SEP S.B. 1015 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 1015
By: West, Royce
Energy Resources
4/9/2001
Engrossed



BACKGROUND AND PURPOSE 

Twenty-pound cylinders containing liquified petroleum gas (LP-gas) for use
with gas grills are sold, through exchange for empty cylinders, at many
retail merchant sites across the state.  The cylinders are maintained and
precision-filled at a propane plant using automatic fill scales while
exchange sites are limited to storing the cylinders in metal racks and
reselling them.  However, under current law and Railroad Commission of
Texas (commission) rules, each retail store that engages in cylinder
exchange must obtain a Category "P" license which requires employee
certification.  Each location is required to have a company representative
qualified through the commission's LP-gas examination procedures.  Senate
Bill 1015 exempts category "P" licensees from the certification requirement
and requires suppliers to provide each exchange site with a procedural
manual for handling LP-gas in the portable cylinder exchange process and
training to supervising individuals.   

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

Senate Bill 1015 amends the Natural Resources Code to exempt an individual
actively supervising the operation of a portable cylinder exchange service
(category "P" license) from the requirement that each location have a
company representative qualified through the Railroad Commission of Texas
(commission) LP-gas examination procedures.  The bill requires retail and
wholesale dealers of LP-gas (category "E" license) who provide portable
cylinders to category "P" licensees to prepare or obtain a manual approved
by the commission covering the proper procedures for handling LP-gas in the
portable cylinder exchange process, provide a copy of the manual to each
outlet, and provide training approved by the commission regarding the
contents of the manual to each individual who will be actively supervising
operations requiring a category "P" license.  The bill also exempts a
category "P" licensee from acquiring and maintaining workers' compensation
or coverage for its employees. 

EFFECTIVE DATE

September 1, 2001.