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80C397(2) MCK

CONFORMING AMENDMENT.

Section 113.002, Natural Resources Code, is amended to read as follows:

113.002.

DEFINITIONS.

Except as provided by Subchapter M, in [In] this chapter:

"Commission" means the Railroad Commission of Texas.

"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.

"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.

"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.

"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.

"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.

"Transport system" means any and all piping, fittings, valves, and equipment on a transport, excluding the container.

"Transfer system" means all piping, fittings, valves, and equipment utilized in dispensing LPG between containers.

"Transport" means any bobtail or semitrailer equipped with one or more containers.

"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.

"Representative" means the individual designated to the commission by a license applicant or licensee as the principal person in authority and, in the case of a licensee other than a category "P" licensee, actively supervising the conduct of the licensee's LPG activities.

"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.

"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.

"Intermodal portable tank" means a portable tank built according to the United States Department of Transportation specifications and designed primarily for international intermodal use.

"Intermodal container" means a freight container designed and constructed for interchangeable use in two or more modes of transport.

"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.

"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.

"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.

"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.

"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.

CONFORMING AMENDMENT.

Chapter 113, Natural Resources Code, is amended by adding Subchapter M to read as follows:

SUBCHAPTER M.

LIQUEFIED PETROLEUM GAS CONTAINERS

Revised Law

113.401.

DEFINITIONS.

In this subchapter:

"Liquefied petroleum gas" means the hydrocarbon product extracted from natural gas or crude oil and commonly known as butane or propane.

"Person" means an individual, association, or corporation.

(V.A.C.S. Art. 8610a, Sec. (a).)

Source Law

In this article:

"Liquefied petroleum gas" means the hydrocarbon product extracted from natural gas or crude oil and commonly known as butane or propane.

"Person" means an individual, association, or corporation.

Revised Law

113.402.

NOTICE TO PROSPECTIVE PURCHASERS AND USERS.

A person in the business of leasing or selling liquefied petroleum gas containers shall give to each prospective purchaser or user of a container a written notice of the purchase or use options provided by that business, including, as applicable, options to purchase, lease, or lease-purchase. The notice must include a written statement that other persons in the business of leasing or selling liquefied petroleum gas containers may provide purchase or use options that include purchase, lease, and lease-purchase.

(V.A.C.S. Art. 8610a, Sec. (b).)

Source Law

A person who is in the business of leasing or selling liquefied petroleum gas containers shall give to every prospective purchaser or user of such a container:

written notice of the purchase or use options provided by that business, including, if applicable, options to purchase, lease, or lease-purchase;

a written statement that other persons in the business of leasing or selling liquefied petroleum gas containers may provide purchase or use options that include purchase, lease, and lease-purchase.

Revised Law

113.403.

SUPPLY CONTRACT REQUIREMENT.

If a person in the business of leasing or selling liquefied petroleum gas containers signs a supply contract with another person, a separate agreement on the face of the supply contract must state that the supplier gave to the user, before the user signed the supply contract, the notice required by

Section 113.402.

(V.A.C.S. Art. 8610a, Sec. (c).)

Source Law

If a person who is in the business of leasing or selling liquefied petroleum gas containers signs a supply contract with another person, a separate agreement on the face of the contract must state that the supplier has given to the user the notice and statement required by Subsection (

b) of this

article before the user signs the supply contract.

Revised Law

113.404.

FILLING OR REFILLING OF CONTAINER BY NONOWNER.

A person who is not the owner of a liquefied petroleum gas container may fill or refill the container if the person who occupies the premises where the container is located:

requests the service; and

signs a written request stating that:

an emergency exists; and

the owner is unavailable to fill or refill the container, as applicable.

(V.A.C.S. Art. 8610a, Sec. (e).)

Source Law

A person who is not the owner of a liquefied petroleum gas container may fill or refill the container if the person who occupies the premises where the container is located requests the service and signs a written request that states that an emergency exists and that the owner is unavailable to provide that service.

Revised Law

113.405.

CRIMINAL PENALTIES.

A person commits an offense if the person knowingly violates this subchapter.

A person who is not the owner of a liquefied petroleum gas container commits an offense if the person:

except as provided by

Section 113.404, without written authorization of the owner of the container sells, fills, refills, delivers or permits to be delivered, or uses the container for any purpose;

obtains a written request under

Section 113.404 through misrepresentation; or

defaces, removes, or conceals a name, mark, initial, or device on the container without the written consent of the owner of the container.

An offense under this

section is a misdemeanor punishable by a fine of not less than $25 and not more than $200.

(V.A.C.S. Art. 8610a, Secs. (d), (f), (g); Ar