10
9.3 LP-Gas Report Forms........................................................................................................................................................15
9.4 Records and Enforcement...............................................................................................................................................16
9.5 Effect of Safety Violations...............................................................................................................................................17
9.6 Licenses and Fees ............................................................................................................................................................19
9.7 Application for License and License Renewal Requirements......................................................................................21
9.8 Application for a New Certificate....................................................................................................................................24
9.9 Requirements for Certificate Renewal............................................................................................................................25
9.10 Rules Examination..........................................................................................................................................................25
9.11 Previously Certified Individuals.....................................................................................................................................29
9.12 Trainees............................................................................................................................................................................29
9.13 General Installers and Repairman Exemption............................................................................................................30
9.15. Penalty Guidelines for LP-Gas Safety Violations.......................................................................................................31
9.16 Hearings for Denial, Suspension, or Revocation of Licenses or Certificates............................................................44
9.17 Designation and Responsibilities of Company Representatives and Operations Supervisors...............................45
9.18 Reciprocal Examination Agreements with Other States............................................................................................49
9.21 Franchise Tax Certification and Assumed Name Certificates....................................................................................50
9.22 Changes in Ownership, Form of Dealership, or Name of Dealership........................................................................51
9.26 Insurance and Self-Insurance Requirements..............................................................................................................52
9.27 Application for an Exception to a Safety Rule.............................................................................................................56
9.28 Reasonable Safety Provisions.........................................................................................................................................58
9.31 LP-Gas Regional Supply Emergency Response............................................................................................................58
9.32 Consumer Safety Notification........................................................................................................................................59
9.35 Written Procedure for LP-Gas Leaks.............................................................................................................................59
9.36 Report of LP-Gas Incident/Accident.............................................................................................................................60
9.37 Termination of LP-Gas Service .....................................................................................................................................61
9.38 Reporting Unsafe LP-Gas Activities..............................................................................................................................62
9.41 Testing of LP-Gas Systems in School Facilities............................................................................................................62
9.51 General Requirements for LP-Gas Training and Continuing Education..................................................................65
9.52 Training and Continuing Education Courses...............................................................................................................68
9.54 Commission-Approved Outside Instructors.................................................................................................................75
Subchapter B - LP-Gas Installations, Containers, Appurtenances and Equipment
Requirements
9.101 Filings Required for Stationary LP-Gas Installations................................................................................................79
9.102 Notice of Stationary LP-Gas Installations..................................................................................................................82
9.103 Objections to Proposed Stationary LP-Gas Installations..........................................................................................83
9.107 Hearings on Stationary LP-Gas Installations.............................................................................................................84
9.108 Interim Approval Order for Stationary LP-Gas Installations...................................................................................84
9.109 Physical Inspection of Stationary LP-Gas Installations............................................................................................84
LP-Gas Safety Rules - 5
Chapter 113
(2) comply with Title 49, Code of Federal Regulations, the Federal Motor Vehicle Safety Standards; and
(3) comply with the National Fire Protection Association (NFPA) Code 58, Liquefied Petroleum Gas Code.
(g) Vehicles and fuel supply containers excluded from the requirements of this chapter pursuant to subsection (f) of
this section shall comply with the requirements of 9.203 of this title, relating to School Bus, Public Transportation,
Mass Transit, and Special Transit Vehicle Installations and Inspections, and the Commissions exception to NFPA 58
11.4.1.5 in Table 1 in 9.403(a), relating to Sections in NFPA 58 Not Adopted by Reference, and Adopted with Changes
or Additional Requirements.
9.2 Definitions
In addition to the definitions in any adopted NFPA pamphlets, the following words and terms, when used in this chapter,
shall have the following meanings, unless the context clearly indicates otherwise.
(1) Advanced field training (AFT)--The final portion of the training or continuing education requirements in which
an individual shall successfully perform the specified LP-gas activities in order to demonstrate proficiency in those
activities.
(2) AED--The Commissions Alternative Energy Division.
(3) AFRED--The organizational unit of the AED that administers the Commissions alternative fuels research
and education program, including LP-gas certification, exempt registration, training, and continuing education
programs.
(4) AFT materials--The portion of a Commission training module consisting of the four sections of the Railroad
Commissions LP-Gas Qualifying Field Activities, including General Instructions, the Task Information, the Operator
Qualification Checklist, and the Railroad Commission/Employer Record.
(5) Aggregate water capacity (AWC)--The sum of all individual container capacities measured by weight or volume
of water which are placed at a single installation location.
(B) whose certification has lapsed for a period of less than two years and who is applying to restore certification
by paying any applicable fees and by completing any applicable training or continuing education requirements.
(7) Bobtail driver--An individual who operates an LP-gas cargo tank motor vehicle of 5,000 gallons water capacity or
less in metered delivery service.
(8) Breakaway--The accidental separation of a hose from a cylinder, container, transfer equipment, or dispensing
equipment, which could occur on a cylinder, container, transfer equipment, or dispensing equipment whether or not
they are protected by a breakaway device.
(9) Categories of LPG activities--The LP-gas license categories as specified in 9.6 of this title (relating to Licenses
and Fees).
(10) Certificate holder--An individual:
(A) who has passed the required management-level qualification examination, satisfactorily completed any
applicable training or continuing education requirements as specified in 9.52 of this title (relating to Training
and Continuing Education Courses), and paid the applicable fee;
(B) who has passed the required employee-level qualification examination, paid the applicable fees, and
complied with the training or continuing education requirements in 9.52 of this title;
(C) who has passed the required employee-level qualification examination, has paid the applicable fee, and is
required to comply with a training requirement as specified in 9.52 of this title;
(D) who holds a current reciprocal examination exemption pursuant to 9.18 of this title (relating to
Reciprocal Examination Agreements with Other States); or
(E) who holds a current examination exemption pursuant to 9.13 of this title (relating to General Installers
and Repairman Exemption).
(11) Certified--Authorized to perform LP-gas work as set forth in the Texas Natural Resources Code. Employee
certification alone does not allow an individual to perform those activities which require licensing.
(12) CETP--The Certified Employee Training Program offered by the Propane Education and Research Council
(PERC), the National Propane Gas Association (NPGA), or their authorized agents or successors.
(13) Commercial installation--An LP-gas installation located on premises other than a single family dwelling
used as a residence, including but not limited to a retail business establishment, school, bulk storage facility,
convalescent home, hospital, retail LP-gas cylinder filling/exchange operation, service station, forklift refueling
facility, private motor/mobile fuel cylinder filling operation, a microwave tower, or a public or private agricultural
installation.
(14) Commission--The Railroad Commission of Texas.
(15) Company representative--The individual designated to the Commission by a license applicant or a licensee
as the principal individual in authority and, in the case of a licensee other than a Category P licensee, actively
supervising the conduct of the licensees LP-gas activities.
(16) Container delivery unit--A vehicle used by an operator principally for transporting LP-gas in cylinders.
(17) Continuing education--Courses required to be successfully completed at least every four years by certain
certificate holders.
(18) Director--The director of the AED or the directors delegate.
LP-Gas Safety Rules - 11
(20) Employee--An individual who renders or performs any services or labor for compensation, including individuals
hired on a part-time or temporary basis, on a full-time or permanent basis, or, for purposes of this chapter, an owneremployee.
(21) Interim approval order--The authority issued by the Railroad Commission of Texas following a public hearing
allowing construction of an LP-gas installation.
(22) Leak grades--An LP-gas leak that is:
(A) a Grade 1 leak that represents an existing or probable hazard to persons or property, and requires
immediate repair or continuous action until the conditions are no longer hazardous; or
(B) a Grade 2 leak that is recognized as being nonhazardous at the time of detection, but requires a scheduled
repair based on a probable future hazard.
(23) Licensed--Authorized to perform LP-gas activities through the issuance of a valid license.
(24) Licensee--A person which has applied for and been granted an LP-gas license by the Commission, or who holds
a master or journeyman plumber license from the Texas State Board of Plumbing Examiners or a Class A or B Air
Conditioning and Refrigeration Contractors License from the Texas Department of Licensing and Regulation and
has properly registered with the Commission.
(25) LP-Gas Operations--The organizational unit of the AED that administers the LP-gas safety program, including
licensing, truck registration, installation approvals, complaint and accident investigations, inspections of stationary
installations and vehicles, and code enforcement.
(26) LP-Gas Safety Rules--The rules adopted by the Railroad Commission in the Texas Administrative Code,
Title 16, Part 1, Chapter 9, including any NFPA or other documents adopted by reference. The official text of the
Commissions rules is that which is on file with the Secretary of States office and available at www.sos.state.tx.us or
through the Commissions web site at www.rrc.state.tx.us.
(27) LP-gas system--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 LP-gas.
(28) Mass transit vehicle--Any vehicle which is owned or operated by a political subdivision of a state, city, or
county, used primarily in the conveyance of the general public.
(29) Mobile fuel container--An LP-gas container mounted on a vehicle to store LP-gas as the fuel supply to an
auxiliary engine other than the engine to propel the vehicle or for other uses on the vehicle.
(30) Mobile fuel system--An LP-gas 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.
(31) Motor fuel container--An LP-gas container mounted on a vehicle to store LP-gas as the fuel supply to an engine
used to propel the vehicle.
(32) Motor fuel system--An LP-gas system, excluding the container, which supplies LP-gas to an engine used to
propel the vehicle.
(33) MPS gas (Methylacetylene-propadiene, stabilized)--A mixture of gases in the liquid phase and as defined in
Texas Natural Resources Code, Chapter 113, 113.002(4).
(34) Noncorrosive--Corrosiveness of gas which does not exceed the limitation for Classification 1 of ASTM
International (ASTM) Copper Strip Classifications when tested in accordance with ASTM D 1834-64, Copper Strip
Corrosion of Liquefied Petroleum (LP) Gases.
(35) Nonspecification unit--An LP-gas transport not constructed to DOT MC-330 or MC-331 specifications but which
complies with the exemption in 49 Code of Federal Regulations 173.315(k). (See also Specification unit in this
section.)
(36) Operations supervisor--The individual who is certified by the Commission to actively supervise a licensees LPgas operations and is authorized by the licensee to implement operational changes.
(37) Outlet--A site operated by an LP-gas licensee from which any regulated LP-gas activity is performed.
(38) Outside instructor--An individual, other than a Commission employee, approved by AFRED to teach certain
LP-gas training or continuing education courses.
(39) Person--An individual, partnership, firm, corporation, joint venture, association, or any other business entity,
a state agency or institution, county, municipality, school district, or other governmental subdivision, or licensee,
including the definition of person as defined in the applicable sections of 49 CFR relating to cargo tank hazardous
material regulations.
(40) Portable cylinder--A receptacle constructed to DOT specifications, designed to be moved readily, and used
for the storage of LP-gas for connection to an appliance or an LP-gas system. The term does not include a cylinder
designed for use on a forklift or similar equipment.
(41) Property line--The boundary which designates the point at which one real property interest ends and another
begins.
(42) Public transportation vehicle--A vehicle for hire to transport persons, including but not limited to taxis, buses
(excluding school buses and mass transit or special transit vehicles), or airport courtesy vehicles.
(43) Recreational vehicle--A vehicular-type unit primarily designed as temporary living quarters for recreational,
camping, travel, or seasonal use that either has its own motive power or is mounted on, or towed by, another
vehicle.
(44) Register (or registration)--The procedure to inform the Commission of the use of an LP-gas transport or
container delivery unit in Texas.
LP-Gas Safety Rules - 13
(45) Repair to container--The correction of damage or deterioration to an LP-gas container, the alteration of the
structure of such a container, or the welding on such container in a manner which causes the temperature of the
container to rise above 400 degrees Fahrenheit.
(46) Rules examination--The Commissions written examination that measures an examinees working knowledge of
Chapter 113 of the Texas Natural Resources Code and/or the current LP-Gas Safety Rules.
(47) School--A public or private institution which has been accredited through the Texas Education Agency or the
Texas Private School Accreditation Commission.
(48) School bus--A vehicle that is sold or used for purposes that include carrying students to and from school or
related events.
(49) Self-service dispenser--A listed device or approved equipment in a structured cabinet for dispensing and
metering LP-gas between containers that must be accessed by means of a locking device such as a key, card, code,
or electronic lock, and which is operated by a certified employee of an LP-gas licensee or an ultimate consumer
trained by an LP-gas licensee.
(50) Special transit vehicle--A vehicle designed with limited passenger capacity which is used by a school or mass
transit authority for special transit purposes, such as transport of mobility impaired persons.
(51) Specification unit--An LP-gas transport constructed to DOT MC-330 or MC-331 specifications. (See also
Nonspecification unit in this section.)
(52) Subframing--The attachment of supporting structural members to the pads of a container, excluding welding
directly to or on the container.
(53) Trainee--An individual who has not yet taken and passed an employee-level rules examination.
(54) Training--Courses required to be successfully completed as part of an individuals requirements to obtain or
maintain certain certificates.
(55) Transfer--The procedure to inform LP-Gas Operations of a change in operator of an LP-gas transport or
container delivery unit already registered with LP-Gas Operations.
(56) Transfer system--All piping, fittings, valves, pumps, compressors, meters, hoses, bulkheads, and equipment
utilized in dispensing LP-gas between containers.
(57) Transport--Any bobtail or semitrailer equipped with one or more containers.
(58) Transport driver--An individual who operates an LP-gas trailer or semi-trailer equipped with a container of
more than 5,000 gallons water capacity.
(59) Transport system--Any and all piping, fittings, valves, and equipment on a transport, excluding the container.
(60) Ultimate consumer--The person controlling LP-gas immediately prior to its ignition.
14 - LP-Gas Safety Rules
Form Title
Creation or Last
Revision Date
Applicable Rule
Number (16 TAC
____) or Other
Authority
LPG Form 1
Rev. 7/2012
9.7(f)(1);
9.17(a)(1);
9.17(a)(5);
9.22(a)(1);
9.22(c)(1)
LPG Form 1A
Outlet List
Rev. 7/2012
9.7(f)(1);
9.17(a)(1);
9.17(a)(5);
9.22(a)(1);
9.22(c)(1)
LPG Form 3
n/a
9.6
LPG Form 4
n/a
9.202(c)
LPG Form 7
Truck Registration/Re-registration/Transfer
Rev. 7/2012
9.7(f)(2)(B);
9.22(c)(4);
9.202(a)
LPG Form 8
Rev. 7/2012
9.101(f);
9.115(b);
9.129(f)
LPG Form 8A
Rev. 7/2012
n/a
LPG Form 16
Rev. 7/2012
9.7(f)(2);
9.8(a)(1)
Rev. 7/2012
9.11
Rev. 7/2012
9.7(f)(2);
9.13(a)(4)
Rev. 7/2012
9.18(d)(2)
LPG Form 18
Rev. 7/2012
n/a
Rev. 7/2012
9.202(c)(6)
LPG Form 19
Rev. 7/2012
9.7(f)(2)(C);
9.22(c)(5)
LPG Form 20
Rev. 7/2012
9.36(c)
LPG Form 22
Rev. 7/2012
9.38(a); 9.134
LPG Form 23
Rev. 7/2012
9.115
Form Title
LPG Form 25
LPG Form 28
LPG Form 28A
Creation or Last
Revision Date
Applicable Rule
Number (16 TAC
____) or Other
Authority
Rev. 7/2012
9.27(a)
Rev. 7/2012
9.26(i)(2)
Rev. 7/2012
9.26(i)(2)
LPG Form 30
Rev. 7/2012
9.41
Rev. 7/2012
9.101(c)(1);
9.102
Rev. 7/2012
9.101(c)(1);
9.102
Rev. 7/2012
9.101(b)(1)
Rev. 7/2012
9.130(a)(1)
Rev. 7/2012
9.7(i)(2)
Rev. 7/2012
9.7(i)(2)
Rev. 7/2012
9.312
Rev. 7/2012
9.26
Rev. 7/2012
Table 9.26(a);
9.26(b)
Rev. 7/2012
Table 9.26(a);
9.26(d)
Rev. 7/2012
Table 9.26(a);
9.26(e); 9.26(f)
Rev. 7/2012
9.26(b)
(1) records of pressure tests and leakage tests for at least five years;
(2) a copy of all documentation submitted for an exception to an LP-gas rule pursuant to 9.27 of this title (relating
to Application for an Exception to a Safety Rule), including the LP-Gas Operations directors memorandum granting
the exception, for as long as the exception is in use; and
(b) Periodic inspection. LP-Gas Operations shall formulate a plan or program for periodic evaluation or inspection
of records and facilities owned, operated, or serviced by LP-gas licenses or registrants for the purpose of verifying
compliance with this chapter.
(c) Scope of inspection. During normal business hours, an authorized representative of the Commission may, at any
reasonable time, inspect the files, records, reports, documents, equipment, transports, and facilities of an LP-gas
licensee for the purpose of verifying compliance with this chapter.
(d) Licensee and registrant obligations.
(1) A registrant, officer, employee, or representative of an LP-gas licensee shall cooperate with the Commission
and its authorized representatives in the administration and enforcement of the provisions in this chapter, in the
determination of compliance with the provisions of this chapter, and in the investigation of violations, complaints
alleging violations, and accidents or incidents involving LP-gas.
(2) A registrant, officer, employee, or representative of an LP-gas licensee shall make readily available all files,
records, reports, documents and information, and shall make readily accessible all company equipment, property,
and facilities as the Commission or its authorized representative may reasonably require in the administration and
enforcement of this chapter, and in the investigation of violations, complaints alleging violations, and accidents or
incidents involving LP-gas.
(3) Upon request by an authorized representative of the Commission, an LP-gas licensees officer, employee,
or representative, or a registrant shall provide copies of records, files, reports, documents, and information for
administration and enforcement of this chapter.
(c) An applicant, registrant for an exemption, or other person has committed a violation described by subsection (b) of
this section 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.
(d) Regardless of whether the persons name appears or is 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 the person is:
(1) an officer, director, general partner, sole owner, or trustee of, or the owner of at least 25 percent of the beneficial
interest in the applicant, registrant for an exemption, or other person; or
(2) the applicant, registrant, or other person and has been determined by a final judgment or final administrative
order to have exerted actual control over the applicant, registrant, or other person.
(e) The Commission shall approve an application for a license or registration for an exemption under this chapter, if all
of the following conditions, if applicable, are met:
(1) the conditions that constituted the violation have been 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 have been 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 complies with all other requirements of law and Commission
rules.
(f) The Commission may issue a license to an applicant described by subsection (b) of this section or approve a
registration for an exemption for a registrant for an exemption described by subsection (b) of this section 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) If the Commission is prohibited by subsection (b) of this section 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, then 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.
(1) In determining whether to refuse to renew or to revoke a persons license or registration for an exemption
under this subsection, the Commission shall consider the persons 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.
(2) If an application or registration for an exemption is denied under this subsection, the Commission shall provide
the applicant or registrant for an exemption with a written statement explaining the reason for the denial.
(3) An order issued under this subsection 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.
(4) The Commissions refusal to renew or revocation of a persons license or registration for an exemption under
this subsection does not relieve the person of any existing or future duty under law, rules, or license or registration
conditions.
(5) On refusal to renew or revocation of a persons license or registration for an exemption under this subsection,
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) of this section.
(6) A fee tendered in connection with an application or registration for an exemption that is denied under this
section is nonrefundable.
(7) 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 (e) of this section.
(3) A Category C license for carriers authorizes the transportation of LP-gas by transport, including the loading
and unloading of LP-gas, and the installation and repair of transport systems. The original license fee is $1,000; the
renewal fee is $300.
(4) A Category D license for general installers and repairmen authorizes 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 LP-gas systems, and motor fuel and recreational
vehicle systems. The service and repair of an LP-gas appliance not required by the manufacturer to be vented to the
atmosphere is exempt from Category D licensing. The installation of these unvented appliances to LP-gas systems
by means of LP-gas appliance connectors is also exempt from Category D licensing. The original license fee is $100;
the renewal fee is $70. Additionally, master or journeyman plumbers who are licensed by the Texas State Board of
Plumbing Examiners or persons who are licensed with a Class A or B Air Conditioning and Refrigeration Contractors
License issued by the Texas Department of Licensing and Regulation may register with AFRED as described in
9.13 of this title (relating to General Installers and Repairman Exemption). The initial registration fee is $50; the
registration renewal fee is $20.
(5) A Category E license for retail and wholesale dealers authorizes the storage, sale, transportation, and
distribution of LP-gas at retail and wholesale dealers, and all other activities included in this section, except the
manufacture, fabrication, assembly, repair, subframing, and testing of LP-gas containers, and except the sale and
installation of LP-gas motor or mobile fuel systems that service an engine with a rating of more than 25 horsepower.
The original license fee is $750; the renewal fee is $300.
(6) A Category F license for cylinder filling authorizes the operation of a cylinder filling facility, including cylinder
filling, the sale of LP-gas in cylinders, and the replacement of cylinder valves. The original license fee is $100; the
renewal fee is $50.
(7) A Category G license for dispensing stations authorizes the operation of LP-gas dispensing stations filling ASME
containers designed for motor or mobile fuel. The original license fee is $100; the renewal fee is $50.
(8) A Category H license for cylinder dealers authorizes the transportation and sale of LP-gas in cylinders. The
original license fee is $1,000; the renewal fee is $300.
(9) A Category I license for service stations and cylinder filling authorizes any service station and cylinder activity
set out in Category F and Category G of this section. The original license fee is $150; the renewal fee is $70.
(10) A Category J license for service stations and cylinder facilities authorizes the operation of a cylinder filling
facility, including cylinder filling and the sale, transportation, installation, and connection of LP-gas in cylinders, the
replacement of cylinder valves, and the operation of an LP-gas service station as set out in Category G. The original
license fee is $1,000; the renewal fee is $300.
(11) A Category K license for distribution systems authorizes the sale and distribution of LP-gas through mains or
pipes, and the installation and repair of LP-gas systems. The original license fee is $1,000; the renewal fee is $300.
(12) A Category L license for engine fuel authorizes the sale and installation of LP-gas motor or mobile fuel
containers, and the sale and installation of LP-gas motor or mobile fuel systems. The original license fee is $100; the
renewal fee is $50.
20 - LP-Gas Safety Rules
(13) A Category M license for recreational vehicle installers and repairmen authorizes the sale, service, and
installation of recreational vehicle containers, and the installation, repair, and service of recreational vehicle
appliances, piping, and LP-gas systems, including recreational vehicle motor or mobile fuel systems and containers.
The original license fee is $100; the renewal fee is $70.
(14) A Category N license for manufactured housing installers and repairmen authorizes 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. The original license fee is $100; the renewal fee is $70.
(15) A Category O license for testing laboratories authorizes the testing of LP-gas containers, LP-gas motor fuel
systems or mobile fuel systems, transfer systems, and transport systems for the purpose of determining the safety
of the containers or systems for LP-gas service, including the necessary installation, disconnection, reconnection,
testing, and repair of LP-gas motor fuel systems or mobile fuel systems, transfer systems, and transport systems
involved in the testing of containers. The original license fee is $400; the renewal fee is $100.
(16) A Category P license for portable cylinder exchange authorizes 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,
where the portable cylinders are not filled on site, and where no other LP-gas activity requiring a license is
conducted. The original license fee is $100; the renewal fee is $50.
(d) Licensees, company representatives, and operations supervisors at each outlet shall have copies of all current
licenses and certification cards for employees at that location available for inspection during regular business hours.
In addition, licensees shall maintain a current version of the LP-Gas Safety Rules and shall provide at least one copy
to each company representative and operations supervisor. The copies shall be available to employees during business
hours.
(e) Licenses 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.
(f) An applicant for a new license shall file with LP-Gas Operations :
(1) a properly completed LPG Form 1 listing all names under which LP-gas related activities requiring licensing
are to be conducted and, for licensees engaging in LP-gas product activities as defined in Texas Natural Resources
Code, 113.081(a)(4), including a 24-hour emergency response telephone number. Any company performing LPgas activities under an assumed name (DBA or doing business as name) shall file copies of the assumed name
certificates which are required to be filed with the respective county clerks office and/or the Secretary of States
office with LP-Gas Operations and
(2) LPG Form 16 or 16B and any of the following applicable forms:
(A) LPG Form 1A if the applicant will establish any outlets;
(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 owner or name; and/or
(D) any form required to comply with 9.26 of this title (relating to Insurance and Self-Insurance
Requirements);
(g) An applicant for license shall not engage in LP-gas activities governed by the Texas Natural Resources Code,
Chapter 113, and the LP-Gas Safety Rules, until it has employed a company representative and/or operations supervisor
who has passed the management-level rules examination specified in 9.10 of this title (relating to Rules Examination)
with a score of at least 75% and who has completed any required training in 9.51 and 9.52 of this title (relating to
General Requirements for Training and Continuing Education; and Training and Continuing Education Courses),
or who has obtained a General Installers and Repairman Exemption as specified in 9.13 of this title (relating to
General Installers and Repairman Exemption). Company representatives and operations supervisors shall also comply
with 9.17 of this title (relating to Designation and Responsibilities of Company Representatives and Operations
Supervisors).
(h) For license renewals, LP-Gas Operations shall notify the licensee in writing at the address on file with LP-Gas
Operations of the impending license expiration at least 30 calendar days before the date a persons license is scheduled
to expire. The renewal notice shall include copies of LPG Forms 1, 1A, and 7, whichever are applicable, showing the
information currently on file. Renewals shall be submitted to LP-Gas Operations with any necessary changes clearly
marked on the forms. Licensees engaging in LP-gas product activities as defined in Texas Natural Resources Code,
113.081(a)(4), shall include on LPG Form 1 a 24-hour emergency response telephone number, if not previously
submitted, along with the license renewal fee specified in 9.6 of this title (relating to Licenses and Fees) and any
applicable transport registration fee specified in 9.202 of this title (relating to Registration and Transfer of LP-Gas
Transports or Container Delivery Units) on or before the last day of the month in which the license expires in order for
the licensee to continue LP-gas activities. Failure to meet the renewal deadline set forth in this section shall result in
expiration of the license. If a persons license expires, that person shall immediately cease performance of any LP-gas
activities authorized by the license. After verification, if the licensee has met all other requirements for licensing, LPGas Operations shall renew the license, and the person may resume LP-gas activities.
(1) If a persons license 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 required by 9.6 of this title. Upon receipt of the renewal fee, LP-Gas
Operations shall verify that the persons license has not been suspended, revoked, or expired for more than one
year. After verification, if the licensee has met all other requirements for licensing, LP-Gas Operations shall renew
the license, and the person may resume LP-gas activities.
(2) If a persons license 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 required by 9.6 of this title. Upon receipt of the
renewal fee, LP-Gas Operations shall verify that the persons license has not been suspended, revoked, or expired
for more than one year. After verification, if the licensee has met all other requirements for licensing, LP-Gas
Operations shall renew the license, and the person may resume LP-gas related activities.
(3) If a persons license 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.
(4) 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 LP-Gas Operations a fee that is equal to two times the renewal fee required
by 9.6 of this title.
(A) 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;
(B) 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 (relating to Insurance Requirements) and the continuing education and training
requirements as specified in 9.51 of this title (relating to General Requirements for Training and Continuing
Education).
(i) Applicants for license or license renewal in the following categories shall comply with these additional requirements:
(1) An applicant for a Category A license or renewal shall file with LP-Gas Operations for each of its outlets legible
copies of:
(A) its current Department of Transportation (DOT) authorization. A licensee shall not continue to operate
after the expiration date of the DOT authorization; and/or
(B) its current American Society of Mechanical Engineers (ASME) Code, Section VIII certificate of
authorization.
(2) An applicant for a Category B or O license or renewal shall file with LP-Gas Operations a properly completed
LPG Form 505 certifying that the applicant will follow the testing procedures indicated. The company representative
designated on the licensees LPG Form 1 shall sign the LPG Form 505.
(3) An applicant for Category A, B, or O license or renewal who tests tanks, subframes LP-gas cargo tanks, or
performs other activities requiring DOT registration shall file with LP-Gas Operations 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).
request in writing that examinations be given in their area. AFRED shall schedule its examinations and locations at
its discretion.
(2) Except in a case where a conditional qualification has been requested in writing and approved under 9.17(g)
of this title (relating to Designation and Responsibilities of Company Representatives and Operations Supervisors),
the Category E, F, G, I, and J management-level rules examination shall be administered only in conjunction with
the Category E, F, G, I and J management-level courses of instruction. Management-level rules examinations other
than Category E, F, G, I and J may be administered on any scheduled examination day.
(3) The Commission may not issue a certification card to an applicant for a management-level certificate that
requires completion of a course of instruction until the applicant completes both the required course of instruction
and passes the required management-level rules examination.
(4) An applicant for a management-level certificate shall pass the management-level rules examination within two
years after completing a required course of instruction. An applicant who fails to pass such an examination within
two years of completing such a course shall reapply as a new applicant.
(5) Exam fees.
(A) The nonrefundable management-level rules examination fee (for company representatives and operations
supervisors) is $70.
(B) The nonrefundable employee-level rules examination fee (for employees other than company
representatives or operations supervisors) is $40.
(C) The nonrefundable examination fee shall be paid each time an individual wishes to take the examination.
(D) Individuals who register and pay for a Category E, F, G, I or J training course as specified in 9.51(f)(2)
(A) of this title (relating to General Requirements for Training and Continuing Education) shall pay the charge
specified for the applicable examination.
(A) Effective June 1, 2008, an applicant shall complete the examination within the time limit specified in this
paragraph.
(i) The Category E management-level (closed book), Bobtail employee-level (open book), and Service and
Installation employee-level (open book) examinations shall be limited to three hours.
(ii) All other categories of management-level examinations and all other employee-level examinations shall
be limited to two hours.
(C) An examinee shall submit the examination and the answer sheet to the examination proctor before or at
the end of the established time limit for an examination.
26 - LP-Gas Safety Rules
(D) The examination proctor shall mark any answer sheet that was not completed within the time limit.
(7) The Commission may offer employee-level LP-Gas Transport Driver, DOT Cylinder Filling, and Motor/Mobile
Fuel Dispensing examinations in Spanish or English.
(b) Table 1 of this subsection specifies the examinations offered by the Commission.
A B C D E F G H I J K L M N OP
* *
* *
* *
* *
* *
(1) The Bobtail examination qualifies an individual to operate a bobtail, to perform all the LP-gas activities
authorized by the Transport Driver, DOT Cylinder Filling, and Motor/Mobile Fuel examinations, and to perform leak
checks and pressure tests, light appliances, and adjust regulators and thermocouples. The Bobtail examination
does not authorize an individual to connect or disconnect containers, except when performing a pressure test or
removing a container from service.
(2) The Transport Driver examination qualifies an individual to operate an LP-gas transport equipped with a
container of more than 5,000 gallons water capacity, to load and unload LP-gas, and connect and disconnect
transfer hoses. The Transport Driver examination does not authorize an individual to operate a bobtail or to install
or repair transport systems.
(3) The On-Road Motor Fuel examination qualifies an individual to install LP-gas motor fuel containers, cylinders,
and LP-gas motor fuel systems, and replace container valves on motorized vehicles licensed to operate on public
roadways. The On-Road Motor Fuel examination does not authorize an individual to fill LP-gas motor or mobile fuel
containers.
(4) The Non-Road Motor Fuel examination qualifies an individual to install LP-gas motor fuel containers, cylinders,
and LP-gas motor fuel systems, and replace container valves on vehicles such as industrial forklift trucks and
lawnmowers. The Non-Road Motor Fuel examination does not authorize an individual to fill LP-gas motor fuel
containers or cylinders.
(5) The Mobile Fuel examination qualifies an individual to install LP-gas mobile fuel containers, cylinders, and
LP-gas mobile fuel systems, and replace container valves on mobile fuel equipment such as trailers, catering trucks,
mobile kitchens, tar kettles, hot oil units, auxiliary engines and similar equipment. The Mobile Fuel examination
does not authorize an individual to fill LP-gas mobile fuel containers or cylinders.
(6) The DOT Cylinder Filling examination qualifies an individual to inspect, requalify, fill, disconnect and
connect cylinders, including industrial truck cylinders, and to exchange cylinder valves. The DOT Cylinder Filling
examination does not authorize an individual to fill ASME motor or mobile fuel containers.
(7) The Recreational Vehicle examination qualifies an individual to install LP-gas motor or mobile fuel containers,
including cylinders, and to install and repair LP-gas systems on recreational vehicles. The Recreational Vehicle
examination does not authorize an individual to fill LP-gas containers.
(8) The Service and Installation examination qualifies an individual to perform all LP-gas activities related to
stationary LP-gas systems, including LP-gas containers, appliances, and stationary engines. The Service and
Installation examination does not authorize an individual to fill containers or operate an LP-gas transport.
(9) The Appliance Service and Installation examination qualifies an individual to perform all LP-gas activities
related to appliances, including installing, repairing and converting appliances, installing and repairing connectors
from the appliance gas stop through the venting system, and to perform leak checks on the new or repaired portion
of an LP-gas system. The Appliance Service and Installation examination does not authorize an individual to install
a container, install or repair piping upstream of and including the appliance gas stop, or to install, repair or adjust
regulators.
(10) The Motor/Mobile Fuel Dispensing examination qualifies an individual to inspect and fill motor or mobile fuel
containers on vehicles, including recreational vehicles, cars, trucks, and buses. The Motor/Mobile Fuel Dispensing
examination does not authorize an individual to fill LP-gas cylinders or ASME stationary containers.
(c) Within 15 calendar days of the date an individual takes an examination, AFRED shall notify the individual of the
results of the examination.
(1) If the examination is graded or reviewed by a testing service, AFRED shall notify the individual of the
examination results within 14 days of the date AFRED receives the results from the testing service. If the notice
of the examination results will be delayed for longer than 90 days after the examination date, AFRED shall notify
the individual of the reason for the delay before the 90th day. AFRED may require a testing service to notify an
individual of the individuals examination results.
(2) Successful completion of any required examination shall be credited to and accrue to the individual.
(3) An individual who has been issued a certification card shall make the card readily available and shall present
the card to any Commission employee or agent who requests proof of certification.
28 - LP-Gas Safety Rules
(d) Failure of any examination shall immediately disqualify the individual from performing any LP-gas related activities
covered by the examination which is failed, except for activities covered by a separate examination which the individual
has passed. If requested by an individual who failed the examination, AFRED shall furnish the individual with an
analysis of the individuals performance on the examination.
(1) Any individual who fails an examination administered by the Commission only at the Austin location may retake
the same examination only one additional time during a business day.
(2) Any subsequent examination shall be taken on another business day, unless approved by the AFRED director.
9.12 Trainees
(a) A licensee or ultimate consumer may employ an individual as a trainee for a period not to exceed 45 calendar days
without that individual having successfully completed the rules examination as specified in 9.10 of this title (relating
to Rules Examination) subject to the following conditions. The trainee shall be directly and individually supervised
at all times by an individual who has successfully completed the Commissions rules examination for the areas of work
being performed by the trainee.
(b) A trainee who successfully completes the rules examination shall comply with the training requirements for a new
certificate in 9.51 and 9.52 of this title (relating to General Requirements for Training and Continuing Education; and
Training and Continuing Education Courses).
(c) A trainee who fails the rules examination shall immediately cease to perform any LP-gas related activities covered
by the examination failed.
(d) A trainee who has been in training for a total period of 45 calendar days, in any combination and with any number
of employers, shall cease to perform any LP-gas activities for which he or she is not currently certified.
(3) submits a legible photocopy of a picture state-issued identification card or drivers license;
(b) This exemption does not become effective until the registration/examination exemption certificate is issued by
AFRED.
(c) The registration/examination exemption accrues to the individual and is nontransferable.
(d) Any individual granted such exemption shall maintain registered status at all times. Upon failure to maintain
registered status, the individual shall immediately cease all affected LP-gas activities until proper status has been
regained.
(e) In order to maintain an exemption, each individual issued a registration/examination exemption certificate shall
pay a $20 annual renewal fee to AFRED on or before May 31 of each year. Failure to pay the annual renewal fee by May
31 shall result in a lapsed exemption. If an individuals exemption lapses, that individual shall cease all LP-gas activities
until the exemption has been renewed. To renew a lapsed exemption, the applicant shall pay the $20 annual renewal
fee plus a $20 late-filing fee. Failure to do so shall result in the expiration of the registration/examination exemption.
If an individuals registration/examination exemption has been expired for more than two years, that individual shall
complete all requirements necessary to apply for a new exemption.
(f) Any individual who is issued this exemption agrees to comply with the current edition of the LP-Gas Safety Rules. In
the event the exempt individual surrenders, fails to renew, or has the licensed revoked either by the Texas State Board
of Plumbing Examiners or the Texas Department of Licensing and Regulation, that individual shall immediately cease
performing any LP-gas activities granted by this section. The exemption certificate shall be returned immediately to
AFRED and all rights and privileges surrendered.
(e) Typical penalties. Regardless of the method by which the typical penalty amount is calculated, the total penalty
amount will be within the statutory limit. Typical penalties for violations of provisions of Texas Natural Resources
Code, Chapter 113, relating to LPgas safety; of rules, orders, licenses, permits, or certificates relating to LPgas
safety adopted under those provisions; and of regulations, codes, or standards that the Commission has adopted by
reference, are set forth in Table 1.
LP-Gas Rule/Statute
General Description
Typical
Minimum
Penalty
Amount/Range
16 TAC 9.4(a)
Retention of records
16 TAC 9.4(d)
16 TAC 9.7(a)
$500
16 TAC 9.7(d)
$100
16 TAC 9.7(g)
$500
16 TAC 9.7(h)
$500
16 TAC 9.7(h)
$750
16 TAC 9.7(h)
$1,000
16 TAC 9.7(h)
16 TAC 9.9
$250
16 TAC 9.11
Employee transfers
$100
16 TAC 9.12
Trainees
$500-1,000
16 TAC 9.13
$500-1,000
16 TAC 9.17
$500
16 TAC 9.21
$500
16 TAC 9.22
$500
16 TAC 9.23
$1,000-2,500
$500
$2,500
$1,000-2,500
$2,500
LP-Gas Rule/Statute
Typical
Minimum
Penalty
Amount/Range
General Description
16 TAC 9.26
$1,000
16 TAC 9.28
$2,500
16 TAC 9.32
$500
16 TAC 9.35
16 TAC 9.36(a)
16 TAC 9.36(c)
Completed Form 20
$100
16 TAC 9.36(e)
$250
16 TAC 9.41
16 TAC 9.101(b)
Filings for stationary installations Form 501 (< 10,000 gal AWC), 1-5
occurrences
$100
16 TAC 9.101(b)
Filings for stationary installations Form 501 (< 10,000 gal AWC), 6-10
occurrences
$200
16 TAC 9.101(b)
Filings for stationary installations Form 501 (< 10,000 gal AWC), >10
occurrences
$500
16 TAC 9.101(c)
Filings for stationary installations Form 500 (>= 10,000 gal AWC)
16 TAC 9.109
$250-1,000
16 TAC 9.113
Maintenance
$250-1,000
16 TAC 9.114(a)
$500-2,500
16 TAC 9.126(a)(b)
16 TAC 9.126(c)
16 TAC 9.129
16 TAC 9.131
$100-500
$1,000
$1,000
$1,000
$1,000
$250
$1,000
$500-1,000
LP-Gas Rule/Statute
General Description
Typical
Minimum
Penalty
Amount/Range
16 TAC 9.132
$1,000
16 TAC 9.134
$250-1,000
16 TAC 9.135
$500-2,500
16 TAC 9.136
$500-2,500
16 TAC 9.137
16 TAC 9.140
$100-750
16 TAC 9.141
$100-750
16 TAC 9.142
$100-500
16 TAC 9.143
$500-2,500
16 TAC 9.201
$500-2,500
16 TAC 9.202
$500-1,500
16 TAC 9.203
16 TAC 9.204
Maintenance of vehicles
16 TAC 9.206
16 TAC 9.208
Testing requirements
16 TAC 9.211
Markings
$250
16 TAC 9.212
Manifests
$250
16 TAC 9.301
16 TAC 9.301
16 TAC 9.301
16 TAC 9.301
$500
$100-500
$250-1,000
$50-100
$250-1,000
$250-2,500
$250-750
$500-1,000
$100-500
LP-Gas Rule/Statute
Typical
Minimum
Penalty
Amount/Range
General Description
16 TAC 9.301
$100-500
16 TAC 9.301
$1,500
16 TAC 9.301
16 TAC 9.301
16 TAC 9.301
$500-1,000
16 TAC 9.306
$250-1,000
16 TAC 9.307
$100-250
16 TAC 9.308
$100-250
16 TAC 9.311
$100-500
16 TAC 9.312
16 TAC 9.401
16 TAC 9.401
$500
16 TAC 9.401
$750
16 TAC 9.401
16 TAC 9.401
$500
16 TAC 9.401
$750
16 TAC 9.401
16 TAC 9.401
16 TAC 9.403
$500-1,000
$100-500
$500
$250-2,500
$1,000
$1,000
$100-250
$250-2,500
(f) Penalty enhancements for certain violations. For violations that involve threatened or actual safety hazards, or that
result from the reckless or intentional conduct of the person charged, the Commission may assess an enhancement of
the typical penalty. The enhancement may be in any amount in the range shown for each type of violation, as shown in
Table 2.
$5,000 to $20,000
$1,000 to $5,000
$1,000 to $15,000
$1,000 to $5,000
$1,000 to $15,000
$1,000 to $5,000
Severity of
violation or
culpability of
person charged
$100 to $2,000
for each month
Up to double the
total penalty
Up to triple the
total penalty
(g) Penalty enhancements for certain violators. For violations in which the person charged has a history of prior
violations within seven years of the current enforcement action, the Commission may assess an enhancement based
on either the number of prior violations or the total amount of previous administrative penalties, but not both. The
actual amount of any penalty enhancement will be determined on an individual casebycase basis for each violation. The
guidelines in Tables 3 and 4 are intended to be used separately. Either guideline may be used where applicable, but not
both.
Enhancement amount
One
$1,000
Two
$2,000
Three
$3,000
Four
$4,000
Five or more
$5,000
Enhancement amount
$1,000
$2,500
$5,000
$10,000
Over $100,000
(h) Penalty reduction for settlement before hearing. The recommended monetary penalty for a violation may be reduced
by up to 50% if the person charged agrees to a settlement before the Commission conducts an administrative hearing
to prosecute a violation. Once the hearing is convened, the opportunity for the person charged to reduce the basic
monetary penalty is no longer available. The reduction applies to the basic penalty amount requested and not to any
requested enhancements.
(i) Demonstrated good faith. In determining the total amount of any monetary penalty requested, recommended, or
finally assessed in an enforcement action, the Commission may consider, on an individual casebycase basis for each
violation, the demonstrated good faith of the person charged. Demonstrated good faith includes, but is not limited to,
actions taken by the person charged before the filing of an enforcement action to remedy, in whole or in part, a violation
or to mitigate the consequences of a violation.
(j) Other sanctions. Depending upon the nature of and the consequences resulting from a violation of the rules in this
chapter, the Commission may impose a nonmonetary penalty, such as requiring attendance at a safety training course, or
may issue a warning.
(k) Penalty calculation worksheet. The penalty calculation worksheet shown in Table 5 lists the typical penalty amounts
for certain violations, the circumstances justifying enhancements of a penalty and the amount of the enhancement, and
the circumstances justifying a reduction in a penalty and the amount of the reduction.
LP-Gas Rule/Statute
General Description
Typical Minimum
Penalty Amount/
Range
Penalty
Tally
16 TAC 9.4(a)
Retention of records
16 TAC 9.4(d)
16 TAC 9.7(a)
$500 $
16 TAC 9.7(d)
$100 $
16 TAC 9.7(g)
$500 $
16 TAC 9.7(h)
$500 $
16 TAC 9.7(h)
$750 $
16 TAC 9.7(h)
$1,000 $
10
16 TAC 9.7(h)
11
16 TAC 9.9
$250 $
12
16 TAC 9.11
Employee transfers
$100 $
13
16 TAC 9.12
Trainees
14
16 TAC 9.13
15
16 TAC 9.17
$500 $
16
16 TAC 9.21
$500 $
17
16 TAC 9.22
$500 $
18
16 TAC 9.23
$1,000-2,500 $
$500 $
$2,500 $
$1,000-2,500 $
$500-$1,000 $
$500-1,000 $
$2,500 $
LP-Gas Rule/Statute
General Description
Typical Minimum
Penalty Amount/
Range
Penalty
Tally
19
16 TAC 9.26
$1,000 $
20
16 TAC 9.28
$2,500 $
21
16 TAC 9.32
$500 $
22
16 TAC 9.35
23
16 TAC 9.36(a)
24
16 TAC 9.36(c)
Completed Form 20
$100 $
25
16 TAC 9.36(e)
$250 $
26
16 TAC 9.41
27
16 TAC 9.101(b)
$100 $
28
16 TAC 9.101(b)
$200 $
29
16 TAC 9.101(b)
$500 $
30
16 TAC 9.101(c)
31
16 TAC 9.109
$250-1,000 $
32
16 TAC 9.113
Maintenance
$250-1,000 $
33
16 TAC 9.114(a)
$500-2,500 $
34
16 TAC 9.126(a)-(b)
35
16 TAC 9.126(c)
36
16 TAC 9.129
37
16 TAC 9.131
$100-500 $
$1,000 $
$1,000 $
$1,000 $
$1,000 $
$250 $
$1,000 $
$500-1,000 $
LP-Gas Rule/Statute
General Description
Typical Minimum
Penalty Amount/
Range
Penalty
Tally
38
16 TAC 9.132
$1,000 $
39
16 TAC 9.134
$250-1,000 $
40
16 TAC 9.135
$500-2,500 $
41
16 TAC 9.136
$500-2,500 $
42
16 TAC 9.137
43
16 TAC 9.140
$100-750 $
44
16 TAC 9.141
$100-750 $
45
16 TAC 9.142
$100-500 $
46
16 TAC 9.143
$500-2,500 $
47
16 TAC 9.201
$500-2,500 $
48
16 TAC 9.202
$500-1,500 $
49
16 TAC 9.203
50
16 TAC 9.204
Maintenance of vehicles
51
16 TAC 9.206
52
16 TAC 9.208
Testing requirements
53
16 TAC 9.211
Markings
$250 $
54
16 TAC 9.212
Manifests
$250 $
55
16 TAC 9.301
$500 $
$100-500 $
$250-1,000 $
$50-100 $
$250-1,000 $
$250-2,500 $
LP-Gas Rule/Statute
Typical Minimum
Penalty Amount/
Range
General Description
Penalty
Tally
56
16 TAC 9.301
57
16 TAC 9.301
58
16 TAC 9.301
$100-500 $
59
16 TAC 9.301
$100-500 $
60
16 TAC 9.301
$1,500 $
61
16 TAC 9.301
62
16 TAC 9.301
63
16 TAC 9.301
$500-1,000 $
64
16 TAC 9.306
$250-1,000 $
65
16 TAC 9.307
$100-250 $
66
16 TAC 9.308
$100-250 $
67
16 TAC 9.311
$100-500 $
68
16 TAC 9.312
69
16 TAC 9.401
70
16 TAC 9.401
$500 $
71
16 TAC 9.401
$750 $
72
16 TAC 9.401
$250-750 $
$500-1,000 $
$500-1,000 $
$100-500 $
$500 $
$250-2,500 $
$1,000 $
LP-Gas Rule/Statute
General Description
Typical Minimum
Penalty Amount/
Range
Penalty
Tally
73
16 TAC 9.401
$500 $
74
16 TAC 9.401
$750 $
75
16 TAC 9.401
76
16 TAC 9.401
77
16 TAC 9.403
78
79
80
$1,000 $
$100-250 $
$250-2,500 $
$
______% $
$
Penalty enhancement amounts for threatened or actual safety hazard from Table 2
81
82
83
84
85
86
$5,000 to
$
$20,000
$1,000 to $5,000 $
$1,000 to
$
$15,000
$1,000 to $5,000 $
$1,000 to
$
$15,000
$1,000 to $5,000 $
87
88
Subtotal: amount shown on line 81 plus all amounts on lines 81 through 87, inclusive
LP-Gas Rule/Statute
General Description
Typical Minimum
Penalty Amount/
Range
Penalty
Tally
90
Up to double line X $
Up to triple line X $
Penalty enhancements for number of prior violations within past seven years from Table 3
91
One
$1,000 $
92
Two
$2,000 $
93
Three
$3,000 $
94
Four
$4,000 $
95
Five or more
$5,000 $
Penalty enhancements for amount of penalties within past seven years from Table 4
96
$1,000 $
97
$2,500 $
98
$5,000 $
99
$10,000 $
100
Over $100,000
10% of total
$
amount
Subtotal: Line 88 amt. plus amts. on line 89 and/or 90 plus the amt. shown on any line from 91 through
103 TOTAL PENALTY AMOUNT: amount on line 101 less any amount shown on line 102
(2) The notice shall specify the acts, omissions, or conduct constituting the alleged violation or noncompliance and
shall designate a date not less than 30 calendar days or more than 45 calendar days after the licensee or certified
person receives the notice by which the violation or noncompliance shall be corrected or discontinued. If LP-Gas
Operations determines the violation or noncompliance may pose imminent peril to the health, safety, or welfare
of the general public, LP-Gas Operations may notify the licensee or certified person orally with instruction to
immediately cease the violation or noncompliance. When oral notice is given, LP-Gas Operations shall follow it with
written notification no later than five business days after the oral notification.
(3) The licensee or certified person shall either report the correction or discontinuance of the violation or
noncompliance within the time frame specified in the notice or shall request an extension of time in which to
comply. The request for extension of the time to comply shall be received by LP-Gas Operations within the same
time frame specified in the notice for correction or discontinuance.
(d) Hearing regarding suspension or revocation of licenses and certifications.
(1) If a licensee or certified person disagrees with the determination of LP-Gas Operations under this section, that
person may request a public hearing on the matter to be conducted in compliance with the Texas Government
Code, Chapter 2001, et seq., Chapter 1 of this title (relating to Practice and Procedure), and this chapter. The
request shall be in writing, shall refer to the specific rules or statutes the licensee or certified person claims to have
complied with, and shall be received by LP-Gas Operations within 30 calendar days of the licensees or certified
persons receipt of the notice of violation or noncompliance. LP-Gas Operations shall forward the request for
hearing to the Office of General Counsel.
(2) If LP-Gas Operations determines that the licensee or certified person may not comply within the specified time,
LP-Gas Operations may call a public hearing to be conducted in compliance with the Texas Government Code,
Chapter 2001, et seq., Chapter 1 of this title, and any other applicable rules.
(C) the certified employee and/or the operations supervisor monitors the telephone number and responds to
calls during normal business hours.
(4) The company representative may also serve as operations supervisor for one of the licensees outlets provided
that the individual meets both the company representative and the operations supervisor requirements in this
section.
(5) A licensee shall immediately notify LP-Gas Operations in writing upon termination, for whatever reason, of
its company representative or any operations supervisor and shall at the same time designate a replacement
by submitting a new LPG Form 1 for a new company representative or a new LPG Form 1A for a new operations
supervisor.
(A) A licensee shall cease all LP-gas activities if, at the termination of its company representative, there is no
other qualified company representative of the licensee who has complied with the Commissions requirements.
A licensee shall not resume LP-gas activities until such time as it has a properly qualified company
representative or it has been granted an extension of time in which to comply as specified in subsection (g) of
this section.
(B) A licensee shall cease LP-gas activities at an outlet if, at the termination of its operations supervisor
for that outlet, there is no other qualified operations supervisor at that outlet who has complied with the
Commissions requirements. A licensee shall not resume LP-gas activities at that outlet until such time as it
has a properly qualified operations supervisor or it has been granted an extension of time in which to comply as
specified in subsection (g) of this section.
(b) Company representative. A company representative shall comply with the following requirements:
(1) be an owner or employee of the licensed entity, in the case of a licensee other than a Category P licensee;
(2) be the licensees principal individual in authority and, in the case of a licensee other than a Category P
licensee, responsible for actively supervising all LP-gas activities conducted by the licensee, including all appliance,
container, portable cylinder, product, and system activities;
(3) have a working knowledge of the licensees LP-gas activities to insure compliance with the LP-Gas Safety Rules;
(4) pass the appropriate management-level rules examination and complete any required training specified in 9.52
of this title (relating to Training and Continuing Education Courses), or in the case of an applicant for a Category D
license, obtain a General Installers and Repairman Exemption as specified in 9.13 of this title (relating to General
Installers and Repairman Exemption);
(5) comply with the work experience or training requirements in subsection (g) of this section, if applicable;
(6) be directly responsible for all employees performing their assigned LP-gas activities, unless an operations
supervisor is fulfilling this requirement; and
(7) submit any additional information as deemed necessary by LP-Gas Operations.
(c) Operations supervisors. An operations supervisor, in the case of a licensee other than a Category P licensee, shall
comply with the following requirements:
(1) be an owner or employee of the licensee;
(2) pass the applicable management-level rules examination and complete any required training specified in
9.52 of this title (relating to Training and Continuing Education Courses) or, in the case of a Category D license
only, obtain a General Installers and Repairman Exemption as specified in 9.13 of this title (relating to General
Installers and Repairman Exemption), before commencing or continuing the licensees LP-gas activities at the
outlet; and
(3) be directly responsible for actively supervising the LP-gas activities of the licensee at the designated outlet.
(d) In lieu of an operations supervisor requirement for a Category P license, the Category E, J, or other licensee
providing the Category P licensee with portable cylinders for exchange shall be required to:
(1) prepare a manual containing, at a minimum, the following:
(B) an explanation of the various parts of an LP-gas cylinder, including what the purpose of each part is and
how to operate the cylinder valve;
(D) a prohibition against moving or installing cylinder cages at any store location;
(E) a prohibition against taking or storing inside a building any cylinders that have or have had LP-gas in them;
(F) a requirement that all cylinders containing LP-gas be stored in a manner so that the relief valve is in the
vapor space of the cylinder;
(G) a requirement that the employees who handle the cylinders know the location within the store of the
manual and know the contents of the manual;
(H) instructions related to any potential hazards that may be specific to a location, including but not limited to
the proper distancing of cylinders from combustible materials and sources of ignition;
(I) detailed emergency procedures regarding a leaking cylinder, including all applicable emergency contact
numbers;
(J) a requirement that any accidents be reported to the Category E, J, or other licensee who prepares the
manual, and detailed procedures for reporting any accidents;
(K) all Commission rules applicable to the Category P license, including the requirement that the Category P
licensee is responsible for complying with all such rules;
LP-Gas Safety Rules - 47
(L) all provisions of Subchapter H (Enforcement) of Chapter 113 of the Texas Natural Resources Code;
(M) a detailed description of the training provided to each employee of the Category P licensee who may be
engaged in any activities covered by the Category P license; and
(N) a page for the signatures, printed names and dates of training for each individual trained at each outlet on
this manual.
(2) provide a copy of the manual for display at each outlet or location of the Category P licensee;
(3) provide training as to the contents of the manual to each employee who may be engaged in any activities
covered by the Category P license at all outlets or locations of the Category P licensee and maintain records
regarding the employees of the Category P licensee who have been trained; and
(4) complete all three requirements of this subsection, for existing Category P licensees, prior to October 25, 2001,
and within 45 days of any Category P license obtained on or after September 1, 2001.
(e) The Category P licensee is responsible for the following:
(1) insuring that each employee who is involved with the activities covered by the Category P license is
knowledgeable about the contents of the manual and has signed and dated the signature page of the manual; and
(2) insuring that each such employee is aware of the location of the manual and can show the manual to employees
of the Commission upon their request.
(f) Category P licensees. The company representative requirement for a Category P licensee may be satisfied
by employing a Category E, J, or other licensee company representative if the Category E, J, or other company
representative is authorized by the Category P licensee to assign and remove any employee who does not comply with
the LP-Gas Safety Rules or who performs any unsafe LP-gas activities.
(g) Work experience substitution for Category E, F, G, I, and J. The AFRED director may, upon written request, allow
a conditional qualification for a Category E, F, G, I, or J company representative or operations supervisor who passes
the applicable management-level rules examination provided that the individual attends and successfully completes
the next available Category E, F, G, I, or J management-level training course, or a subsequent Category E, F, G, I, or
J management-level training course agreed on by the AFRED director and the applicant. The written request shall
include a description of the individuals LP-gas experience and other related information in order that the AFRED
director may properly evaluate the request. If the individual fails to complete the training requirements within the time
granted by the AFRED director, the conditional qualification shall immediately be voided and the conditionally qualified
company representative or operations supervisor shall immediately cease all LP-gas activities. Applicants for company
representative or operations supervisor who have less than three years experience or experience which is not applicable
to the category for which the individual is applying shall not be granted a conditional qualification and shall comply with
the training requirements in 9.52 of this title (relating to Training and Continuing Education Courses) prior to AFRED
issuing a certificate.
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.
(3) Texas applicants shall provide copies of their Commission-issued wallet certification cards showing their annual
certification as their written proof when applying to other states for reciprocal examination exemptions.
(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 LP-Gas Safety Rules.
(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 the action.
(3) A state may suspend, revoke, or deny a reciprocity renewal or an individuals reciprocal examination exemption,
as specified in 9.16 of this title (relating to Hearings for Denial, Suspension, or Revocation of Licenses 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) Upon the effective date of this section, AFRED 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.
(e) In the event of a death of a sole proprietor or partner, the AFRED director may grant a temporary exception not to
exceed 30 calendar days to the examination requirement for company representatives and operations supervisors. An
applicant for a temporary exception shall agree to comply with all applicable safety requirements.
(b) Each licensee shall file LPG Form 999 or other written notice with LP-Gas Operations at least 30 calendar days
before the cancellation of any insurance coverage. The 30-day period commences on the date the notice is actually
received by LP-Gas Operations.
(c) A licensee or applicant for a license that does not employ or contemplate employing any employee to be engaged in
LP-gas related activities in Texas may file LPG Form 996B in lieu of filing a workers compensation, including employers
liability insurance, or alternative accident and health insurance coverage. The licensee or applicant for a license shall
file the required insurance form with LP-Gas Operations before hiring any person as an employee engaged in LP-gas
related work .
Category of
License
Type of Coverage
All Except P
A, B, C,
E, O, H, J
D, F, G, I,
K, L, M,
N, P
C, E, H, J, Ultimate
Consumer
A, B, C,
E, O
Form Required
Statement in
Lieu of Required
Insurance Filing
(d) A licensee, applicant for a license, or an ultimate consumer that does not operate or contemplate operating a motor
vehicle equipped with an LP-gas cargo container or does not transport or contemplate transporting LP-gas by vehicle in
any manner may file LPG Form 997B in lieu of a motor vehicle bodily injury and property damage insurance form, if this
certificate is not otherwise required. The licensee or applicant for a license shall file the required insurance form with
LP-Gas Operations before operating a motor vehicle equipped with an LP-gas cargo container or transporting LP-gas by
vehicle in any manner.
(e) A licensee or applicant for a license that does not engage in or contemplate engaging in any LP-gas operations that
would be covered by completed operations or products liability insurance, or both, may file LPG Form 998B in lieu of
a completed operations and/or products liability insurance form . The licensee or applicant for a license shall file the
required insurance form with LP-Gas Operations before engaging in any operations that require completed operations
and/or products liability insurance.
(f) A licensee or applicant for a license that does not engage in or contemplate engaging in any operations that would
be covered by general liability insurance may file LPG Form 998B in lieu of filing a general liability insurance form. The
licensee or applicant for a license shall file the required insurance form with LP-Gas Operations before engaging in any
operations that require general liability insurance.
(g) A licensee may protect its employees by obtaining accident and health insurance coverage from an insurance
company authorized to write such policies in this state as an alternative to workers compensation coverage. The
alternative coverage shall be in the amounts specified in Table 1 of this section.
(h) A state agency or institution, county, municipality, school district, or other governmental subdivision shall meet
the requirements of this section for workers compensation, general liability, and/or motor vehicle liability insurance by
filing LPG Form 995 with LP-Gas Operations as evidence of self-insurance, if permitted by the Texas Labor Code, Title 5,
Subtitle C, and Texas Natural Resources Code, 113.097.
(i) Self-insurance requirements.
(1) This subsection applies to a licensees or a license applicants motor vehicle bodily injury and property damage
liability coverage and general liability coverage. A licensee or license applicant shall not elect to self-insure for
more than 12 consecutive months, exclusive of the six-month period for which a letter of credit is required to
remain in effect pursuant to paragraph (4) of this subsection.
(2) A licensee or license applicant desiring to self-insure shall file with LP-Gas Operations a properly completed
LPG Form 28, Notice of Election to Self-Insure (created 11/02) and a properly completed LPG Form 28A, Bank
Declarations Regarding Irrevocable Letter of Credit (created 11/02). The licensee or license applicant shall attach
to the LPG Form 28A any documentation necessary to show that the bank issuing the irrevocable letter of credit
meets the requirements in paragraph (5)(E) of this subsection.
(3) The irrevocable letter of credit shall be in an amount that is no less than the total of all minimum insurance
coverage amounts required by the Commission in the Table in subsection (a) of this section for every coverage for
which the licensee or license applicant seeks to self-insure.
(4) The irrevocable letter of credit shall be valid until the expiration date shown on LPG Form 28, which shall be no
sooner than six months after the earlier of either:
(B) be payable to the Commission or Commissions designee in part or in full as directed by the Commission in
compliance with an order from state or federal court;
(C) include a guarantee from the bank that issues the letter of credit (irrevocable confirmed credit);
(D) not apply to the licensing requirements for workers compensation insurance including employers liability
insurance or alternative accident/health insurance; and
(E) be issued by a federally insured bank authorized to do business in the State of Texas which meets or
exceeds the following requirements:
(i) Bank management shall attest that the bank is not subject to any outstanding written enforcement
action, agreement, order, capital directive, or prompt corrective action directive issued by a state or federal
bank regulatory agency;
(ii) The bank shall be well capitalized as defined in federal bank regulatory statutes with:
(iii) The bank shall have received a satisfactory or better rating at its most recent Community
Reinvestment Act (CRA) examination by a federal bank regulatory agency;
(iv) The bank management shall attest that the full amount of the letter of credit, when added to other
indebtedness of the licensee or applicant for license to the bank, is within the banks regulatory lending
limit; and
(v) The issuing bank shall be in good standing with the State Comptrollers Office regarding the payment of
franchise taxes and other obligations to the state.
(6) Within 30 days of the occurrence of any incident or accident involving the business activities of a self-insured
LP-gas licensee that results in property damage or loss and/or personal injuries, the licensee shall notify LP-Gas
LP-Gas Safety Rules - 55
Operations in writing of the incident. The licensee shall include in the notification a list of the names and addresses
of any individuals known to the licensee who may have suffered losses in the incident. The licensee shall also
provide written notice to all such individuals of the licensees status as being self-insured and of the expiration date
of the licensees letter of credit.
(j) Each licensee shall promptly notify LP-Gas Operations of any change in insurance coverage or insurance carrier by
filing a properly completed revised Acord form; other form approved by the Texas Department of Insurance that has
been prepared and signed by the insurance carrier containing all required information; or documents demonstrating
the applicants compliance with the self-insurance requirements set forth in subsection (i) of this section. Failure to
promptly notify LP-Gas Operations of a change in the status of insurance coverage or insurance carrier may result in an
enforcement action and an administrative penalty.
(B) sufficient identification of the site so that determination of property boundaries may be made;
(C) a plat from the applicable appraisal district indicating the ownership of the land; and
(D) the legal authority under which the applicant, if not the owner, is permitted occupancy.
(5) the name, business address, and telephone number of the applicant and of the authorized agent, if any;
(6) an original signature in ink by the party filing the application or by the authorized representative;
(7) a list of the names and addresses of all interested entities as defined in subsection (c) of this section.
(A) persons and businesses owning or occupying property adjacent to the site;
(B) the city council or fire marshal, if the site is within municipal limits; and
(C) the county Commission, if the site is not within any municipal limits.
(3) If an exception is requested for a motor or mobile fuel installation, affected entities to whom the applicant shall
give notice shall include but not be limited to:
(B) all processed gas loading and unloading facilities utilized by the applicant.
(4) LP-Gas Operations may require an applicant to give notice to persons in addition to those listed in paragraphs
(2) and (3) of this subsection if doing so will not prejudice the rights of any entity.
(d) Objections to the requested exception shall be in writing, filed at LP-Gas Operations within 18 calendar days of the
postmark of the application, and shall be based on facts that tend to demonstrate that, as proposed, the exception would
have an adverse effect of public health, safety, or welfare. LP-Gas Operations may decline to consider objections based
solely on claims of diminished property or esthetic values in the area.
(e) LP-Gas Operations shall review the application within 21 business days of receipt of the application. If LP-Gas
Operations does not receive any objections from any affected entities as defined in subsection (c) of this section, the
LP-Gas Operations director may administratively grant the exception if the director determines that the installation,
as proposed, does not adversely affect the health or safety of the public. LP-Gas Operations shall notify the applicant in
writing by the end of the 21-day review period and, if approved, the installation shall be installed within one year from
the date of approval. LP-Gas Operations shall also advise the applicant at the end of the objection period as to whether
any objections were received and whether the applicant may proceed. If the LP-Gas Operations director denies the
exception, LP-Gas Operations shall notify the applicant in writing, outlining the reasons and any specific deficiencies.
The applicant may modify the application to correct the deficiencies and resubmit the application along with a $30
resubmission fee, or may request a hearing on the matter. To be granted a hearing, the applicant shall file a written
request for hearing within 14 calendar days of receiving notice of the administrative denial.
(f) A hearing shall be held when LP-Gas Operations receives an objection as set out in subsection (d) from any affected
entity, or when the applicant requests one following an administrative denial. LP-Gas Operations shall mail the notice of
hearing to the applicant and all objecting entities by certified mail, return receipt requested, at least 21 calendar days
prior to the date of the hearing. Hearings will be held in accordance with the Texas Government Code, Chapter 2001, et
seq., Chapter 1 of this title (relating to Practice and Procedure), and this chapter.
(g) Applicants intentionally submitting incorrect or misleading information are subject to penalties in the Texas
Natural Resources Code, 91.143, and the filing of incorrect or misleading information shall be grounds for dismissing
the application with prejudice.
(h) After hearing, exceptions to this chapter may be granted by the Commission if the Commission finds that granting
the exception for the installation, as proposed, will not adversely affect the safety of the public.
(i) A request for an exception shall expire if it is inactive for three months after the date of the letter in which the
applicant was notified by LP-Gas Operations of an incomplete request. The applicant may resubmit an application
request.
(2) notification from LP-gas licensees that sufficient supplies are not available locally or that curtailments are
anticipated; and
(3) weather data.
(c) Upon the Commission finding that an LP-gas regional supply emergency exists, the Commission may request
selected LP-gas loading rack operators to give first priority in loading to LP-gas transport vehicles whose cargoes are
bound for counties designated as within the region subject to the LP-gas supply emergency until the regional supply
emergency has been determined to be abated.
Action Criteria
Examples
Grade 1
Grade 2
(6) could reasonably be judged as significant because of rerouting of traffic, evacuation of buildings, or media
interest even though it does not meet paragraphs (1) - (5) of this subsection; or
(7) is required to be reported to any other state or federal agency (such as the Texas Department of Public Safety
or the United States Department of Transportation).
(b) The telephonic notice required by this section shall be made to the Railroad Commissions 24-hour emergency line
at (512) 463-6788 and shall include the following:
(1) name of reporting operator;
(2) location of leak or incident;
(3) time of incident;
(4) fatalities and/or personal injuries;
(5) phone number of operator;
(6) status of incident regarding immediate hazard; and
(7) other significant facts relevant to the incident.
(c) Following the initial telephone report, the LP-gas licensee who made the telephone report shall submit a properly
completed LPG Form 20 to LP-Gas Operations. The report shall be postmarked within 14 calendar days of the date of
initial notification to LP-Gas Operations, or within five business days of receipt of the fire departments report, whichever
occurs first, unless LP-Gas Operations grants authorization for a longer period of time when additional investigation or
information is necessary.
(d) Within five business days of receipt, LP-Gas Operations shall review LPG Form 20 and notify in writing the person
submitting the LPG Form 20 if the report is incomplete and specify in detail what information is lacking or needed.
Incomplete reports may delay the resumption of LP-gas activities at the involved location.
(e) In the case of an accident or incident at a Category P licensees location, the Category P licensee shall immediately
notify the Category E, J, or other licensee who supplies cylinders to the Category P licensee and the Category E, J, or
other licensee shall be responsible for making the accident or incident report to LP-Gas Operations as specified in this
section.
be installed by LP-Gas Operations until the unsafe condition is remedied. Once the unsafe condition is corrected, the
tag may be removed if authorized by LP-Gas Operations.
(b) If LP-Gas Operations determines that any LP-gas container or installation does not comply with the Texas Natural
Resources Code, Chapter 113, or the LP-Gas Safety Rules, but does not constitute an immediate danger to the public
health, safety, and welfare, LP-Gas Operations shall take action to ensure that the container or installation comes into
compliance as soon as practicable. LP-Gas Operations action may include the placement of a warning tag. Once the
container or installation complies with Texas Natural Resources Code, Chapter 113, and the LP-Gas Safety Rules, LPGas Operations may remove or delegate the removal of the warning tag.
(c) If the affected entity disagrees with the removal from service and/or placement of a warning tag, the entity may
request a review of LP-Gas Operations decision within 10 calendar days. LP-Gas Operations shall notify such entity of
its finding, in writing, stating the deficiencies, within 10 business days. If the entity disagrees, the entity may request or
LP-Gas Operations on its own motion may call a hearing. Such installation shall be brought into compliance or removed
from service until such time as the final decision is rendered by the Commission.
school in a residence; or a state or regional school for the blind and visually impaired or the deaf created under
Texas Education Code, Chapter 30.
(3) School district facility--Each building or structure operated by a school district and equipped with a school
LP-gas system, in which students receive instructions or participate in school sponsored extracurricular activities,
excluding maintenance or bus facilities, vehicle fueling facilities, administrative offices, and similar facilities not
regularly used by students.
(4) School LP-gas system--All piping, fittings, valves, regulators, appliance connectors, equipment, and connections
supplying fuel gas from the outlet of the shutoff valve at each LP-gas storage container or upstream of each meter to
the shutoff valve(s) on each appliance in a school district facility.
(5) Supplier--An individual or company that sells and delivers LP-gas to a school district facility. If more than one
individual or company sells and delivers LP-gas to a school district facility, each individual or company is a supplier
for purposes of this section.
(b) School district requirements. A school district shall ensure that a leakage test is performed on each school LP-gas
system as specified in this section. The leakage test shall be performed by an LP-gas licensee, an individual registered
with the Commission pursuant to 9.13 of this title (relating to General Installers and Repairman Exemption), or an
employee of the school district who has been certified by the Commission to perform such a test.
(1) If a leak is found in a school LP-gas system, the school district shall immediately remove the affected school
district facility from LP-gas service until repairs are made and it passes a subsequent school LP-gas system leakage
test. If an employee of a school district performs the initial test, then the subsequent test may not be performed by a
school district employee.
(2) Each school district shall provide the districts supplier with a copy of the most current LP-Gas Form 30 as proof
the school LP-gas system has been tested in accordance with this section.
(3) A school district shall retain LPG Form 30 specifying the date and result of the leakage test performed on each
school LP-gas system for a minimum of five years from the date each test was performed. A school district shall
make LPG Form 30 readily available for review by the Commission or its authorized representative upon request.
(c) Leakage test requirements.
(1) The results of each leakage test shall be immediately documented on LPG Form 30.
(2) LP-gas shall be used as the test medium.
(3) Leakage test pressure shall not exceed normal operating pressure.
used to measure test pressures shall have a range such that the highest end of the scale is not greater than five
times the test pressure.
(6) The manual shutoff valve installed in the piping upstream of each appliance must be open and must supply
pressure to the appliance. To prove the integrity of the 100 percent pilot shutoff valve on each appliance so
equipped, the manual control on the 100 percent pilot shutoff valve must be turned to the on position. Pilots not
incorporating a 100 percent pilot shutoff valve and all manual gas valves not incorporating safety shutoff systems
shall be in the off position prior to the leakage test.
(d) Methods for conducting a leakage test.
(1) Upstream of first stage regulator. Insert a pressure gauge between the manual shutoff valve on the container(s)
and the first stage regulator. Admit full container pressure to the system, and then close the manual shutoff valve
on the container(s). Release gas from the system to lower the pressure gauge reading by 10 psig. If there is no
decrease or increase in gauge pressure after the minimum test duration, the system has no leakage and may remain
in service.
(2) Between first stage and second stage regulators. Insert a pressure gauge with a 30-psig scale downstream of the
first stage regulator, pressurize the system to normal operating pressure, and then close the manual shutoff valve on
the container(s). Release LP-gas from the system to lower the pressure gauge reading by at least one-half the inlet
pressure to the second stage regulator. If there is no decrease or increase in gauge pressure after the minimum test
duration, the system has no leakage and may remain in service.
(3) Downstream of final stage regulator(s). For systems serving appliances that receive gas at pressures of 1/2
psig or less, insert a water manometer or pressure gauge into the system downstream of the final system regulator.
Pressurize the system to normal operating pressure and close the manual shutoff valve on the container(s). To
ensure that all regulators in the system are unlocked and a leak anywhere in the system is communicated to the
gauging instrument, release enough gas from the system, through a range burner or other suitable means, to drop
the pressure to 9 (plus or minus 1/2) inches of water column. If there is no decrease or increase in gauge pressure
after the minimum test duration, the system has no leakage and may remain in service.
(e) Supplier requirements. A supplier shall terminate LP-gas service to a school district facility if:
(1) the supplier receives official notification from the school district, the LP-gas licensee, or the person conducting
the leakage test that there is leakage in a school LP-gas system;
(2) the leakage test performed on a school LP-gas system was not performed in accordance with the requirements
of this section; or
(3) the supplier has not received a copy of LPG Form 30 from the school district verifying that the school LP-gas
system has been tested in accordance with this section.
(f) Commission requirements.
(1) At the request of a school district, the Commission shall assist the district in providing for the certification of an
employee of the school district or school, as applicable, to conduct a leakage test.
64 - LP-Gas Safety Rules
(2) LP-Gas Operations shall initiate any enforcement proceedings necessary under Texas Natural Resources Code,
Chapter 113.
(g) Compliance deadlines.
(1) Each school district shall ensure a leakage test is performed as required by this section at least once every two
years beginning with the 2010-2011 school year.
(2) School districts shall complete the initial leakage tests before the beginning of the 2010-2011 school year. In
the case of a year-round school, a school district shall ensure that a leakage test in each school district facility is
conducted and reported not later than July 1 of the year in which the test is performed, with the first test due by
July 1, 2010.
(3) A school district may perform the leakage tests on a two-year cycle provided that at least one-half of the school
districts facilities are tested each year.
(C) an employee of a state agency, county, municipality, school district, or other governmental subdivision,
unless such an individual is or becomes certified;
(E) anyone certified only as a transport driver, or who holds only an on-road motor fuel, non-road motor fuel, or
mobile fuel certification.
(4) Each individual who performs LP-gas activities as an employee of an ultimate consumer or a state agency,
county, municipality, school district, or other governmental subdivision shall be properly supervised by his or her
employer. Any such individual who is not certified by the Commission to perform such LP-gas activities shall be
properly trained by a competent person in the safe performance of such LP-gas activities.
(c) Individual credit. Successful completion of any required training or continuing education class shall be credited to
and accrue to the individual.
(d) No partial credit. Individuals attending classes shall receive credit only if they attend the entire class and pay
any training or continuing education course fees in full. The Commission shall not award partial credit for partial
attendance.
(e) Schedules. Dates and locations of available AFRED LP-gas training and continuing education classes can be
obtained in the Austin offices of AFRED, and on the Commissions web site at www.rrc.state.tx.us and shall be updated
at least monthly. AFRED classes shall be conducted in Austin and in other locations around the state. Individuals or
companies may request in writing that AFRED classes be taught in their area. AFRED shall schedule its classes and
locations at its discretion.
(f) Registering for a class.
(1) To register for a scheduled training or continuing education class, an individual shall complete the registration
form provided by AFRED and file the form with the AFRED training section prior to the class. AFRED shall also
accept class registrations via regular mail, electronic mail (e-mail), or facsimile transmission (fax); such requests
shall include the applicants full name, address, phone number, level (either manager or employee) and category of
certification (such as cylinder filling or service and installation), e-mail address, and the name or number, location,
and date of the requested class.
(2) Costs for classes.
(A) Each registration for a training class shall require the payment of the applicable nonrefundable class fee as
follows:
(ii) $150 for the initial 16-hour Category F, G, I, and J class; and
(B) The Category E, F, G, I, and J class fees do not include the management-level rules examination or
license fee described in 9.6 and 9.10 of this title (relating to Licenses and Fees, and Rules Examination,
respectively).
(C) Current certificate holders who have paid the annual renewal fee and who want to add a new certification
other than Category E, F, G, I, or J shall not be required to pay the $75 class fee.
(D) Continuing education classes shall be offered at no charge to certificate holders who have timely paid the
annual certificate renewal fee specified in 9.9 of this title (relating to Requirements for Certificate Renewal).
(E) Requests for classes where no training or continuing education class credit is given shall be submitted in
writing to the AFRED training section. The AFRED training section may conduct the requested classes at its
discretion. The nonrefundable fee for a non-credit class is $250 if no overnight expenses are incurred by the
AFRED training section, or $500 if overnight expenses are incurred. AFRED may waive the fee for a non-credit
class in cases where the Commission recovers the cost of the class from another source, such as a grant.
(F) AFRED may charge reasonable fees for materials for classes using third-party materials.
(3) AFRED shall schedule individuals to attend classes on a first-come, first-served basis, except as follows:
(A) Priority for attending the 16-hour Category F, G, I, and J class, and the 80-hour Category E class is based on
when the class fee is paid.
(B) Priority for attending classes other than the 16-hour Category F, G, I, and J class, and the 80-hour Category
E class shall be given to applicants or certificate holders who must comply with training or continuing
education requirements by the next May 31 deadline.
(C) If any class has fewer than eight individuals registered within seven calendar days prior to the class,
AFRED may cancel the class and may reschedule the registered individuals in another class agreed upon by the
individuals and the AFRED training section. The AFRED training section reserves the right to determine class
sizes for all classes.
(4) If a previously registered individual is unable to attend the class at the time and place for which the individual
is registered due to illness or other unforeseen circumstances, another individual from the same company may
attend that same class in his or her place.
(5) Applicants who take classes offered by an entity other than AFRED shall comply with the registration, fee, and
other requirements specified by that entity.
(g) Retention of records. Individual applicants or certificate holders shall be responsible for promptly notifying the
AFRED training section in writing of any discrepancies or errors in the training or continuing education records,
and shall notify AFRED of any discrepancies or errors in examination records or certification cards. In the event of
a discrepancy, AFREDs records, including due dates, shall be deemed correct unless the individual has copies of
applicable documents which clarify the discrepancy.
(A) Certificate holders who hold only a Category D, F, G, J, or K certificate as of the effective date of this
section shall have completed their initial continuing education requirement by May 31, 2005. Beginning
September 1, 2005, Category M and recreational vehicle technician certificate holders shall have completed
their initial continuing education requirement by May 31, 2006. Certificate holders who hold a Category D, F, G,
J, K, or M certificate or a recreational vehicle technician certificate and who have more than one certification
as of February 1, 2001, shall complete their continuing education requirement by the continuing education
deadline assigned for the initial certificate. Public employees who were certified as of June 1, 2006, shall have
completed their continuing education requirement by May 31, 2007.
68 - LP-Gas Safety Rules
x
x
Course
Hours
Dispenser Operations
x
Course Title
Course
Number
8
x
Bobtail Operations
AFT
1.1
8
x
2.1
8
x
x
8
x
x
Introduction to Propane
2.3
8
3.2
8
Residential Appliance Controls
3.1
3.3
8
3.5
x
3.7
3.8
Residential System Inspection
3.11
6.1
80
80
Category F, G, I, and J
Management Course
16
16
Course
Hours
80
16
Course
Number
1.1
2.1
2.3
3.1
3.2
3.3
3.5
3.7
3.8
3.11
80
16
AFT
Category F, G, I, and J
Management Course
Service &
Installation
Bobtail
DOT
Motor &
Cylinder Mobile Fuel
Filling
Dispensing
Bobtail Operations
Dispenser Operations
Introduction to Propane
Course Title
Appliance
Service
& Installation
Recreational
Vehicle
Category
D Mgmt.
Category
E Mgmt.
Category
F Mgmt.
Category
G Mgmt.
Category
I Mgmt.
Category
J Mgmt.
Category
K Mgmt.
Category
M Mgmt.
Credit
Hours1
Course
Number
x
x
x
8
Operating a Truck, Tank Trailer or Tractor/
Trailer to Deliver or Relocate ASME Tanks
CETP 2.4
8
Maintaining ASME Tanks
CETP 2.5
8
Maintaining DOT Cylinders
CETP 1.0
CETP 3.1
8
Operating Dispensing Equipment to Fill
Containers
CETP 3.2
8
Maintaining Bulk Plant Equipment
Delivery Basics
CETP 3.3
8
CETP 3.4
8
CETP 2.1
CETP 3.5
8
CETP 3.6
8
CETP 3.7
8
CETP 4.1
8
CETP 2.2
CETP 4.2
8
Appliance Installation
CETP 5.0
8
CETP 6.0
CETP 7.0
GAS Check
CETP 2.3
CETP 8.0
PERC GAS
Check
Credit hours may not equal the total number of course hours.
CETP 1.0
CETP 2.1
CETP 2.2
CETP 2.3
CETP 2.4
CETP 2.5
CETP 3.1
CETP 3.2
CETP 3.3
CETP 3.4
CETP 3.5
CETP 3.6
CETP 3.7
CETP 4.1
CETP 4.2
CETP 5.0
CETP 6.0
CETP 7.0
CETP 8.0
PERC GAS
Check
GAS Check
Appliance Installation
Delivery Basics
Course Title
Portable
Cylinder
Filling
Credit hours may not equal the total number of course hours.
Motor &
Mobile Fuel
Note: The CETP 2.4, 3.6, and 3.7 courses are not accepted by the Commission for continuing education credit.
Credit
Hours1
Course
Number
Bobtail
Service &
Installation
Appliance
Service &
Installation
Recreational
Vehicle
(B) Certificate holders who are certified to perform LP-gas activities covered by different certifications shall
complete the continuing education requirements for any one of the certifications held in order to maintain
active status. For each subsequent continuing education requirement, such individuals shall be responsible for
attending a different continuing education class relevant to one of the other certifications held.
(2) Certificate holders who attend a class offered by an outside instructor shall not be entitled to a refund of the
annual renewal fee or any other fees or penalties required by the Commission.
(3) Individuals who have not paid the annual certificate renewal fee, including general installers and repairman
exemption holders or members of the general public, shall not attend training or continuing education classes free
of charge, but may request from the AFRED training section to attend classes at the charge specified in 9.51 of this
title (relating to General Requirements for Training and Continuing Education). Such requests shall be in writing
and handled at AFREDs discretion on an individual basis and if space is available in the requested class.
(4) Any certificate holder who has timely paid the annual certificate renewal fee but is not otherwise required to
attend a Commission continuing education class may voluntarily attend a class, if space is available, by registering
with the AFRED training section as specified in 9.51 of this title (relating to General Requirements for Training
and Continuing Education).
(c) Adding a new certification. A current certificate holder who successfully completes an examination for an
additional certification that requires completion of a training course shall be assigned a training deadline pursuant to
subsection (a)(1) of this section. Upon completion of the required training, the certificate holder shall be assigned a
continuing education date pursuant to subsection (b) of this section.
(d) Train-the-Trainer classes. The Train-the-Trainer classes shall not count as credit towards the training or continuing
education requirements.
(e) Class materials. Individuals who attend AFRED-taught classes shall receive a copy of the class materials at no
charge. Additional copies may be purchased from AFRED at the established price.
(f) Certificates of completion. The AFRED training section shall issue a certificate of completion to each individual
who completes an AFRED-taught class. Individuals shall retain the certificates as proof of completion of the class.
(g) Advanced field training (AFT). Some classes may include AFT in addition to the classroom hours, during which
class attendees shall perform LP-gas activities. AFT shall be properly completed within 30 calendar days of attending
the class. All qualification tasks included in the AFT shall be completed. The AFT materials, including the qualification
checklist and the certification page, shall be readily available at the licensees Texas business location for review by an
authorized Commission representative during normal business hours.
(1) The responsibility of certifying AFT activities shall not be delegated to an unauthorized individual. AFT
qualification tasks shall be witnessed by an authorized individual, verified as being successfully completed, and the
AFT form signed as follows:
(A) For licensees with only one company representative, that company representative shall self-certify the AFT.
(B) For licensees with more than one company representative, one company representative may certify the
AFT of another company representative, but shall not self-certify.
LP-Gas Safety Rules - 73
(A) For a certified individual employed by a licensee, the licensee shall retain the most recently completed
AFT material for each applicable category of the individuals certification in the individuals employment
records.
(B) For an individual who ceases employment with a licensee, the licensee shall retain the latest required AFT
material for at least two years from the date the individual is no longer employed by the licensee. The twoyear period shall be based on the renewal period for the examination renewal fee penalty. The licensee shall
provide a copy of the AFT material to the individual.
(C) For an individual who begins employment with a different licensee, the new licensee shall obtain a copy
of the individuals AFT material from the individual and shall place the copy in the individuals employment
records.
(D) An individual who is never employed by a licensee shall retain the most recently completed AFT material
for each applicable category of the individuals certification in a safe location for at least two years from the
date the class that required the AFT was attended.
(E) For an individual who is employed by a licensee when a class requiring AFT is attended, but who prior to
the AFTs being certified becomes employed by a new licensee, the new licensee shall certify the individuals
AFT.
(F) For an individual who is employed by a licensee when a class requiring AFT is attended, but who prior
to the AFTs being certified ceases employment with the licensee and wishes to continue performing LP-gas
activities, the individual shall contact a company representative or operations supervisor of another applicable
licensee or an AFRED-approved outside instructor to complete the AFT and maintain the LP-gas certification.
(3) Individuals who attend the 80-hour Category E management-level class or the 16-hour Category F, G, I, and J
management-level class shall perform any required AFT activities during the class.
(4) If AFT is required for a class, the AFT checklist outlining the specific activities to be performed shall be
included in the class materials.
(5) A certified individual is exempt from the AFT requirement of a continuing education course if the individual
has previously completed that same course, including the AFT.
(h) Available courses. Training and continuing education courses and other information are shown in Tables 1 through
4 of this subsection. Items on the tables marked with an x indicate courses that meet training or continuing education
74 - LP-Gas Safety Rules
(A) the individuals full name, address, telephone number, Social Security number;
(C) the CETP class date and a readable copy of the CETP class certificate for an approved CETP class as
specified in Tables 3 and 4 of subsection (h) of this section. The CETP class attendance date shall be within
one year of the certificate holders continuing education deadline.
(4) AFRED shall review the submitted material within 30 business days of receipt and shall notify the certificate
holder in writing that the request is approved, denied, or incomplete. If the material is incomplete, AFRED shall
identify the necessary additional information required. The certificate holder shall file the additional information
within 30 calendar days of the date of a notice of deficiency in order to receive credit for the CETP course
attendance. Certificate holders requesting credit for CETP class attendance shall submit such requests to allow
processing time so that a request is finally approved by May 31 in order for the certificate holder to receive credit
toward that deadline.
(B) Authorized Category E outside instructors may offer only the applicable training and continuing education
classes to Category D or K management-level applicants and to portable cylinder filling, motor/mobile fuel
dispenser, bobtail, service and installation, and appliance service and installation applicants and employeelevel certificate holders.
(C) Authorized Category I outside instructors may offer only the applicable training and continuing education
classes to Category F, G, I, and J management-level certificate holders and DOT cylinder filling and motor/
mobile fuel dispenser applicants and employee-level certificate holders.
(D) Authorized Category M outside instructors may offer only the applicable training and continuing education
classes to Category M management-level applicants and recreational vehicle technician employee-level
applicants or certificate holders.
(2) LP-gas companies may offer courses to their own personnel and to other companies personnel provided that
the LP-gas company and the outside instructor comply with the requirements of this section.
(3) All curriculum and course materials submitted for AFRED review by an outside instructor applicant shall be
printed or typewritten, organized, and easily readable, and shall remain confidential within the limits of Tex. Govt
Code, Chapter 552 (Public Information Act).
(4) Copies of the AFREDs curricula and materials are available from AFRED at a reasonable cost.
(b) Application process. Outside instructor applicants shall submit the following to AFRED:
(1) a non-refundable $300 registration fee for each outside instructor;
(2) a copy of the applicants Category D, E, I, or M current certification card or, in the case of Category D only, a
copy of the master or journeyman plumber/class A or B registration/examination exemption certificate issued by
AFRED;
(3) for each course the outside instructor applicant intends to teach:
(A) the curriculum for and a description of the course;
(B) the course materials and related supporting information or a statement that the instructor will use AFRED
course materials;
(C) a statement specifying whether the outside instructor seeks approval to certify any AFT described in 9.52
of this title (relating to training and continuing education courses);
(4) proof that the outside instructor applicant has experience, during at least three of the four years prior to the
date of filing the application, in both:
(A) failed to meet or maintain AFRED requirements for outside instructor approval;
(B) failed to deliver a course as approved, including failure to follow the approved curriculum, to use the
approved course materials, or to deliver the requisite numbers of hours of instruction; or
(C) engaged in other conduct, including the use of language, that created an atmosphere not conducive
to learning. Such conduct includes but is not limited to demeaning, derogating, or stereotyping women or
men, disabled persons, members of any political, religious, racial, or ethnic group, or a particular individual,
organization, or product.
(2) Upon receipt of a complaint and at its discretion, AFRED may gather any additional information necessary
or appropriate to making a full and complete analysis of the complaint. AFRED shall deliver a written copy of the
analysis and any findings by certified mail to the outside instructor who is the subject of the complaint. The outside
instructor may file a written response within 20 calendar days from the date the findings are postmarked.
(3) If AFRED determines that an outside instructor has engaged in conduct prohibited by this section, AFRED may
prepare a report that states the facts on which the determination is based and the recommendation as to the action
AFRED intends to take. AFRED may issue a written warning to the outside instructor; decline to approve or renew
the outside instructors approval; or revoke the outside instructors approval.
(4) AFRED shall mail a copy of the report and recommendation to the outside instructor by certified mail and
shall include a statement that the outside instructor has a right to a hearing on the determination contained in the
report.
(5) Within 20 calendar days after the date the notice is postmarked, the outside instructor shall file a
written response either accepting the determination and recommended action or requesting a hearing on the
determination.
(6) If the outside instructor accepts the determination, he or she shall notify AFRED in writing of the acceptance,
and AFRED shall take the action indicated in the report.
(7) If an outside instructor requests a hearing or fails to respond timely to the notice given under paragraph (5)
of this subsection, the AFRED director shall refer the matter to the Office of General Counsel for the setting of a
hearing. The Office of General Counsel shall assign an examiner to conduct a hearing, which shall be conducted
under the Commissions General Rules of Practice and Procedure, Chapter 1 of this title (relating to Practice and
Procedure).
(8) Following the hearing, the Commission may enter an order finding that the outside instructor has violated
Commission rules or that no violation has occurred; and may make any other finding based on the evidence in the
record.
(9) If the outside instructor does not comply with the order of the Commission, and if the enforcement of the
Commissions order is not stayed, then the Office of General Counsel may refer the matter to the attorney general
for enforcement of the Commissions order.
(b) Commercial installations with an aggregate water capacity of less than 10,000 gallons.
(1) Within 30 calendar days following the completion of a container installation, the licensee shall submit LPG
Form 501 to LP-Gas Operations stating:
(A) the installation is in total compliance with the statutes and LP-Gas Safety Rules;
(B) all necessary LP-gas licenses and certificates have been issued; and
(C) the date the installation has been placed into LP-gas service.
(2) Pay a nonrefundable fee of $10 for each LP-gas container, including cylinders, each retail LP-gas cylinder
exchange storage rack, and each forklift cylinder exchange rack or a forklift cylinder exchange installation
where a storage rack is not installed that is listed on the form. A nonrefundable $35 fee shall be required for any
resubmission.
(3) LP-Gas Operations shall review the submitted information within 21 business days of receipt of all required
information and shall notify the applicant in writing of any deficiencies. LP-gas operations may commence prior to
the submission of LPG Form 501 if the facility is in compliance with the LP-Gas Safety Rules.
(c) Aggregate water capacity of 10,000 gallons or more.
(1) For installations with an aggregate water capacity of 10,000 gallons or more, the licensee shall submit the
following information to LP-Gas Operations at least 30 days prior to construction if the applicant is required to give
notice as described in 9.102 of this title (relating to Notice of Stationary LP-Gas Installations):
(ii) the names of all real property owners within 500 feet; and
(iii) a 500-foot radius measured from the proposed container location on the site.
(i) the location, types, and sizes of all containers already on site or proposed to be on site;
(ii) the distances from the containers and the transfer system to the property lines, buildings, and
railroad, pipeline, or roadway rights-of-way;
(vii) location of any electrically operated material handling equipment such as pumps or compressors; and
(E) If the facility is accessed from a public highway under the jurisdiction of the Texas Department of
Transportation, a statement or permit from the Texas Department of Transportation showing that the driveway
is of proper design and construction to allow safe entry and egress of the LP-gas transports.
(F) pay a nonrefundable fee of $50 for the initial application. A nonrefundable $30 fee shall be required for any
resubmission.
(2) In addition to NFPA 58, 6.5.4, prior to the installation of any individual LP-gas container, LP-Gas Operations
shall determine whether the proposed installation constitutes a danger to the public health, safety, and welfare.
(A) LP-Gas Operations may impose restrictions or conditions on the proposed LP-gas installation based on one
or more of the following factors:
(i) nature and density of the population or occupancy of structures within 500 feet of the proposed or
existing container locations;
(ii) nature of use of property located within 500 feet of the LP-gas installation;
(iii) nature and volume of vehicular traffic within 500 feet of the proposed container;
(iv) type and number of roadways within 500 feet of the proposed container;
(vii) existence of dangerous or combustible materials in the area that might be affected by an emergency
situation;
(viii) any other factors material to the public health, safety, and welfare.
(B) The Commission does not consider public health, safety, and welfare to include such factors as the value of
property adjacent to the installation, the esthetics of the proposed installation, or similar considerations.
(3) If an LP-gas stationary installation, equipment, or appurtenances not specifically covered by the LP-Gas Safety
Rules has been or will be installed, LP-Gas Operations shall apply and require any reasonable safety provisions to
LP-Gas Safety Rules - 81
ensure the LP-gas installation is safe for LP-gas service. If the affected entity disagrees with LP-Gas Operations
determination, the entity may request a hearing. The installation shall not be placed into LP-gas operation until
LP-Gas Operations has determined that the installation is safe for LP-gas service.
(4) LP-Gas Operations shall notify the applicant in writing outlining its findings. If the application is
administratively denied, the applicant may modify the submission and resubmit it or request a hearing on the
matter in accordance with Chapter 1 of this title (relating to Practice and Procedure).
(5) The licensee shall not commence construction until notice is received from LP-Gas Operations. Upon
completion of a field inspection as specified in 9.109 of this title (relating to Physical Inspection of Stationary LPGas Installations), the operator, pending the inspection findings, may commence LP-gas operations of the facility.
(6) If the subject installation is not completed within one year from the date of LP-Gas Operations completed
review, the requirements of this subsection shall be resubmitted for LP-Gas Operations review.
(d) An applicant or operator shall not be required to submit LPG Form 500, LPG Form 500A, or a site plan prior to the
installation of bulkheads, swivel-type piping, breakaway devices, pneumatically-operated internal valves, or emergency
shutoff valves, or when maintenance and improvements are being made to the piping system at an existing LP-gas
installation with a capacity of 10,000 gallons or more.
(e) If a licensee is replacing a container with the same or less overall length and diameter, installed in the identical
location of the existing container, the licensee shall file LPG Form 500.
(f)In addition, LP-Gas Operations may request LPG Form 8, a Manufacturers Data Report, or any other documentation
or information pertinent to the installation in order to determine compliance with the LP-Gas Safety Rules.
(c) An applicant shall not be required to give notice for installations at hot-mix plants where LP-gas containers of
10,000 gallons aggregate water capacity or more are used as fuel storage supply for asphalt heating provided that:
(1) the applicant submits proof that such hot-mix operations will not exceed two years at the specified location;
and
(2) the applicant has obtained approval from the fire marshal if the operations are within a citys limits or
extraterritorial jurisdiction.
(b) Aggregate water capacity of less than 10,000 gallons. After receipt of LPG Form 501, LP-Gas Operations shall
conduct an inspection as soon as possible to verify that the installation described is in compliance with the LP-Gas
Safety Rules. The facility may be operated prior to inspection if it is in compliance with the LP-Gas Safety Rules. If any
LP-gas statute or safety rule violation exists at the time of the first inspection at a commercial installation, the subject
container, including any piping, appliances, appurtenances, or equipment connected to it may be immediately removed
from LP-gas service until the violations are corrected.
(c) Material variances. If LP-Gas Operations determines the completed installation varies materially from the
application originally accepted, correction of the variance and notification to LP-Gas Operations or resubmission of the
application is required. The review of such resubmitted application shall comply with 9.101 of this title (relating to
Filings Required for Stationary LP-Gas Installations).
(d) In the event an applicant has requested an inspection and LP-Gas Operations inspection identifies violations
requiring modifications by the applicant, LP-Gas Operations shall consider the assessment of an inspection fee to cover
the costs associated with any additional inspection, including mileage and per diem rates set by the legislature.
9.113 Maintenance
All LP gas storage containers, valves, dispensers, accessories, piping, transfer equipment, gas utilization equipment,
and appliances shall be maintained in safe working order and in accordance with the manufacturers instructions and
the LP Gas Safety Rules. If any one of the LP gas storage containers, valves, dispensers, accessories, piping, transfer
equipment, gas utilization equipment, and appliances is not in safe working order, LP-Gas Operations may require that
the installation be immediately removed from LP gas service and not be operated until the necessary repairs have been
made.
laboratory equipped for and experienced in testing of odorization and, if requested, a copy of the test results shall be
provided to LP-Gas Operations.
(c) The person or facility odorizing the gas or the operator of an automatic loading rack shall be responsible for the
odorization.
(3) it is used and in compliance with any NFPA standard adopted by the Commission.
(b) Appurtenances and equipment that cannot be listed but are not prohibited for use by the LP-Gas Safety Rules or
the manufacturers instructions shall be acceptable for LP-gas service, provided the appurtenances and equipment are
installed in compliance with the applicable LP-Gas Safety Rules.
(c) The licensee or operator of the appurtenances or the equipment shall maintain documentation sufficient to
substantiate any claims regarding the safety of any valves, fittings, and equipment and shall, upon request, furnish
copies to LP-Gas Operations.
(e) Nameplates on containers built on or after September 1, 1984, shall be stainless steel and permanently attached
to the container by continuous fusion welding around the perimeter of the nameplate, and shall be stamped or etched
with the following information in characters at least 5/32 inch high:
(1) service for which the container is designed (underground, aboveground, or both);
(2) name and address of container supplier or trade name of container;
(12) minimum design metal temperature ______ F degrees at MAWP _______ psi;
(f) Any replacement nameplate issued by an original container manufacturer for containers constructed prior to
September 1, 1984, shall be stainless steel and shall be affixed in accordance with ASME Code. The owner or operator of
the container shall ensure that a copy of LPG Form 8 is filed with LP-Gas Operations when a replacement nameplate is
affixed.
(g) Nameplates on LP-gas motor or mobile fuel tanks shall be permanently attached in a manner which will minimize
corrosion of the nameplate or its fastening means and not contribute to corrosion of the container. If the nameplate is
not continuously welded to the container, then it shall be raised at least 1/4 inch but no more than 1/2 inch from the
containers surface.
(h) In addition to a container nameplate, underground containers shall have a system nameplate permanently attached
to the system in a location that will be readily accessible for inspection when the containers are buried. Where the
container is buried, mounded, insulated, or otherwise covered so the nameplate is obscured, a duplicate nameplate shall
be installed in a clearly visible and accessible location.
(i) LP-Gas Operations may remove a container from LP-gas service or require ASME acceptance of a container at any
time if LP-Gas Operations determines that the nameplate, in any form defined in subsection (a)(1) - (4) of this section,
is loose, unreadable, or detached, or if it appears to be tampered with or damaged in any way and does not contain at a
minimum the items defined in subsection (d) of this section.
(E) if a photograph cannot clearly depict the lettering on the nameplate, a pencil rubbing of the nameplate
shall be submitted.
(2) LP-Gas Operations shall review LPG Form 502 and the supporting documentation. LP-Gas Operations shall have
the manufacturers data report on file for the container or the licensee shall provide a copy to LP-Gas Operations.
The Commission identification nameplate shall not be issued unless the manufacturers data report is reviewed.
Upon review of submitted documents and confirmation of the manufacturers data report, LP-Gas Operations shall
mail a letter to the owner or operator of the container stating the estimated costs, which will be based on the
following:
(A) actual cost of the nameplate itself, including adhesive and other materials necessary to attach the
nameplate; and
(B) projected travel costs for the Commission employee performing the inspection and/or attachment of the
nameplate, at a cost of $60 plus the mileage and rate from Austin as set by the official state travel mileage
chart.
(3) The owner or operator of the container shall pay the total estimated costs to LP-Gas Operations before LP-Gas
Operations will proceed. Within 15 business days of receipt of all required documents and fees, LP-Gas Operations
shall:
(A) verify that it has continuous documentation for the container, showing the container in LP-gas service in
Texas prior to September 1, 1984;
(B) inspect the container to ensure that the container is not dented, pitted, or otherwise damaged, and
complies with other applicable LP-Gas Safety Rules, unless additional time is necessary as determined by the
LP-Gas Operations director; and
(C) advise the owner or operator that the container shall be tested if it appears to be pitted or otherwise
damaged.
(i) If the owner or operator refuses to test the container, it shall be removed from service within 10
calendar days of the date of inspection.
(ii) If the container passes the test, LP-Gas Operations shall proceed with the attachment of the
nameplate.
(D) Within the 15-day period, LP-Gas Operations shall notify the applicant in writing, in clear and specific
language, of the outcome of LP-Gas Operations review.
(4) Following LP-Gas Operations review of any required tests and payment of all other amounts due in addition to
the previously-paid estimated costs, and when all requirements have been met, LP-Gas Operations shall issue an
identification nameplate for the container.
(5) The Commission identification nameplate shall be stainless steel, stamped or etched with the Commissions
mark or symbol, and attached by a Commission employee using an adhesive material. Nameplates shall include the
wording and information as follows:
(d) If at any time during the Commission identification nameplate request or approval process, the original ASME
nameplate becomes completely unreadable or detached, the owner or operator of the container shall immediately
remove the container from service and no Commission identification nameplate shall be issued or attached. In
addition, LP-Gas Operations may remove such a container from service as specified in 9.129(i) of this title (relating to
Manufacturers Nameplate and Markings on ASME Containers).
(e) If the Commission employee finds upon inspection of a container prior to the attachment of the Commission
identification nameplate that the container does not pass inspection, for whatever reason, the inspector shall not attach
the nameplate, but shall return the nameplate and all paperwork to the Commissions Austin office.
(f) Fees charged for the Commission identification nameplate are nonrefundable except as described in this subsection.
The cost of the nameplate is refundable only if the Commission employee finds upon actual inspection of the container
that the original nameplate has become totally detached or unreadable, or that the container is pitted, dented, or
otherwise damaged, therefore prohibiting attachment of the nameplate. The fees charged relating to LP-Gas Operations
travel and research costs will be refunded only if LP-Gas Operations research shows that the nameplate cannot be
issued. Otherwise, these fees will be nonrefundable if these activities have taken place before the Commission employee
inspects a container and finds that a nameplate cannot be issued.
has been installed according to the LP-Gas Safety Rules, and filed a properly-completed LPG Form 22 with LP-Gas
Operations, identifying the unlicensed person who installed the LP-gas piping.
required to comply with the fencing and guard railing requirements in subsections (b) and (d) of this section. The
fencing and guard railing requirements also do not apply to the following:
(1) LP-gas systems and containers located at private residences;
(2) LP-gas systems and containers which service vapor systems where the aggregate storage capacity of the
installation is less than 4,001 gallons, unless the LP-gas system, transfer system, or container is subject to tampering
or vehicular traffic;
(3) LP-gas piping which contains no valves and which complies with all other applicable LP-Gas Safety Rules; and
(4) LP-gas storage containers located on a rural consumers property from which motor or mobile fuel containers
are filled.
(b) In addition to NFPA 58, 6.18.4.2, 6.19.3.2, 6.24.3.7, 7.2.3.8, 8.2.1.1, and 8.4.2.1, fencing at LP-gas installations shall
comply with the following:
(1) Fencing material shall be chain link with wire at least 12 1/2 American wire gauge in size, or industrial-type
fencing, or material providing equivalent protection as determined by LP-Gas Operations.
(2) Fencing shall be at least six feet in height at all points.
(3) Uprights, braces, and cornerposts of the fence shall be composed of noncombustible material.
(4) Gates in fences where bulkheads are installed shall be located directly in front of the bulkhead. Gates shall be
locked whenever the area enclosed is unattended. Gate posts on gates installed directly in front of the bulkhead
shall be located at 45-degree angles to the nearest corner of the bulkhead. There shall be at least two means
of emergency access from the fenced enclosure. If guard service is provided, it shall be extended to the LP-gas
installation. Guard service shall be properly trained as set forth in 9.51(b)(4) of this title (relating to General
Requirements for Training and Continuing Education). However, if a fenced area is not larger than 100 square feet
in area, the point of transfer is within three feet of a gate, and any containers being filled are not located within the
enclosure, a second gate shall not be required.
(5) Clearance of at least three feet shall be maintained between the fencing and the container and the entire
transfer system.
(6) Fencing which is located more than 25 feet from any point of an LP-gas transfer system or container shall be
designated as perimeter fencing. If an LP-gas transfer system or container is located inside perimeter fencing
and is subject to vehicular traffic, it shall be protected against damage according to the specifications set forth in
subsection (d) of this section.
(7) The operating end of a container, including the entire transfer system, shall be completely enclosed by fencing.
(c) Containers which are exempt from the fencing requirements include:
(1) ASME containers or manual dispensers originally manufactured to or modified to be considered by LP-Gas
Operations as self-contained units. Self-contained units shall be protected as specified in subsection (d) of this
section;
(2) DOT portable or forklift containers in storage racks or at single family dwellings used as private residences; and
(3) DOT portable or forklift containers that have been used in LP-gas service but are not awaiting use or resale.
(d) In addition to NFPA 58, 6.6.1.2, 6.6.6.1(a)-(d), 6.6.6.2(6), 6.18.4.2, 6.24.3.12, and 8.4.2, guardrails at LP-gas
installations, except as noted in subsection (a) of this section, shall comply with the following:
(1) In addition to NFPA 58 6.18.4.2(c), where fencing is not used to protect the installation as specified
in subsection (b) of this section, locks for the valves or other suitable means shall be provided to prevent
unauthorized withdrawal of LP-gas, and guardrailing specified in paragraphs (2)-(6) of this subsection, or
protection considered by LP-Gas Operations to be equivalent, shall be required.
(2) Vertical supports for guardrails shall be at least three-inch schedule 40 steel pipe or other material with equal
or greater strength. The vertical supports shall be capped on the top or otherwise protected to prevent the entrance
of water or debris into the guardpost; anchored in concrete at least 18 inches below the ground; and rise at least 30
inches above the ground. Supports shall be spaced four feet apart or less.
(3) The top of the horizontal guardrailing shall be secured to the vertical supports at least 30 inches above the
ground. The horizontal guardrailing shall be at least three-inch schedule 40 steel pipe or other material with equal
or greater strength. The horizontal guardrailing shall be capped on the ends or otherwise protected to prevent the
entrance of water or debris into the guardpost; and welded or bolted to the vertical supports with bolts of sufficient
size and strength to prevent damage to the protected equipment under normal conditions, including the nature of
the traffic to which the protected equipment is subjected.
(4) Openings in horizontal guardrailing, except the opening that is permitted directly in front of a bulkhead,
shall not exceed three feet. Only one opening is allowed on each side of the guardrailing. A means of temporarily
removing the horizontal guardrailing and vertical supports to facilitate the handling of heavy equipment may be
incorporated into the horizontal guardrailing and vertical supports. In no case shall the protection provided by the
horizontal guardrailing and vertical supports be decreased. Transfer hoses from the bulkhead shall be routed only
through the 45-degree opening in front of the bulkhead or over the horizontal guardrailing.
(5) Clearance of at least three feet shall be maintained between the railing and any part of an LP-gas transfer
system or container or clearance of two feet for retail cylinder filling or service station installations. The two posts
at the ends of any railing which protects a bulkhead shall be located a minimum of 24 and a maximum of 36 inches
at 45-degree angles to the nearest corner of the bulkhead.
(6) The operating end of the container and any part of the LP-gas transfer system or container which is exposed
to collision damage or vehicular traffic shall be protected from this type of damage. The protection shall extend at
least three feet beyond any part of the LP-gas transfer system or container which is exposed to collision damage or
vehicular traffic.
94 - LP-Gas Safety Rules
(e) A combination of fencing and guardrails specified in subsections (b) and (d) of this section shall not result in less
protection than using either fencing or guardrails alone.
(f) If exceptional circumstances exist or will exist at an installation which would require additional protection such as
larger-diameter guardrailing, then the licensee or operator shall install such additional protection. In addition, LPGas Operations at its own discretion may require an installation to be protected with added safeguards to adequately
protect the health, safety, and welfare of the general public. LP-Gas Operations shall notify the person in writing of the
additional protection needed and shall establish a reasonable time period during which the additional protection shall
be installed. The licensee shall ensure that any necessary extra protection is installed. If a person owning or operating
such an installation disagrees with LP-Gas Operations determination made under this subsection, that person may
request a public hearing on the matter. The installation shall either be protected in the manner prescribed by LP-Gas
Operations or removed from service with all product withdrawn from it until LP-Gas Operations final decision.
(g) In addition to NFPA 58 5.2.8.1, LP-gas installations shall comply with the sign and lettering requirements specified
in Table 1 of this section. An asterisk indicates that the requirement applies to the equipment or location listed in that
column.
Figure: 16 TAC 9.140(g)
9.140. Uniform Protection Standards -- Table 1 (Revised February 2008)
Requirements
Self-service
Dispenser
Area
Any Licensee
Installation (DOT
Container Filling
and/or Service
Station Only)
(1) Unless colors are specified, lettering shall be in a color that sharply contrasts to the background color of the
sign, and shall be readily visible to the public.
(2) Items 1, 2, and 3 in Table 1 may be combined on one sign.
(3) Items 1, 2, and 3 in the column entitled Licensee or Non-Licensee ASME 4001+ Gal. A.W.C. in Table 1 apply
to installations with 4,001 gallons or more aggregate water capacity protected only by guardrailing as required in
subsection (d) of this section, and bulkheads as required by 9.143 of this title (relating to Bulkhead, Internal
Valve, API 607 Ball Valve, and ESV Protection for Stationary LP-Gas Installations with Individual or Aggregate Water
Capacities of 4,001 Gallons or More) for commercial, bulk storage, cylinder filling, or forklift installations.
(4) Item 11 in the column entitled Requirements in Table 1 applies to facilities which have two or more
containers.
(5) Item 13 in the column entitled Requirements in Table 1 applies to outlets where an LP-gas certified employee
is responsible for the LP-gas activities at that outlet, when a licensees employee is the operations supervisor at
more than one outlet as required by 9.17(a) of this title (relating to Designation and Responsibilities of Company
Representative and Operations Supervisor).
(6) Any information in Table 1 of this subsection required for an underground container shall be mounted on a sign
posted within 15 feet horizontally of the manway or the container shroud.
(7) Licensees and non-licensees shall comply with operational and/or procedural actions specified by the signage
requirements of this section.
(B) be answered by a person who is knowledgeable of the hazards of LP-gas and who has comprehensive LPgas emergency response and incident information, or has immediate access to a person who possesses such
knowledge and information. A telephone number that requires a call back (such as an answering service,
answering machine, or beeper device) does not meet the requirements of this section.
(h) Storage racks used to store nominal 20-pound DOT portable or any size forklift containers shall be protected against
vehicular damage by:
(A) effective February 1, 2008, for new installations, the guard posts are installed a minimum of 18 inches
from each storage rack and consist of at least three-inch schedule 40 steel pipe, capped on top or otherwise
protected to prevent the entrance of water or debris into the guard post, no more than four feet apart, and
anchored in concrete at least 30 inches below ground and rising at least 30 inches above the ground; or
(B) effective February 1, 2008, for new installations, the guard posts are installed a minimum of 18 inches from
each storage rack and are constructed of at least four-inch schedule 40 steel pipe capped on top or otherwise
protected to prevent the entrance of water or debris into the guard post, and attached by welding to a minimum
8-inch by 8-inch steel plate at least 1/2 inch thick. The guard posts and steel plate shall be permanently
installed and securely anchored to a concrete driveway or concrete parking area.
(A) the cylinder storage rack is located a minimum of 48 inches behind a concrete curb or concrete wheel stop
that is a minimum of five inches in height above the grade of the driveway or parking area;
(B) if the requirements of subparagraph (A) cannot be met, the cylinder storage rack must be installed a
minimum of 48 inches behind a concrete curb or concrete wheel stop that is a minimum of four inches in height
above the grade of the driveway or parking area, and a concrete wheel stop at least four inches in height must
be installed at least 12 inches from the curb or first wheel stop;
(4) All parking wheel stops and cylinder storage racks in paragraph (3) of this subsection must be secured against
displacement.
(i) Self-service dispensers shall be protected against vehicular damage by:
(2) guard posts that comply with subsection (d)(2) of this section; or
(3) where routine traffic patterns expose only the approach end of the dispenser to vehicular damage, support
columns, concrete barriers, bollards, inverted U-shaped guard posts anchored in concrete, or other protection
acceptable to LP-Gas Operations, provided:
(A) such protection extends beyond the framework of the dispenser; and
(B) at least 24 inches of clearance is maintained between the approach end of the dispenser and the protective
barrier.
(4) Self-service dispensers utilizing protection specified in paragraphs (2)-(3) of this subsection shall be connected
to supply piping by a device designed to prevent the loss of LP-gas in the event the dispenser is displaced. The
device must retain liquid on both sides of the breakaway point and be installed in a manner to protect the supply
piping against damage.
remain open as long as the locking handle on the transfer hose remains locked until the transfer hose is properly
connected. If a ball-type shutoff valve two inches or larger in size does not have a locking handle, the main liquid and/or
vapor valves or main shutoff valves on the stationary container shall remain closed at all times and shall not be opened
until the transfer hose is properly connected or disconnected.
(d) Pumps. A retail operated DOT portable container filling installation and/or service station installation shall be
equipped with a pump.
(e) In addition to NFPA 58, 5.2.8.1, all containers shall be numbered in accordance with the requirements set forth in
Table 1 of 9.140 of this title (relating to Uniform Protection Standards).
(f) In addition to NFPA 58, 6.4.7, no canopies or coverings are allowed over any LP-gas container or over loading and
unloading areas where LP-gas transport transfer operations are performed. Non-combustible wind breaks and other
weather protection may be installed to provide employees and customers protection against the elements of weather,
but shall not be installed over any portion of an LP-gas container.
(g) Any container that may have contained product other than LP-gas shall be thoroughly cleaned and purged prior to
introducing LP-gas into such container. Only grades of LP-gas determined to be noncorrosive may be introduced into any
container. LP-gas may not contain anhydrous ammonia, hydrogen sulfide, or any other contaminant.
(1) If it is known or suspected that the LP-gas has been or may be contaminated, the person responsible for the
contamination shall have one or more of the tests contained in Liquefied Petroleum Gas Specifications for Test
Methods, Gas Processors Association (GPA) 2140 performed by a testing laboratory or individual qualified to
perform the tests. LP-Gas Operations may request information necessary to determine the qualification of any
testing laboratory or individual.
(2) The results of the tests shall certify whether the LP-gas is contaminated or corrosive, whether the use of the LPgas in the containers will damage either the stationary or non-stationary containers or the container valves, fittings,
or appurtenances, or whether the contaminated product or container or container valves, fittings, or appurtenance
will endanger the health, safety, and welfare of the general public.
(3) Based on the results of the tests, LP-Gas Operations may require that the LP-gas be removed immediately from
the container or that the container be removed immediately from LP-gas service.
(h) A container designed for underground installation only shall not contain liquid fuel at any time the container is
aboveground or uncovered.
(1) An LP-gas liquid dispensing installation other than a retail operated DOT portable container filling/service
station installation is not required to have a pump, provided that the storage containers are located one and one
half times the required distances specified in NFPA 58, 6.2.2, or a minimum distance of 15 feet if the storage
container is less than 125 gallons water capacity.
(2) Any LP-gas container constructed prior to 1970 which has an odd-numbered water gallon capacity (for example,
517 water gallons instead of 500 water gallons) that is not more than 5.0% greater than the standard water gallon
capacity may be installed utilizing the minimum distance requirement based on the standard water gallon capacity.
9.143 Bulkhead, Internal Valve, API 607 Ball Valves, and ESV Protection
for Stationary LP-Gas Installations With Individual or Aggregate Water
Capacities of 4,001 Gallons or More
(a) Instead of NFPA 58, 6.6.12, effective February 1, 2001, new stationary LP-gas installations with individual or
aggregate water capacities of 4,001 gallons or more, including licensee and nonlicensee locations, shall install a vertical
bulkhead, and for all container openings 1 1/4 inches or greater, pneumatically-operated emergency shutoff valves
(ESV), pneumatically-operated internal valves, or pneumatically-operated API 607 ball valves as required in this
section and in the table in 9.403 of this title (relating to Sections in NFPA 58 Not Adopted by Reference, and Adopted
With Changes or Additional Requirements) for NFPA 58, 6.11.1. In lieu of a pneumatically-operated internal valve
or a pneumatically-operated ESV, a backflow check valve may be installed where the flow is in one direction into the
container. The backflow check valve shall have a metal-to-metal seat or a primary resilient seat with metal backup, not
hinged with combustible material, and shall be designed for this specific application.
(1) The pneumatic ESV and/or backflow check valves shall be installed in the fixed piping of the transfer system
upstream of the bulkhead and within four feet of the bulkhead with a stainless steel flexible wire-braided hose not
more than 36 inches long installed between the ESV and the bulkhead.
(2) The ESV shall be installed in the piping so that any break resulting from a pull away will occur on the hose
or swivel-type piping side of the connection while retaining intact the valves and piping on the storage side of
the connection and will activate the ESV at the bulkhead and the internal valves, ESV, and API 607 ball valves at
the container or containers. Provisions for anchorage and breakaway shall be provided on the cargo tank side for
transfer from a railroad tank car directly into a cargo tank. Such anchorage shall not be required from the tank car
side.
(3) Pneumatically-operated ESV, internal valves, and API 607 ball valves shall be equipped for automatic shutoff
using thermal (fire) actuation where the thermal element is located within five feet (1.5 meters) of the ESV,
internal valves, and/or API 607 ball valves. Temperature sensitive elements shall not be painted nor shall they have
any ornamental finishes applied after manufacture.
(4) Internal valves, ESVs, and backflow check valves shall be tested annually for working order. The results of the
tests shall be documented in writing and kept in a readily accessible location for one year following the performed
tests.
(5) Pneumatically-operated internal valves, ESV, and API 607 ball valves shall be interconnected and incorporated
into at least one remote operating system.
(b) In addition to NFPA 58 5.9.6, within two years of February 1, 2001, or by February 1, 2003, at the latest, stationary
LP-gas installations in existence as of February 1, 2001, with individual or aggregate water capacities of 4,001 gallons or
more, including licensee and nonlicensee locations, or railroad tank car transfer systems to fill trucks with no stationary
storage involved, which do not have a bulkhead, ESV, and/or backflow check valves where the flow is in one direction
into the container shall install vertical bulkheads, pneumatic ESV and/or backflow check valves where the flow is in one
direction into the container.
(c) Existing installations which have horizontal bulkheads and cable-actuated ESV shall comply with the following:
(1) If the horizontal bulkhead requires replacement, it shall be replaced with a vertical bulkhead;
(2) If a cable-actuated ESV requires replacement, it shall be replaced with a pneumatically operated ESV;
(3) If the horizontal bulkhead or a backflow check valve or a cable-actuated ESV are moved from their original
location to another location, no matter what the distance from the original location, then the installation shall
comply with the requirements for a vertical bulkhead and pneumatically operated ESV;
(4) All cable-actuated ESV shall be replaced with pneumatically-operated ESV by January 1, 2011.
(d) Bulkheads, whether horizontal or vertical, shall comply with the following requirements:
(1) Bulkheads shall be installed for both liquid and vapor return piping;
(2) No more than two transfer hoses shall be attached to a pipe riser. If two hoses are simultaneously connected
to one or two transports, the use of the two hoses shall not prevent the activation of the ESV in the event of a pull
away;
(3) Both liquid and vapor transfer hoses shall be plugged or capped;
(4) Bulkheads shall be located at least 10 feet from any aboveground container or containers and a minimum of 10
feet horizontally from any portion of a container or valve exposed aboveground on any underground or mounded
container. If the 10-foot distance cannot be obtained, the licensee or nonlicensee shall inform the Safety Division
(the Division) in writing and include all necessary information. The Division may grant administrative distance
variances to a minimum distance of five feet. If the licensee or nonlicensee requests that the bulkhead be closer
than five feet to the container or containers, the licensee or nonlicensee shall apply for an exception to a safety rule
as specified in 9.27 of this title (relating to Application for an Exception to a Safety Rule);
(5) Horizontal bulkheads shall not be converted to vertical bulkheads;
(6) Bulkheads shall be anchored in reinforced concrete to prevent displacement of the bulkhead, piping, and
fittings in the event of a pullaway;
(7) Bulkheads shall be constructed by welding using the following materials or materials with equal or greater
strength, as shown in the diagram.
(C) The top crossmember of a vertical bulkhead shall be six-inch standard weight steel channel iron. The
channel iron shall be installed so the channel portion is pointing downward to prevent accumulation of water or
other debris. The height of the top crossmember above ground shall not result in torsional stress on the vertical
supports of the bulkhead in the event of a pullaway;
(D) The kick plate shall be at least 1/4 inch steel plate installed at least 10 inches from the top of the bulkhead
crossmember. A kick plate is not required if the crossmember is constructed to prevent torsional stress from
being placed on the piping to the pipe risers;
(E) Either a schedule 40 pipe sleeve or a 3,000-pound coupling shall be welded between the top crossmember
and the kick plate;
(i) Pipe sleeves shall have a clearance of 1/4 inch or less for the piping to the pipe riser, and the piping
shall terminate through the bulkhead with a schedule 80 pipe collar, a minimum 12-inch schedule 80
threaded (not welded) pipe riser (nipple), and an elbow or other fitting between the bulkhead and hose
coupling;
(ii) If a 3,000-pound coupling is used, no collar is required; however, the minimum 12-inch length of
schedule 80 threaded pipe riser and an elbow or other fitting between the bulkhead and hose coupling are
required;
(iii) Elbows or other fittings shall comply with NFPA 58, 2.4.4 and shall direct the transfer hose from
vertical to prevent binding or kinking of the hose.
(8) In lieu of a minimum 12-inch nipple or a vertical bulkhead, swivel-type piping (breakaway loading arm) may
be installed. The swivel-type piping shall meet all applicable provisions of the LP-Gas Safety Rules. The swivel-type
piping may also be used for unloading, but shall not be used in lieu of ESVs. The swivel-type piping shall be installed
and maintained according to the manufacturers instructions.
(9) LP-Gas Operations may require additional bulkhead protection if the installation is subject to exceptional
circumstances or located in an unusual area where additional protection is necessary to protect the health, safety,
and welfare of the general public.
(e) In addition to NFPA 58, 5.7.4.2 as amended in the table in 9.403 of this title (relating to Sections in NFPA 58 Not
Adopted by Reference, and Adopted with Changes or Additional Requirements), ESVs, internal valves, and API 607 ball
valves shall have emergency remote controls conspicuously marked according to the requirements of Table 1 of 9.140
of this title (relating to Uniform Protection Standards) as follows:
(1) Effective February 1, 2001, for all new facilities, where a bulkhead, internal valves, and ESVs are installed,
at least one clearly identified and easily accessible manually operated remote emergency shutoff device shall be
located between 20 and 100 feet from the ESV in the path of egress from the ESV. Existing installations shall have
complied by August 1, 2001.
(2) Beginning September 1, 2005, for new installations, at least one clearly identified and easily accessible
manually operated remote emergency shutoff device shall be located between 25 and 100 feet from the ESV at the
bulkhead and in the path of egress from the ESV. API 607 ball valves installed after February 1, 2008, shall also
meet the requirements of this section.
(3) The use of swivel-type piping as specified in subsection (d)(8) of this section shall not eliminate the
requirement for an ESV. Swivel-type piping may be installed between the bulkhead and the minimum 12-inch
nipple, but shall not eliminate the requirement for an ESV. The swivel-type piping shall be installed and maintained
according to the manufacturers instructions.
(f) The bulkheads, internal valves, backflow check valves, and ESVs shall be kept in working order at all times in
accordance with the manufacturers instructions and the LP-Gas Safety Rules. If the bulkheads, internal valves,
backflow check valves and ESVs are not in working order in accordance with the manufacturers instructions and the
LP-Gas Safety Rules, the licensee or operator of the installation shall immediately remove them from LP-gas service and
shall not operate the installation until all necessary repairs have been made.
(g) In addition to NFPA 58 5.9.6 and 6.9.6.1, by February 1, 2003, rubber flexible connectors which are 3/4-inch or
larger in size installed in liquid or vapor piping at an existing liquid transfer operation shall have been replaced with
a stainless steel flexible connector. Stainless steel flexible connectors shall be 60 inches in length or less, and shall
comply with all applicable LP-Gas Safety Rules. Flexible connectors installed at a new installation after February 1,
2001, shall be stainless steel.
(h) If necessary to increase LP-gas safety, LP-Gas Operations may require a pneumatically-operated internal valve
equipped for remote closure and automatic shutoff through thermal (fire) actuation to be installed for certain liquid
and/or vapor connections with an opening of 3/4 inch or one inch in size.
(i) Stationary LP-gas installations with individual or aggregate water capacities of 4,001 gallons or more are exempt
from subsections (a) and (b) of this section provided:
(1) each container is filled solely through a 1 3/4 inch double back check filler valve installed directly into the
container; and
(2) at least one clearly identified and easily accessible manually operated remote emergency shutoff device shall
be located between 25 and 100 feet from the point of transfer in the path of egress to close the primary discharge
valves in the containers; and
(1) To register a unit previously unregistered in Texas, the operator of the unit shall:
(A) pay to LP-Gas Operations the $270 registration fee for each bobtail truck, semitrailer, container delivery
unit, or other motor vehicle equipped with LP-gas cargo tanks; and
(2) To register an MC-330/MC-331 specification unit which was previously registered in Texas but for which the
registration has expired, the operator of the unit shall:
(C) file a copy of the latest test results if an expired unit has not been used in the transportation of LP-gas for
over one year.
(3) To transfer a unit, the new operator of the unit shall:
(A) pay the $100 transfer fee for each unit; and
(b) LP-Gas Operations may also request that an operator registering or transferring any unit:
(1) file a copy of the Manufacturers Data Report; or
(2) have the unit tested by a test other than those required by 9.208 of this title (relating to Testing
Requirements).
(c) When all registration or transfer requirements have been met, LP-Gas Operations shall issue LPG Form 4 which
shall be properly affixed in accordance with the placement instructions on the form. LPG Form 4 shall authorize
the licensee or ultimate consumer to whom it has been issued and no other person to operate such unit in the
transportation of LP-gas and to fill the transport containers.
(1) A person shall not operate an LP-gas transport unit or container delivery unit in Texas unless the LPG Form 4
has been properly affixed or unless its operation has been specifically approved by LP-Gas Operations.
(2) A person shall not introduce LP-gas into a transport container unless that unit bears an LPG Form 4 or unless
specifically approved by LP-Gas Operations.
(3) LPG Form 4 shall not be transferable by the person to whom it has been issued, but shall be registered by any
subsequent licensee or ultimate consumer prior to the unit being placed into LP-gas service.
9.203 School Bus, Public Transportation, Mass Transit, and Special Transit
Vehicle Installations and Inspections
(a) After the manufacture of or the conversion to an LP-gas system on any vehicle to be used as a school bus, mass
transit, public transportation, or special transit vehicle, the manufacturer, licensee, or ultimate consumer making the
installation or conversion shall notify LP-Gas Operations in writing on LPG Form 503 that the applicable LP-gas powered
vehicles are ready for a complete inspection to determine compliance with the LP-Gas Safety Rules.
(b) If LP-Gas Operations initial complete inspection finds the vehicle in compliance with the LP-Gas Safety Rules
and the statutes, the vehicle may be placed into LP-gas service. For fleet installations of identical design, an initial
inspection shall be conducted prior to the operation of the first vehicle, and subsequent vehicles of the same design
may be placed into service without prior inspections. Inspections shall be conducted within a reasonable time frame to
ensure the vehicles are operating in compliance with the LP-Gas Safety Rules. If violations exist at the time of the initial
complete inspection, the vehicle shall not be placed into LP-gas service and the manufacturer, licensee, or ultimate
consumer making the installation or conversion shall correct the violations. For public transportation vehicles only,
either manufactured to use or converted to LP-gas, if LP-Gas Operations does not conduct the initial inspection of such
vehicle within 30 business days of receipt of LPG Form 503, the vehicle may be operated in LP-gas service if it complies
with the LP-Gas Safety Rules. The manufacturer, licensee, or ultimate consumer shall file with LP-Gas Operations
LP-Gas Safety Rules - 107
documentation demonstrating compliance with the LP-Gas Safety Rules, or LP-Gas Operations shall conduct another
complete inspection before the vehicle may be placed into LP-gas service.
(c) The manufacturer, licensee, or ultimate consumer making the installation or conversion shall be responsible for
compliance with the LP-Gas Safety Rules, statutes, and any other local, state, or federal requirements.
(d) If the requested LP-Gas Operations inspection identifies violations requiring modifications by the manufacturer,
licensee, or ultimate consumer, LP-Gas Operations shall consider the assessment of an inspection fee to cover the costs
associated with any additional inspection, including mileage and per diem rates set by the legislature.
9.211 Markings
In addition to NFPA 58 9.4.6.2, each LP-gas transport and container delivery unit in LP-gas service shall be marked
on each side and the rear with the name of the licensee or the ultimate consumer operating the unit. Such lettering
shall be legible and at least two inches in height and in sharp color contrast to the background. LP-Gas Operations shall
determine whether the name marked on the unit is sufficient to properly identify the licensee or ultimate consumer.
9.212 Manifests
(a) All manifests or bills of lading shall indicate the amount and type of odorant per gross gallons, the vapor pressure
of the product at 100 degrees Fahrenheit, the net gallons, the loading temperature, the specific gravity at 60 degrees
Fahrenheit, the type of product, and the United Nations number with verification by the loading entity and loader. A
copy of the manifest or bill of lading shall be given to the entity receiving the shipment.
(b) This requirement shall not apply to loads covered by permanent shipping papers authorized by DOT.
(c) Manifests shall be made available to the Commission upon request.
(1) NFPA 30A, Code for Motor Fuel Dispenser Facilities and Repair Garages, 2003 edition;
(2) NFPA 37, Standard for the Installation and Use of Stationary Combustion Engines and Gas Turbines, 2002
edition;
(3) NFPA 51, Standard for the Design and Installation of Oxygen-Fuel Gas Systems for Welding, Cutting, and Allied
Processes, 2002 edition;
(7) NFPA 82, Standard on Incinerators and Waste, and Linen Handling Systems and Equipment, 2004 edition;
(1) such piping is supported by ceiling trusses no more than ten feet apart; and
Specific Action
5.6.4
additional requirements
Chapter 7
additional requirements
7.2.6
additional requirements
9.1.3
additional requirements
9.2.6
additional requirements
Chapter 10
additional requirements
10.29
not adopted
Specific Action
1.7.11 3.2.2
additional requirement
1.4.1 4.3.1
not adopted
See Commission rules 9.27, Application for an Exception to a Safety Rule, and
9.101, Filings Required for Stationary LP-Gas Installations.
1.4.2 4.3.2
not adopted
1.5. 4.4
additional requirements
5.2.1.1
additional requirements
5.2.2
additional requirements
2.2.2.2 5.2.4.2
additional requirement
See Commission rule 9.131, 200 PSIG Working Pressure Stationary Vessels.
2.2.6.1 5.2.8.1
additional requirement
See Commission rules 9.140 (g), Table 1, Uniform Protection Standards, and
9.141 (e), Uniform Safety Requirements.
2.2.6.3 5.2.8.3
not adopted
2.2.6.4 5.2.8.4(1)
with changes
Warning labels shall be applied to all cylinders of 4.2 lb (1.9 kg) to 100 lb (45.4
kg) LP-Gas capacity and not filled on site. The label shall include information on
the potential hazards of LP-Gas.
2.2.6.5 5.2.8.5
not adopted
2.3.1.5 5.7.3.1
with changes
Cylinders with 4.2 lb (1.9 kg) 4 lb (1.8 kg) through 40 lb (18 kg) propane capacity
for vapor service shall be equipped or fitted with a listed overfilling prevention
device that complies with UL 2227, Overfilling Prevention Devices, and a fixed
maximum liquid level gauge. These devices shall be permitted to be a part of the
container valve assembly.
2.3.2.3 5.7.2.4(A)
additional requirement
See Commission rule 9.131, 200 PSIG Working Pressure Stationary Vessels.
5.7.4.1
additional requirements
and with changes
Table 2.3.3.2(a)
Table 5.7.4.1
with changes
2.3.3.2(a)(5)
5.7.4.1(G)
with changes
2.3.3.2(b)(2)
5.7.4.2
with changes
ASME containers over 4000 gal (15.2 m3) water capacity shall be equipped in
accordance with 5.7.4.2(A) through 5.7.4.2(G) and Table 5.7.4.2 the following:
(A through I not adopted.)
1. Container openings 1 -inch or greater:
a. A pneumatically operated internal valve equipped for remote closure and
automatic shutoff using thermal (fire) actuation where the thermal element is
located within 5 ft (1.5 m) of the internal valve, or a double back flow check filler
valve, or a positive shutoff valve in combination with a back flow check valve.
b. An internal valve installed in containers prior to February 1, 2001, shall be
equipped for pneumatically-operated remote closure and automatic shutoff using
thermal (fire) actuation as described above by February 1, 2003.
c. Each container equipped with a positive shutoff valve that is located as close
to the container as is practical in combination with an excess flow valve shall be
retrofitted by February 1, 2006, with one of the following:
1. A pneumatically operated internal valve equipped for remote closure and
automatic shutoff using thermal (fire) actuation installed directly into the
container.
2. A pneumatically operated emergency shutoff valve equipped for remote
closure and automatic shutoff using thermal (fire) actuation installed in the line
downstream within four feet of the existing positive shutoff valve.
3. A double back flow check filler valve.
4. A positive shutoff valve in combination with a back flow check valve.
d. Any vapor or liquid withdrawal opening 1 1/4 inch or larger with piping
attached that exclusively provides service to stationary appliances or equipment,
which is not part of a transfer system, may be equipped with an excess flow valve
and a shutoff valve installed as close as practical to the container, in lieu of an
internal valve or emergency shutoff valve.
e. For reducing the size of a container opening, only one bushing with a minimum
pressure rating in accordance with Table 5.9.4.1 shall be installed.
f. Container openings that are not compatible with internal valves shall be
permitted to utilize both an excess-flow valve installed in the container and a
valve complying with API 607, Fire Test Soft-Seated Quarter Turn Ball Valves,
which shall be pneumatically actuated and shall fail in the closed position.
2. Container openings less than 1-inch:
a. A positive shutoff valve that is located as close to the container as practical in
combination with either an excess-flow valve or a back flow check valve installed
in the container, or
b. A pneumatically operated internal valve with an integral excess-flow valve or
excess-flow protection, or
c. A double back flow check filler valve.
Table 5.7.4.2
not adopted
5.7.4.3
not adopted
5.7.4.5
with changes
The appurtenances specified in Table 5.7.4.1 and 5.7.4.3 shall comply with the
following:
(1 - 6 no changes)
5.7.7.1
with changes
2.4.4.3 5.9.5
additional requirement
2.4.6 5.9.6
additional requirement
See Commission rule 9.143(b) and (g), Bulkhead, Internal Valve, and ESV
Protection for Stationary LP-Gas Installations with Individual or Aggregate Water
Capacities of 4,001 Gallons or More.
2.4.4 5.9.6.5
additional requirement
See Commission rule 9.311, Special Exceptions for Agricultural and Industrial
Structures Regarding Appliance Connectors and Piping Support.
2.6.2.1 5.20
additional requirement
3.2.2.1 6.2.2
with changes
3.2.2.2 6.3.1
additional requirement and In addition to Table 1 6.3.1, see Commission rule 9.142, LP-Gas Container
with changes
Storage and Installation Requirements.
Containers installed outside of buildings, whether of the portable type replaced
on a cylinder exchange basis or permanently installed and refilled at the
installation, shall be located with respect to the adjacent containers, important
building, group of buildings, or line of adjoining property that can be built upon,
in accordance with Table 6.3.1, Table 6.4.2, Table 6.4.5.8, and 6.32 6.3.3 through
6.3.12.
6.3.2
not adopted
3.2.2.3 6.4.1
additional requirement
with changes
Where storage containers having an aggregate water capacity of more than 4000
gal (15.1 m3) are located in heavily populated or congested areas, the siting
provisions of 6.3.1 and Table 6.3.1 shall be permitted to be modified by the fire
safety analysis described in 6.25.3 Commission.
3.2.2.8 6.4.7
additional requirement
6.5.4
additional requirement
3.2.4.2 6.6.1.2
additional requirement
3.2.4.4 6.6.1.4
additional requirement
3.2.5 6.6.2.1
with changes
Cylinders shall be installed only aboveground, and shall be set upon a firm
foundation of concrete, masonry, or metal and or be otherwise firmly secured
against displacement. The cylinder shall not be in contact with the soil.
6.6.3.1
with changes
additional requirement
3.2.12.1 6.8.2(B)
with changes
3.2.17 6.9.6.1
additional requirement
See Commission rule 9.143, Bulkhead, Internal Valve, and ESV Protection for
Stationary LP-Gas Installations with Individual or Aggregate Water Capacities of
4,001 Gallons or More.
6.9.6.2
with changes
Flexible metallic connectors shall not exceed 60 in. (1.52 m) in overall length
when used with liquid or vapor piping on stationary containers of 2000 gal (7.6
m3) water capacity or less.
3.2.18.1 6.11.1
with changes
The requirements of 6.11.2 through 6.11.5 shall be required for internal valves in
liquid and/or vapor service installed on containers over 4000-gal (15.2-m3) water
capacity by July 1, 2003.
6.11.2
with changes
Internal valves shall be installed in accordance with 5.7.4.2 with changes and
Table 5.7.4.2 on containers over 4000 gal (15.2 m3) water capacity.
3.2.18.2 6.11.3
with changes
3.2.18.3 6.11.4
with changes
At least one remote shutdown station for internal valves in liquid and/or vapor
service shall be installed not less than 25 ft (7.6 m) or more than 100 ft (30 m)
from the liquid transfer point. This shall be retroactive to all internal valves
required by the code.
6.11.5
not adopted
3.2.19.1 6.12
not adopted
See Commission rule 9.143, Bulkhead, Internal Valve, and ESV Protection for
Stationary LP-Gas Installations with Individual or Aggregate Water Capacities of
4,001 Gallons or More.
3.2.24 6.16.2
not adopted
6.18.1
not adopted
3.3.6.1 6.18.4.2
additional requirements
See Commission rule 9.140 (b) and (d), Uniform Protection Standards.
3.4.2.1 6.19.2.1
with changes
3.4.2.4 6.19.3.2
additional requirement
3.4.2.7 6.19.3.6
with changes
3.4.4.1(b)
6.19.5.1(2)
with changes
Cylinders having an LP-gas a water capacity greater than 4.2 lb (1.9 kg) 2.7 lb
(1.2 kg) shall not be left unattended.
6.19.5.2
with changes
During the hours the building is not open to the public, cylinders used and
transported within the building for repair or minor renovation and with an LPgas water capacity greater than 4.2 lb (1.9 kg) 2.7 lb (1.2 kg) shall not be left
unattended.
3.4.8.3 6.19.9.3
not adopted
3.4.8.4 6.19.9.4
not adopted
3.4.9.2 6.19.11.2
with changes
Cylinders having an LP-gas water capacity greater than 4.2 lb (1.9 kg) 2.7 lb (1
kg) [nominal 1 lb (0.5 kg)] LP-gas shall not be located on decks or balconies of
dwellings of two or more living units above the first floor unless they are served by
exterior stairways.
6.20.2.1
with changes
Patio heaters utilizing an integral LP-Gas container greater than 4.2 lb (1.9 kg)
1.08 lb (0.49 kg) propane capacity shall comply with 6.20.2.2 and 6.20.2.3.
3.7.2.2 6.22.2.4
with changes
6.24.3.7
additional requirements
6.24.3.8
with changes
The container liquid withdrawal opening used with retail operated vehicle fuel
dispensers and retail operated dispensing stations shall be equipped with one of
the following:
(1) (2) (No change)
3.9.3.8 6.24.3.12
additional requirement
6.24.3.13
with changes
A listed quick-acting shutoff valve or a listed quarter turn ball valve with a
locking handle shall be installed at the discharge end of the transfer hose.
3.9.3.10 6.24.3.14
additional requirements
6.24.4.2
additional requirements
3.10.2.1 6.25.2.1
additional requirement
3.10.2.2 6.25.3
not adopted
6.26
with changes
4.2.3.8 7.2.3.8
additional requirement
4.4.3.1 7.4.2.1
additional requirement
4.4.3.2 7.4.3.1
with changes
The volumetric method shall be limited to the following containers, where they
are designed and equipped for filling by volume:
(1) Cylinders of less than 200 lb (91 kg) water capacity that are not subject to
DOT jurisdiction
(1) (2) Cylinders of 101 lb LP-gas capacity 200 lb (91 kg) water capacity or more
(2) (3) Cargo tanks or portable tanks containers complying with DOT
specifications MC 330, MC 331, or DOT 51
(3) (4) ASME and API-ASME containers complying with 5.2.1.1 or 5.2.4.2
5.2.1.1 8.2.1.1
additional requirement
8.3.1
not adopted
Table 8.3.1(a)
not adopted
Table 8.3.1(b)
with changes
5.3.1 8.3.2
not adopted
5.4.2.1 8.4.2.1
additional requirement
5.4.2.2 8.4.2.2
not adopted
5.4.3 8.4.3
not adopted
6.3.6 9.4.6.2
Additional requirement
6.5.2.1 9.6.2.2(2)
with changes
8.1.3 11.2
additional requirements
See Commission rules 9.10, General Requirements for Training and Continuing
Education, and 9.51, Training and Continuing Education Courses.
11.3.4
Not adopted
8.2.3(1) 11.4.1.15
with changes
8.2.6.6 11.7.4.1
with changes
Fuel containers shall be installed to prevent their jarring loose and slipping
or rotating, and the fastenings shall be designed and constructed to withstand
without permanent deformation static loading in any direction equal to four
times the weight of the container filled with fuel. This shall not prohibit the
use of specific mounting brackets designed and manufactured by a container
manufacturer, original vehicle manufacturer, or the authorized representative of
either. Each specific mounting bracket shall be marked in a visible location, to
indicate the manufacturer of the bracket.
8.2.10 11.11.2.2
with changes
The marking shall consist of a border and the word PROPANE [1 in. (25 mm)
minimum height centered in the diamond] in silver or white reflective luminous
material on a black or Pantone 2945 C Royal Blue or equivalent background.
Chapter 10 13
not adopted
14.1
with changes
14.4.3.3
Additional requirement
14.4.9.1
Additional requirement
(b) If a section in NFPA 58 refers to another section in NFPA 58 which the Commission has not adopted, or which
the Commission has adopted with additional or alternative language, then persons shall comply with the applicable
Commission rule.
Chapter 113
113.002 Definitions
In this chapter:
(2) Repealed by Acts 2001, 77th Leg., ch. 1233, 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 licensees 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.
113.003 Exceptions
(a) None of the provisions of this chapter apply to:
(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.
113.014 Employees
Sufficient employees shall be provided for the enforcement of this chapter.
Subchapter D - Licensing
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.
(c) A mobile home park operator will not be deemed to be a 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.
(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.
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.
(c) A licensee shall submit the nonrefundable renewal fee for each type of license sought along with information and
data the commission may reasonably require.
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 persons 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 persons 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.
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(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;
(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.
(d) The commission must approve or deny a provisional license holders 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.
(1) a master or journeyman plumber licensed by the Texas State Board of Plumbing Examiners; or
(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.
(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.
113.162 Hearings
Any hearing or proceeding under this chapter shall be subject to the provisions of the Administrative Procedure and
Texas Register Act.
(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;
(C) the owner of a sole proprietorship applicant, registrant for 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; 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 persons 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).
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(k) In determining whether to refuse to renew or to revoke a persons license or registration for an exemption under
Subsection (h), the commission shall consider the persons 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 persons 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.
113.164 Appeal
Any party to a proceeding before the commission is entitled to judicial review under the substantial evidence rule.
Subchapter H - Enforcement
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 person from committing any act that violates or does not comply with any provision of this chapter or of any rule
promulgated under this chapter.
(b) A suit for injunction instituted pursuant to Subsection (a) of this section shall be in addition to any other remedies
at law or in equity.
(c) A district court of any county in which it is shown that all or part of the acts have been or are about to be committed
has jurisdiction of an action brought under Subsection (a) of this section.
(d) No bond for injunction may be required of the commission or the attorney general in relation to a proceeding
instituted pursuant to Subsection (a) of this section.
(b) A person previously convicted under Subsection (a) of this section who knowingly violates or fails to comply with
this chapter is guilty of a Class A misdemeanor punishable by a fine of not less than the maximum fine allowed by law
for a Class C misdemeanor, nor more than the maximum fine as set out in Section 12.21 of the Penal Code.
(c) A penalty prescribed by this section is in addition to injunctive relief and other penalties provided by this chapter.
(d) Each day the violation or failure to comply continues constitutes a separate offense.
(2) the penalties for the late payment of the fee charged under this subchapter;
(3) gifts, grants, or other assistance received by the commission from any source for the purposes of this
subchapter;
(5) amounts collected by the commission under an agreement with another state in accordance with Section
113.246(e);
(6) assessments, rebates on assessments, and other money collected by the commission under the Propane
Education and Research Act of 1996 (15 U.S.C. Section 6401 et seq.) or other applicable federal law; and
(7) fees, royalties, or other things of value received from the items described by Subsections (f)(1)(A)-(D).
(c) The fund may be used only by the commission to pay for activities relating to the specific fuel from which the fee,
royalty, or other thing of value was derived or the specific fuel, if any, for which the gift, grant, or other assistance is
given, including direct and indirect costs relating to:
(1) researching all possible uses of LPG and other environmentally beneficial alternative fuels to enhance air
quality;
(2) researching, developing, and implementing marketing, advertising, and informational programs relating to
alternative fuels to make alternative fuels more understandable and readily available to consumers;
(3) developing and implementing conservation and distribution plans to minimize the frequency and severity of
disruptions in the supply of alternative fuels;
(4) developing a public information plan that will provide advisory services relating to alternative fuels to
consumers;
(5) developing voluntary participation plans to promote the use of alternative fuels by federal, state, and local
agencies;
(6) implementing consumer incentive or rebate programs developed pursuant to Section 113.2435 of this
subchapter;
(7) other functions the commission determines are necessary to add a program established by the commission for
the purpose of promoting the use of LPG or other environmentally beneficial alternative fuels; and
(8) the administrative costs incurred by the commission under this subchapter.
(d) If a specific fee, royalty, gift, grant, other thing of value, or other assistance is designated for or collected from
discrete components of the alternative fuels industry, the fee, royalty, gift, grant, other thing of value, or other assistance
shall be deposited in a separate account in the fund.
(e) The commission may apply for, request, solicit, contract for, receive, and accept gifts, grants, and other assistance
from any source for the purposes of this subchapter. Money received under this subsection shall be deposited in a
separate account in the fund as provided in Subsection (d) of this section.
(f) The commission may:
(1) apply for, register, secure, hold, and protect under the laws of a state, the United States, or a foreign country a
patent, copyright, trademark, or other evidence of protection or exclusivity issued for an idea, publication, or other
original innovation fixed in a tangible medium, including:
(A) a logo;
(C) a study;
(E) a manual;
(2) enter into a license agreement with a third party in return for a fee, royalty, or other thing of value; and
(3) waive or reduce the amount of a fee, royalty, or other thing of value to be assessed if the commission determines
that the waiver will:
(A) further the goals and missions of the commissions division responsible for alternative fuels research and
education; and
(g) Money received under Subsection (f) shall be deposited in a separate account in the fund as provided by Subsection
(d), except that any money received by the commission from the items described by Subsections (f)(1)(E)-(H) shall be
deposited in the general revenue fund.
(3) a condition that the rebate recipient agree to not modify the equipment for a specified number of years as set by
the commission;
(4) any other conditions or restrictions determined by the commission that would help ensure that either of the
desired goals of achieving energy conservation and efficiency or improving air quality in this state is furthered;
(5) a limitation on the proportion of the fund usable for the rebate program that limits the proportion usable to not
more than 50 percent of the funds available; and
(6) that the name or seal of the commission shall not be used on any advertising that promotes the propane water
heater rebate program.
(d) Notwithstanding Subsection (c)(5), the commission shall make available for rebates during a fiscal year the entire
amount of money made available for rebates during the preceding fiscal year that was not spent during the preceding
fiscal year. The amount of money made available for rebates during the preceding fiscal year that was not spent during
the preceding fiscal year is not counted in determining the limitation on the proportion of the fund usable for the rebate
program during a fiscal year.
(1) $7.50 for each delivery into a cargo tank having a capacity of less than 1,500 gallons;
(2) $9 for each delivery into a cargo tank having a capacity of 1,500 gallons or more but less than 1,800 gallons;
(3) $10 for each delivery into a cargo tank having a capacity of 1,800 gallons or more but less than 2,000 gallons;
(4) $12.50 for each delivery into a cargo tank having a capacity of 2,000 gallons or more but less than 2,500 gallons;
(5) $13.50 for each delivery into a cargo tank having a capacity of 2,500 gallons or more but less than 2,700 gallons;
(6) $25 for each delivery into a cargo tank having a capacity of 2,700 gallons or more but less than 5,000 gallons;
(7) $37.50 for each delivery into a cargo tank having a capacity of 5,000 gallons or more but less than 8,000 gallons;
(8) $50 for each delivery into a cargo tank having a capacity of 8,000 gallons or more but less than 12,000 gallons;
and
(9) $25 for each increment of 5,000 gallons or any part of 5,000 gallons delivered into a cargo tank having a capacity
of 12,000 gallons or more.
(b) The owner of LPG at the time of odorization or at the time of import of odorized LPG shall pay the fee based on the
net amount of odorized LPG sold and placed into commerce. The fee shall be collected and remitted to the commission
as provided by Section 113.245 by the person who odorizes the LPG or imports odorized LPG.
(c) Time of import means the time of entry into this state from another state or from outside the United States.
(d) The fee does not apply to a delivery of odorized LPG destined for export from the United States or this state if the
LPG is in continuous movement to a destination outside the United States or this state. As to LPG exported from this
state, and notwithstanding any other provision of this chapter, a delivery fee may be levied and collected under this
section only if required to be levied and collected by implementation of the Propane Education and Research Act of 1996
(15 U.S.C. Section 6401 et seq.).
(e) If the commission is party to an agreement with another states propane education and research program under
Section 113.246(c), the fee on LPG destined for export to that state and in continuous movement to a destination in that
state shall be assessed at the rate in effect in that state.
(f) The commission may transfer fees collected under Subsection (e) to the agency or organization in the other state
that is party to the commissions agreement with that state.
(d) The commission may enter into an agreement with an agency of or an organization in another state to coordinate
the administration, collection, reporting, and payment of the fees payable or collected under this subchapter and the
other states propane education and research program created by that states law or rule.
(e) An agreement executed under Subsection (c) or (d) may include reporting, auditing, collecting, apportioning, and
remitting fees and assessments payable or collected under this subchapter, the Propane Education and Research Act
of 1996 (15 U.S.C. Section 6401 et seq.) or other applicable federal law, and the other states propane education and
research program. The commission may adopt rules necessary to implement the agreements authorized by this section.
(f) None of the funds payable or collected under or by the authority of the Propane Education and Research Act of 1996
(15 U.S.C. Section 6401 et seq.) may be spent on the promotion or marketing of propane for use in on-the-road vehicles.
(2) fails or refuses to comply with or violates a commission rule for administering or enforcing this subchapter.
(b) The court may not fine a corporation or association under Section 12.51(c), Penal Code, unless the amount of the
fine under that subsection is greater than the amount that could be fixed by the court under Section 12.51(b), Penal
Code.
(c) In addition to a sentence imposed on a corporation, the court shall give notice of the conviction to the attorney
general as required by Article 17A.09, Code of Criminal Procedure.
113.283 Composition
(a) The council is composed of the following individuals:
(1) the commissioner of the General Land Office;
(b) A member may designate an individual from the state agency the member represents to serve in place of the
member.
(c) The initial chairman of the council shall be the commissioner of the General Land Office or a person designated
by the commissioner. Chairmanship of the council shall rotate annually between the commissioner of the General
Land Office and the chairman of the Railroad Commission of Texas or individuals designated by those members under
Subsection (b) of this section.
(b) The enumeration of public purposes in Subsection (a) of this section is not intended to be a complete list of the
public purposes served by this subchapter and does not preclude a finding that this subchapter serves a public purpose
not enumerated in that subsection.
(2) finance activities supporting or encouraging the use of compressed natural gas, liquefied natural gas, liquefied
petroleum gas, methanol or methanol/gasoline blends of 85 percent or greater, ethanol or ethanol/gasoline blends of
85 percent or greater, or electricity; or
(c) The council may apply for, request, solicit, contract for, receive, and accept gifts, grants, and other assistance from
any source for the purposes of this subchapter.
(d) The council shall maintain a separate account in the fund for money received that is designated for the promotion
of a specific fuel or that is collected from a discrete component of the alternative fuels industry. The council may
use money in a separate account in the fund only to finance an activity that relates to the fuel for which the money is
received.
(2) gifts, grants, and other assistance to the council or fund for the purpose of financing alternative fuels activities;
(4) payments of principal and interest on loans made under this subchapter; and
( f) The council may make a loan to finance the construction of an infrastructure refueling facility only if the facility is
to serve and be accessible to the general public to the extent practicable.
(1) the person was licensed by the commission to perform the installation or service or was a registrant;
(2) the delivery, installation, or service was performed in compliance with the safety rules and standards adopted
by the commission;
(3) the person has no control over the operation or use of the LPG system;
(5) the person did not supply a defective product which was a producing cause of harm.
(A) an entity created under the laws of this state and accredited by the Texas Education Agency under
Subchapter D, Chapter 39, Education Code;
(C) a state or regional school for the blind and visually impaired or the deaf under Chapter 30, Education
Code.
(2) Supplier means an individual or company that sells and delivers liquefied petroleum gas to a school district
facility. If more than one individual or company sells and delivers LP-gas to a facility of a school district, each individual
or company is a supplier for purposes of this subchapter.
113.357 Enforcement
The commission shall enforce this subchapter.