1. (a) Licensees shall maintain a copy of the current version of the LP-Gas Safety Rules published by the commission and shall provide at least one copy to each company representative and operations supervisor. The copies shall be available to employees during business hours. Failure to maintain the required number of copies may result in enforcement action such as penalties or suspension of licenses.
2. (b) Licensees, company representatives, and operations supervisors at each outlet shall have copies of all current licenses and examination identification cards for employees at that location available for inspection during regular business hours.
3. (c) Licenses issued under this chapter expire one year after issuance at midnight on the last day of the month prior to the month in which they are issued.

4. (d) License and renewal fees are specified in §9.4 of this title (relating to Categories of Licenses and Related Fees). During the first year when a license changes from an August 31 renewal date to a staggered renewal date, the commission will randomly assign new license renewal dates to be staggered throughout the year. License renewal fees shall be prorated by:

   1. (1) dividing the applicable renewal fee by 12; and
   2. (2) multiplying that amount by the number of months assigned to the new staggered license. Fractions will be rounded off to the nearest tenth of a dollar.
5. (e) Only licenses that are in effect during the time of the conversion to staggered renewal dates shall have prorated fees. New applicants for license shall pay all fees in full before the commission issues a license.

6. (f) When the commission assigns a new staggered license renewal date to a licensee, the commission shall notify the licensee of the new date at least 30 days in advance. For all subsequent renewals, the commission shall notify the licensee of the impending license expiration at least 15 days prior to the expiration date. Renewals shall be submitted to the commission along with the renewal fee specified in §9.4 of this title (relating to Categories of Licenses and Related Fees) on or before the last day of the month in which the license expires in order for the licensee to continue LP-gas activities. Failure to meet the renewal deadline set forth in this section shall result in expiration of the license. If a person's license expires, that person shall immediately cease performance of any LP-gas activities.

   1. (1) If a person's license has been expired for fewer than 90 days, the person shall submit a late-filing penalty of one-half the amount of the annual renewal fee in addition to the required annual renewal fee. Upon receipt of the annual renewal fee and late-filing penalty, the commission shall verify that the person's license has not been suspended, revoked, or expired for more than two years. After verification, if the licensee has met all other requirements for licensing, the commission shall renew the license, and the person may resume LP-gas activities.
   2. (2) If a person's license has been expired for 90 days but less than two years, the person shall submit a late-filing penalty equal to the amount of the annual renewal fee in addition to the required annual renewal fee. Upon receipt of the annual renewal fee and late-filing penalty, the commission shall verify that the person's license has not been suspended, revoked, or expired for more than two years. After verification, if the licensee has met all other requirements for licensing, the commission shall renew the license, and the person may resume LP-gas related activities.
   3. (3) If a person's license has been expired for more than two years, that person may not renew, but shall comply with the requirements for issuance of a new license.

7. (g) Applicants for license or license renewal shall file with the commission LPG Form 1 designating a company representative who shall be an owner or employee of the licensee, and shall be directly responsible for actively supervising LP-gas operations of the licensee. A licensee may have more than one company representative.

   1. (1) An applicant for license shall not engage in LP-gas activities governed by the Texas Natural Resources Code, Chapter 113, and the LP-Gas Safety Rules, until its company representative has successfully completed the management examination administered by the commission or, in the case of an applicant for a Category D license, has obtained a General Installers and Repairmen Exemption by following the requirements in §9.6(b) of this title (relating to Examination and Course of Instruction).
   2. (2) The licensee shall notify the commission in writing upon termination of its company representative of record and shall at the same time designate a replacement by submitting a new LPG Form 1.
   3. (3) The licensee shall cease operations if, at the termination of its company representative, there is no other qualified company representative of the licensee acknowledged and recorded by the commission at its Austin office. The licensee shall not resume operation until such time as it has a qualified company representative unless it has been granted an extension of time in which to comply under the Texas Natural Resources Code, Chapter 113.

8. (h) In addition to complying with other licensing requirements set out in the Texas Natural Resources Code, Chapter 113, and the LP-Gas Safety Rules, applicants for license or license renewal in the following categories shall comply with the specified additional requirements.

   1. (1) An applicant for a Category A license or renewal shall file with the commission for each of its outlets legible copies of:

      1. (A) its current Department of Transportation (DOT) authorization. A licensee shall not continue to operate after the expiration date of the DOT authorization; and/or
      2. (B) its current American Society of Mechanical Engineers (ASME) Code, Section VIII certificate of authorization. If ASME is unable to issue a renewed certificate of authorization prior to the expiration date, the licensee may request in writing an extension of time not to exceed 60 calendar days past the expiration date. The licensee's request for extension shall be received by the commission prior to the expiration date of the ASME certificate of authorization referred to in this section, and shall include a letter or statement from ASME that the agency is unable to issue the renewal certificate of authorization prior to expiration and that a temporary extension will be granted for its purposes. A licensee shall not continue to operate after the expiration date of an ASME certificate of authorization until the licensee files a current ASME certificate of authorization with the commission, or the commission grants a temporary exception.
   2. (2) A Category A or B licensee making repairs on ASME containers shall file with the commission a legible copy of its current "U" or "R" certificate of authorization for the repair of ASME containers by the National Board of Boiler and Pressure Vessel Inspectors.
   3. (3) An applicant for a Category B or O license or renewal shall file with the commission a properly completed LPG Form 505 certifying that the applicant will follow the testing procedures indicated. LPG Form 505 shall be signed by the appropriate LP-gas company representative designated on LPG Form 1.

9. (i) Course of instruction requirements are as follows.

   1. (1) Dates and locations of courses of instruction and seminars shall be listed in a schedule prepared by the commission which shall be published on a monthly basis, shall be posted in the Austin offices of the Gas Services and AFRED divisions, and shall be made available upon request and through electronic media.

      1. (A) The one-hour course of instruction for Category D, F, G, I, J, K, and L company representatives and operations supervisors shall be held in Austin and other selected sites around the state.
      2. (B) The 64-hour course of instruction for Category E shall be held in Austin or any other commission-approved facility at times to be determined by the commission, and shall include at least 64 hours of instruction. Course attendees shall pay the fee to the commission for the 64-hour course. The fee shall be established by the AFRED division director or the director's delegate, and may vary as needed to cover the costs for a particular seminar in any given location. The seminar fee does not include the required examination fee.
   2. (2) Company representative and operations supervisor applicants for new Category D, E, F, G, I, J, K, and L licenses shall attend and complete an approved course of instruction and shall within one year take the LP-gas management examination. Such applicants shall be exempt from the course of instruction if they have been in a qualified status for at least three years with an active licensee immediately prior to taking the management examination.
   3. (3) Attendance at a course of instruction is not required for Category A, B, C, H, M, N, O, and P company representatives and operations supervisors.
   4. (4) The assistant director for the LP-Gas Section of the Gas Services Division may, for good cause shown, allow an individual to become conditionally qualified as a Category D, E, F, G, I, J, K, and L company representative or operations supervisor by taking the management examination if that individual attends and completes the appropriate course of instruction no more than 100 days after taking and passing the management examination. If such individual fails to complete the course of instruction within the time granted by the assistant director, the conditional qualification shall be voided.

Source Note:The provisions of this §9.5 adopted to be effective June 13, 1995, 20 TexReg 3983; amended to be effective May 21, 1996, 21 TexReg 4014; amended to be effective September 15, 1997, 22 TexReg 8979; amended to be effective December 22, 1997, 22 TexReg 12485.