1. (a) A prospective licensee may apply to the commission for one or more licenses specified in subsection (c)(1)-(16) of this section. Fees required to be paid shall be those established by the commission and in effect at the time of licensing or renewal.
2. (b) An original manufacturer of a new motor vehicle powered by LP-gas, or a subcontractor of a manufacturer who produces a new LP-gas powered motor vehicle for the manufacturer, is not subject to the licensing requirements of this title, but shall comply with all other LP-Gas Safety Rules.

3. (c) The license categories and fees are as follows.

   1. (1) A Category A license for container manufacturers and/or fabricators authorizes the manufacture, fabrication, assembly, repair, installation, subframing, testing, and sale of LP-gas containers, including LP-gas motor or mobile fuel containers and systems, and the repair and installation of transport and transfer systems. The original license fee is $1,000; the renewal fee is $600.
   2. (2) A Category B license for transport outfitters authorizes the subframing, testing, and sale of LP-gas transport containers, the testing of LP-gas storage containers, the installation, testing, and sale of LP-gas motor or mobile fuel containers and systems, and the installation and repair of transport systems and motor or mobile fuel systems. The original license fee is $400; the renewal fee is $200.
   3. (3) A Category C license for carriers authorizes the transportation of LP-gas by transport, including the loading and unloading of LP-gas, and the installation and repair of transport systems. The original license fee is $1,000; the renewal fee is $300.
   4. (4) A Category D license for general installers and repairmen authorizes the sale, service, and installation of containers, excluding motor fuel containers, and the service, installation, and repair of piping, certain appliances as defined by rule, excluding recreational vehicle appliances and LP-gas systems, and motor fuel and recreational vehicle systems. The service and repair of an LP-gas appliance not required by the manufacturer to be vented to the atmosphere is exempt from Category D licensing. The installation of these unvented appliances to LP-gas systems by means of LP-gas appliance connectors is also exempt from Category D licensing. The original license fee is $100; the renewal fee is $70.
   5. (5) A Category E license for retail and wholesale dealers authorizes the storage, sale, transportation, and distribution of LP-gas at retail and wholesale dealers, and all other activities included in this section, except the manufacture, fabrication, assembly, repair, subframing, and testing of LP-gas containers, and except the sale and installation of LP-gas motor or mobile fuel systems that have an engine with a rating of more than 25 horsepower. The original license fee is $750; the renewal is $300.
   6. (6) A Category F license for cylinder filling authorizes the operation of a cylinder filling facility, including cylinder filling, the sale of LP-gas in cylinders, and the replacement of cylinder valves. The original license fee is $100; the renewal fee is $50.
   7. (7) A Category G license for dispensing stations authorizes the operation of LP-gas dispensing stations filling ASME containers designed for motor or mobile fuel. The original license fee is $100; the renewal is $50.
   8. (8) A Category H license for cylinder dealers authorizes the transportation and sale of LP-gas in cylinders. The original license fee is $1,000; the renewal is $300.
   9. (9) A Category I license for service stations and cylinder filling authorizes any service station and cylinder activity set out in Category F and Category G of this section. The original license fee is $150; the renewal is $70.
   10. (10) A Category J license for service stations and cylinder facilities authorizes the operation of a cylinder filling facility, including cylinder filling and the sale, transportation, installation, and connection of LP-gas in cylinders, the replacement of cylinder valves, and the operation of an LP-gas service station as set out in Category G. The original license fee is $1,000; the renewal is $300.
   11. (11) A Category K license for distribution systems authorizes the sale and distribution of LP-gas through mains or pipes, and the installation and repair of LP-gas systems. The original license fee is $1,000; the renewal is $300.
   12. (12) A Category L license for engine fuel authorizes the sale and installation of LP-gas motor or mobile fuel containers, and the sale and installation of LP-gas motor or mobile fuel systems. The original license fee is $100; the renewal is $50.
   13. (13) A Category M license for recreational vehicle installers and repairmen authorizes the sale, service, and installation of recreational vehicle containers, and the installation, repair, and service of recreational vehicle appliances, piping, and LP-gas systems, including recreational vehicle motor or mobile fuel systems and containers. The original license fee is $100; the renewal is $70.
   14. (14) A Category N license for manufactured housing installers and repairmen authorizes the service and installation of containers that supply fuel to manufactured housing, and the installation, repair, and service of appliances and piping systems for manufactured housing. The original license fee is $100; the renewal is $70.
   15. (15) A Category O license for testing laboratories authorizes the testing of LP-gas containers, LP-gas motor fuel systems or mobile fuel systems, transfer systems, and transport systems for the purpose of determining the safety of the containers or systems for LP-gas service, including the necessary installation, disconnection, reconnection, testing, and repair of LP-gas motor fuel systems or mobile fuel systems, transfer systems, and transport systems involved in the testing of containers. The original license fee is $400; the renewal is $100.
   16. (16) A Category P license for portable cylinder exchange authorizes the operation of a portable cylinder exchange service, where the sale of LP-gas is within a portable cylinder with an LP-gas capacity not to exceed 21 pounds, where the portable cylinders are not filled on site, and where no other LP-gas activity requiring a license is conducted. The original license fee is $100; the renewal fee is $50.

4. (d) Fees for rules examinations.

   1. (1) Individuals wishing to take a management-level rules examination (for company representatives or operations supervisors) shall pay a nonrefundable fee of $50 before taking any such examination.
   2. (2) Individuals wishing to take an employee-level rules examination (for employees other than company representatives or operations supervisors) shall pay a nonrefundable fee of $20 before taking any such examination.

5. (e) General Installers and Repairmen Exemption.

   1. (1) Any individual who is currently licensed as a master or journeyman plumber by the Texas State Board of Plumbing Examiners or who is currently licensed with a Class A or B Air Conditioning and Refrigeration Contractors License issued by the Department of Licensing and Regulation may apply for and be granted an exemption to the Category D training or continuing education requirements, and any service and installation employee training or continuing education requirements for Categories D, E, K, or N only by submitting to the commission the following:

      1. (A) LPG Form 16B;
      2. (B) a $30 original filing fee; and
      3. (C) any information the commission may reasonably require.
   2. (2) This exemption does not become effective until the examination exemption card is issued by the commission.

   3. (3) An individual who holds a general installers and repairmen exemption shall not perform LP-gas related activities unless:

      1. (A) that individual works for a properly licensed Category D, E, K, or N licensee;
      2. (B) the individual successfully completes the applicable employee-level training or continuing education required to work for a licensee in a category other than D, E, K, or N; or
      3. (C) the individual successfully completes all training or continuing education requirements for a category of license other than Category D, E, K, or N.
   4. (4) The examination exemption accrues to the individual and is nontransferable.
   5. (5) Any individual granted such exemption shall maintain certified status at all times. Upon failure to maintain certified status, the individual shall immediately cease all affected LP-gas activities until proper status has been regained.
   6. (6) In order to maintain certified status, each individual issued an examination exemption card shall pay a $20 annual renewal fee to the commission on or before May 31 of each year. Failure to pay the annual renewal fee by May 31 shall result in a lapsed certification. If an individual's certification lapses, that individual shall cease all LP-gas activities until certified status has been renewed. To renew a lapsed certification, the applicant shall pay the $20 annual renewal fee plus a $20 late- filing fee. Failure to do so shall result in the expiration of the examination exemption. If an individual's examination exemption has been expired for more than two years, that individual shall complete all requirements necessary to apply for a new exemption.
   7. (7) Each applicant for exemption who plans to substitute an individual as noted in §9.8(a)(3) of this title (relating to designation and responsibilities of company representatives and operations supervisors (branch managers)) for its company representative or operations supervisor may do so provided that individual complies with all of the other requirements.
   8. (8) Any individual who is issued this exemption agrees to comply with the current edition of the LP-gas safety rules. In the event the exempt individual surrenders, fails to renew, or has the licensed revoked either by the Texas State Board of Plumbing Examiners or the Department of Licensing and Regulation, that individual shall immediately cease performing any LP-gas activities granted by this section. The examination exemption card shall be returned immediately to the commission and all rights and privileges surrendered.
   9. (9) Individuals who comply with the general installers and repairmen exemption are not required to participate in the continuing education or training requirements specified in the applicable rules in this chapter.

Source Note:The provisions of this §9.4 adopted 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 October 25, 1995, 20 TexReg 8449; amended to be effective September 15, 1997, 22 TexReg 8979; amended to be effective August 30, 1999, 24 TexReg 6728.