Tex. Nat. Res. Code § 113.087

Current with legislation from the 2023 Regular and Special Sessions signed by the Governor as of November 21, 2023.

Section 113.087 - Course of Instruction, Examination, and Seminar Requirements

(a) The satisfactory completion of the requirements of this section is mandatory, and operations requiring an LP-gas license may not commence, continue, or resume unless examination and seminar requirements are fulfilled. The commission shall prepare, administer, and grade or review an examination required by this section or contract with a testing or proctoring service to prepare, administer, and grade or review the examination.

(b) Before license issuance, the commission shall require the individual designated as the licensee's representative to the commission to provide good and sufficient proof through examination of working knowledge of this chapter and rules of the commission which affect the type of license for which application is made. Thereafter, each licensee shall maintain a qualified representative at all times.

(c) An individual who will be actively supervising operations that require a license under this chapter, other than a portable cylinder exchange service, at any outlet or location, shall be required to provide good and sufficient proof through examination that the supervisor has a working knowledge of the safety requirements and penalties in this chapter and the rules of the commission which apply to that type of license. A licensee who provides portable cylinders to a licensee operating a portable cylinder exchange service shall:

(1) prepare or obtain a manual approved by the commission covering the proper procedures for handling LP-gas in the portable cylinder exchange process;

(2) provide a copy of the manual to each outlet or location of the licensee operating the portable cylinder exchange service; and

(3) provide training approved by the commission regarding the contents of the manual to each individual who will be actively supervising operation of the portable cylinder exchange service at each outlet or location.

(d) As determined by commission rule, each individual who is or will be utilized by a licensee or a public employee of the state, the federal government, or a state or federal subdivision in LPG-related activities shall be required to provide good and sufficient proof through examination that the employee has a working knowledge of the safety requirements in the rules of the commission relating to the activity or activities. Should the commission determine that an individual has a history of failure to comply with the requirements of this code or with the rules of the commission, the commission shall promptly notify the individual in writing of failure to qualify for LP-gas employee certification and the reasons therefor. 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 provided 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.

(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 or proctoring 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 or proctoring 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 or proctoring service to notify a person of the results of the person's 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 person's performance on the examination.

(m) The commission by rule may require, in addition to examination requirements as set out in Subsections (b), (c), and (d):

(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 or other continuing education programs.

(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;

(2) a person licensed under Chapter 1302, Occupations Code; or

(3) company representatives, operations supervisors, or employees of a testing laboratory that was registered under Section 113.135 prior to the effective date of this subsection.

Tex. Nat. Res. Code § 113.087

Amended by Acts 2021, Texas Acts of the 87th Leg. - Regular Session, ch. 885,Sec. 1, eff. 9/1/2021.

Amended by Acts 2019, Texas Acts of the 86th Leg.- Regular Session, ch. 56,Sec. 7, eff. 9/1/2019.

Amended by Acts 2017, Texas Acts of the 85th Leg. - Regular Session, ch. 1095,Sec. 1, eff. 9/1/2017.

Amended By Acts 2005, 79th Leg., Ch. 999, Sec. 1, eff. 9/1/2005.

Amended By Acts 2003, 78th Leg., ch. 1276, Sec. 14A.798, eff. 9/1/2003.

Amended By Acts 2001, 77th Leg., ch. 611, Sec. 2, eff. 9/1/2001

Amended By Acts 2001, 77th Leg., ch. 1233, Sec. 37, eff. 9/1/2001

Amended By Acts 1995, 74th Leg., ch. 239, Sec. 4, eff. 9/1/1995

Amended By Acts 1991, 72nd Leg., ch. 725, Sec. 6, eff. 8/26/1991

Amended By Acts 1989, 71st Leg., ch. 533, Sec. 3, eff. 9/1/1989

Amended By Acts 1987, 70th Leg., ch. 325, Sec. 3, eff. 6/11/1987

Amended By Acts 1983, 68th Leg., p. 1168, ch. 263, Sec. 7, eff. 9/1/1983

Amended by Acts 1979, 66th Leg., p. 2031, ch. 799, Sec. 1, eff. 9/1/1980