16 Tex. Admin. Code § 9.15
Registration and Transfer of LP-Gas Transports or Container Delivery Units
Effective Mar 2, 199823 TexReg 1943Source Note: The provisions of this §9.15 adopted to be effective January 1, 1976; amended to be effective August 14, 1977, 2 TexReg 2942; amended to be effective October 3, 1980, 5 TexReg 3794; amended to be effective November 28, 1983, 8 TexReg 4743; amended to be effective November 1, 1985, 10 TexReg 1322; amended to be effective January 4, 1988, 12 TexReg 4836; amended to be effective June 1, 1989, 14 TexReg 1919; amended to be effective November 15, 1990, 15 TexReg 5925; amended to be effecTexas Secretary of State
- (a) An operator of a transport, as that term is defined in §9.2 of this title (relating to Definitions), equipped with LP-gas cargo tanks, or any container delivery unit, regardless of who owns the transport or unit, shall register such transport or unit with the commission.
- (b) Prior to a unit being used in LP-gas service, the operator of the unit shall register it in the name or names under which the operator conducts business in Texas.
(c) The operator of the unit shall pay all registration fees in full and shall properly complete other requirements before registering any unit and placing it into LP-gas service.
(1) To register a unit previously unregistered in Texas, the operator of the unit shall:
- (A) pay to the commission the appropriate registration fee;
- (B) file a properly completed LPG Form 7, the DOT certification or any other documentation (such as a pencil rubbing of the applicable nameplate) indicating that the unit was built to MC-330/MC-331 specifications; and
- (C) submit test results as shown in Table 1 of this section.
- (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 submit to the commission the appropriate fee and file a properly completed LPG Form 7. In addition, if an expired unit has not been used in the transportation of LP-gas for over one year, the latest test results shall be filed with the commission before that unit may be returned to use.
- (3) Nonspecification units registered with the commission as of June 1, 1989, shall remain continuously registered, or they shall be removed from the transportation of LP-gas. To register a non-specification unit, the operator of the unit shall submit to the commission the appropriate fee and file a properly completed LPG Form 7 and test results as shown in Table 1 of this section.
(4) Registration fees to be paid shall be calculated as follows:
(A) If a unit is to be registered under the name or names of an operator who has other units already registered with the commission, commission staff shall prorate the appropriate registration fee in order to maintain the same registration renewal period by:
- (i) dividing the applicable registration fee by 12; and
- (ii) multiplying that amount by the number of months remaining on the operator's existing annual license or annual registration, whichever is applicable.
- (B) If a unit is the first unit to be registered under the name or names of an operator who is not licensed by the commission or does not have other units already registered with the commission, the operator shall pay the appropriate registration fee in full. The registration renewal date shall be the date on which the commission confirms that all registration requirements are met.
- (d) Transfer fees shall be $50 for each applicable LP-gas vehicle, regardless of size or time remaining on any current license or registration period. The new operator of the LP-gas transport or container delivery unit shall pay this fee in full to the commission before placing such unit into LP-gas service in Texas. Transfer fees shall not be prorated.
- (e) LP-gas transports shall comply with the requirements indicated in Table 1 of this section.
(f) The commission may also request that an operator registering or transferring any unit:
- (1) file a copy of the Manufacturer's Data Report; or
- (2) have the unit tested by a test other than those required by §9.1753 of this title (relating to Testing Requirements).
(g) At least once every five years, the commission may inspect currently registered LP-gas transports for compliance with the LP-Gas Safety Rules prior to the commission issuing LPG Form 4. The commission shall notify the licensee of the date and time for inspection at least 24 hours in advance.
- (1) If the unit does not comply, the commission may not register or transfer the unit until it is brought into compliance.
- (2) If a commission inspection reveals that an LP-gas transport is unsafe for LP-gas service, the commission shall not issue LPG Form 4 until the operator makes the required corrections and notifies the commission, and the commission determines that the unit is in compliance.
- (h) If an LPG Form 4 decal on a unit currently registered with the commission is destroyed, lost, or damaged, the operator of that vehicle shall obtain a replacement decal by filing LPG Form 18B with the commission.
Source Note:The provisions of this §9.15 adopted to be effective January 1, 1976; amended to be effective August 14, 1977, 2 TexReg 2942; amended to be effective October 3, 1980, 5 TexReg 3794; amended to be effective November 28, 1983, 8 TexReg 4743; amended to be effective November 1, 1985, 10 TexReg 1322; amended to be effective January 4, 1988, 12 TexReg 4836; amended to be effective June 1, 1989, 14 TexReg 1919; amended to be effective November 15, 1990, 15 TexReg 5925; amended to be effective October 2, 1991, 16 TexReg 5135; amended to be effective October 15, 1993, 18 TexReg 6443; amended to be effective June 1, 1994, 19 TexReg 3149; amended to be effective June 13, 1995, 20 TexReg 3983; amended to be effective March 2, 1998, 23 TexReg 1943.