1. (a) Examination general provisions.

   1. (1) No individual may work or be employed in any capacity which requires contact with LP-gas or LP-gas systems until that individual has submitted to and passed a commission examination which measures the competency of that individual to perform the LP-gas related activities anticipated, and tests working knowledge of the Texas Natural Resources Code and the LP-gas safety rules related to the type of LP-gas work anticipated. Table 1 of this section sets forth specific requirements for employee level examinations for each category of license. (Management level examinations are available for each category of license.) This section applies to all licensees and their employees who perform LP-gas related activities, and also applies to any ultimate consumer who has purchased, leased, or obtained other rights in any vessel defined as an LP-gas transport by this chapter including any employee of such ultimate consumer if that employee drives or in any way operates such an LP-gas transport. Driving a motor vehicle powered by LP-gas or fueling of motor vehicles for an ultimate consumer by the ultimate consumer or its employees do not in themselves constitute LP-gas related work. Only paragraph (2) of this subsection applies to an employee of a state agency or institution, county, municipality, school district, or other governmental subdivision.

2. (b) 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 management examination and any service and installation employee level examination for Categories D, E, K, or N, excluding an engine fuel examination, and applicable seminar or course of instruction requirements by submitting to the commission the following information:

      1. (A) LPG Form 16B;
      2. (B) a $15 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 examinations required to work for a licensee in a category other than D, E, K, or N; or
      3. (C) the individual successfully completes all examination and licensing requirements for another category of license.
   4. (4) The examination exemption accrues to the applicant and is nontransferable.
   5. (5) Any individual granted such exemption shall maintain certified status at all times. Upon failure to maintain certified status, all affected LP-gas operations shall cease immediately until proper status has been regained.
   6. (6) In order to maintain certified status, each individual issued an examination exemption card shall pay a $10 annual renewal fee to the commission on or before May 31st each year. Failure to pay the $10 annual renewal fee by the May 31st deadline 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 $10 annual renewal fee plus a $10 late-filing fee and submit proof of successful completion of all examinations required for the certification to the commission. Failure to do so shall result in the expiration of the certification. If an individual's certification has been expired for more than two years, that individual shall comply with the requirements of subsection (b) of this section.
   7. (7) Each applicant for license who plans to substitute an individual as noted in §9.5(g)(2) of this title (relating to Licensing Requirements) 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 license revoked either by the Texas State Board of Plumbing Examiners or Department of Licensing and Regulation, that individual shall immediately cease performing any LP-gas activity granted by this section. The examination exemption card shall be returned immediately to the commission and all rights and privileges surrendered.
   9. (9) Applicants for license or licensees who qualify for the general installers and repairmen exemption are not required to take the one-hour course of instruction specified in §9.5(i)(1)(A) of this title (relating to Licensing Requirements).

3. (c) Trainees.

   1. (1) Notwithstanding the examination requirements set forth in this section, a licensee or ultimate consumer may employ an individual as a trainee for a period not to exceed 45 days, without that individual having successfully completed the necessary examination, subject to the following conditions.

      1. (A) The trainee shall be directly and individually supervised at all times by an individual who has successfully completed the commission examination for the areas of work being performed by the trainee.
      2. (B) The licensee or ultimate consumer shall ensure that an LPG Form 16 is on file with the commission for each employee in training at the time that the trainee begins supervised LP-gas activities.
      3. (C) No trainee may perform any LP-gas work for which he or she is not currently certified while unsupervised.
   2. (2) A trainee who fails a commission examination shall cease to perform any LP-gas related activities covered by the examination failed. A trainee who has been in training for a total period of 45 days, in any combination and with any number of employers, shall cease to perform any LP-gas activities for which he or she is not currently certified.
   3. (3) A trainee who continues to work in violation of this subsection may be held responsible for the violation. An employer who employs an individual in violation of this subsection may be held responsible for the violation. Possible penalties for violation are set forth in the Texas Natural Resources Code, Chapter 113. The commission may call an administrative hearing to show cause why a license should not be subject to revocation, suspension or probation, or any combination of these penalties.

4. (d) Examination fees. Each applicant shall pay to the commission the examination fee specified in this section in advance for each required examination. The fee is nonrefundable and shall be paid in full before each examination. An applicant who fails an examination shall pay the full examination fee for each subsequent examination.

   1. (1) The fee for a management level examination required for company representatives and operations supervisors for all license categories is $25.
   2. (2) The fee for all employee level examinations for all license categories is $10.

5. (e) Renewal of certified status.

   1. (1) In order to maintain certified status, each individual who has been qualified by examination shall pay the $25 annual renewal fee to the commission on or before the specified deadline. For 1996 only, the $25 annual renewal fee shall be paid by June 30th. For each year thereafter, the $25 annual renewal fee shall be due by May 31st. For each $25 fee, the Alternative Fuels Research and Education Division (AFRED) shall receive $15 to cover costs directly associated with the conducting of the training, including AFRED's necessary administrative costs.
   2. (2) Failure to pay the $25 annual renewal fee by the deadline specified in paragraph (1) of this subsection shall result in a lapsed certification. To renew a lapsed certification, the applicant shall pay the $25 annual renewal fee plus a $10 late-filing fee and submit proof of successful completion of all examinations required for the certification to the commission. Failure to do so shall result in the expiration of the certification. If an individual's certification has been expired for more than two years, that individual shall comply with the requirements of subsection (a) of this section.
   3. (3) Upon receipt of the annual renewal fee, late-filing penalty, and proof of successful completion of all examinations required, the commission shall verify that the individual's certification has not been suspended, revoked, or expired for more than two years. After verification, the commission shall renew the certification and the individual may resume LP-gas activities.
   4. (4) If an individual's certification lapses or expires, the individual shall immediately cease performance of all LP-gas activities which require certification.
6. (f) Certificate holders shall comply with other applicable Commission rules regarding training.

Source Note:The provisions of this §9.6 adopted to be effective November 1, 1985, 10 TexReg 3002; amended to be effective January 4, 1988, 12 TexReg 4836; amended to be effective June 1, 1989, 14 TexReg 1919; amended to be effective October 15, 1993, 18 TexReg 6443; amended to be effective March 22, 1995, 20 TexReg 1647; amended to be effective October 25, 1995, 20 TexReg 8449; 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.