1. (a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.

   1. (1) Commission--The Railroad Commission of Texas.
   2. (2) Committee--The LP-Gas Advisory Committee of the Railroad Commission of Texas.
   3. (3) Consumer representative--A member of the committee who is not engaged in the business of producing, distributing or retailing LP-gas and who is not engaged in the business of designing, manufacturing, distributing or retailing LP-gas equipment or performing LP-gas-related research or other services, but who is either an end user of LP-gas fuel, including but not limited to a consumer of odorized LP-gas as a residential or commercial heating or water-heating fuel, as an automotive or other transportation fuel, or as an agricultural or industrial fuel, or a representative from a governmental agency with a direct interest in LP-gas usage and safety.
   4. (4) Division--The Liquefied Petroleum Gas Division of the Railroad Commission of Texas.
   5. (5) Fiscal year--September 1 of a year through August 31 of the following year.
   6. (6) Industry representative--A member of the committee who is engaged in the business of producing, distributing or retailing LP-gas or who is engaged in the business of designing, manufacturing, distributing or retailing LP-gas equipment or performing LP-gas-related research or other services.
   7. (7) Local government representative--A member of the committee who is a fire marshal for a city or county.
   8. (8) LP-gas--Liquefied petroleum gas (LPG), as that term is defined in Texas Natural Resources Code, Chapter 113.
   9. (9) Member--An industry representative, a consumer representative, or a representative of local government who serves on the LP-Gas Advisory Committee of the Railroad Commission of Texas.
   10. (10) Presiding officer--The chairman of the LP-Gas Advisory Committee of the Railroad Commission of Texas.
2. (b) Establishment; Duration. The LP-Gas Advisory Committee of the Railroad Commission of Texas is hereby established effective January 1, 1995. The committee is abolished on December 1, 1998, unless the commission amends this subsection to establish a different date.
3. (c) Purpose and Duties. The purpose of the committee is to give the commission the benefit of the members' collective business, environmental, and technical expertise and experience to help the commission regulate the safe use of LP-gas. The committee's sole duty is to advise the commission. The committee has no executive or administrative powers or duties with respect to the operation of the division. All such powers and duties rest solely with the commission.
4. (d) Composition of Committee; Membership Terms. The committee shall be composed of 12 members, 11 of whom shall be voting members. The 11 voting members shall include five LP-gas consumers, five members of the LP-gas industry, and one representative from local government, all of whom serve at the pleasure of the commission, for a period of two years. The director of the Liquefied Petroleum Gas Division shall serve as an ex officio, non-voting member of the committee.
5. (e) Nominations for Committee Membership. Any person may nominate a candidate or candidates for membership on the committee. Nominations shall be made in writing and submitted by November 15, 1994, for the initial committee, and by January 1 of each odd-numbered year thereafter. Nominations may be submitted to the commission, a commissioner, or the director of the division for transmission to the commission.
6. (f) Appointment of Members. All members of the committee are appointed by and serve at the pleasure of the commission. The commission shall appoint members of the first committee by January 1, 1995, and by August 31 of each odd-numbered year thereafter, such that the composition of the committee meets the requirements of subsection (d) of this section. If a member resigns or otherwise vacates his or her position prior to the end of his or her term, the commission shall appoint a replacement who shall serve the remainder of the unexpired term.
7. (g) Reimbursement of Members' Expenses. The commission shall not reimburse members for travel or other expenses related to service on the committee.
8. (h) Presiding Officer; Other Officers. The committee shall elect from its members a presiding officer who shall report the committee's advice and attendance in writing to the commission. The committee may elect other officers at its pleasure.
9. (i) Subcommittees. The committee may organize itself into subcommittees. One member of each subcommittee shall serve as the chair of that subcommittee. The subcommittee chairs shall make written reports regarding their subcommittee's work to the presiding officer.
10. (j) Meetings. The committee shall meet at the call of the presiding officer or the commission. Committee and subcommittee meetings are open to the public.
11. (k) Committee Records. The division staff shall record and maintain the originals of the minutes of each committee and subcommittee meeting. The division shall maintain a record of actions taken by the committee and shall distribute copies of approved minutes and other committee documents to the commission and the committee members.

12. (l) Evaluation of Committee Costs and Benefits. By October 1 of each year, the division director shall evaluate for the previous fiscal year and report to the commission:

    1. (1) the committee's work;
    2. (2) the committee's usefulness; and
    3. (3) the costs related to the committee's existence, including the cost of commission staff time spent in support of the committee's activities.
13. (m) Report to Legislative Budget Board. The commission shall biennially report to the Legislative Budget Board the information developed under subsection (l) of this section in evaluating the committee's costs and benefits.

Source Note:The provisions of this §9.32 adopted to be effective October 18, 1994, 19 TexReg 7898.