TX NATURAL RESOURCES CODE

TITLE 3. OIL AND GAS

SUBTITLE A. ADMINISTRATION

CHAPTER 113. LIQUEFIED PETROLEUM GAS

SUBCHAPTER H. ENFORCEMENT



§ 113.231. INJUNCTIONS.
     (a) On request of the commission, the attorney general may bring an action in the name and on behalf of the state to enjoin a person from committing any act that violates or does not comply with any provision of this chapter or of any rule promulgated under this chapter.
     (b) A suit for injunction instituted pursuant to Subsection (a) of this section shall be in addition to any other remedies at law or in equity.
     (c) A district court of any county in which it is shown that all or part of the acts have been or are about to be committed has jurisdiction of an action brought under Subsection (a) of this section.
     (d) No bond for injunction may be required of the commission or the attorney general in relation to a proceeding instituted pursuant to Subsection (a) of this section. Amended by Acts 1979, 66th Leg., p. 2031, ch. 799, § 1, eff. Sept. 1, 1980.

§ 113.232. GENERAL PENALTY.
     (a) In addition to injunctive relief and other penalties provided in this chapter, a person who knowingly violates or fails to comply with this chapter or rules adopted under this chapter is guilty of a Class C misdemeanor and is punishable by a fine of not less than $100 nor more than the maximum fine as set out in Section 12.23 of the Penal Code.
     (b) A person previously convicted under Subsection (a) of this section who knowingly violates or fails to comply with this chapter is guilty of a Class A misdemeanor punishable by a fine of not less than the maximum fine allowed by law for a Class C misdemeanor, nor more than the maximum fine as set out in Section 12.21 of the Penal Code.
     (c) A penalty prescribed by this section is in addition to injunctive relief and other penalties provided by this chapter.
     (d) Each day the violation or failure to comply continues constitutes a separate offense. Amended by Acts 1979, 66th Leg., p. 2031, ch. 799, § 1, eff. Sept. 1, 1980; Acts 1983, 68th Leg., p. 5429, ch. 1011, § 2, eff. Aug. 29, 1983; Acts 1987, 70th Leg., ch. 325, § 12, eff. June 11, 1987.

§ 113.233. ENTRY FOR INSPECTION AND INVESTIGATION.
     (a) An inspector, employee, or agent of the commission may enter the premises of a licensee under this chapter or any building or other premises open to the public at any reasonable time for the purpose of determining and verifying compliance with this chapter and the safety rules of the commission. This same authority shall extend to private property with the permission of the owner of such private property or an authorized agent of the owner.
     (b) Any authorized representative of the commission may enter any buildings or premises where an accident has occurred in which LP-gas was a probable cause for purposes of investigating the cause, origin, and circumstances of such accident. The commission may request that any state or local authority having jurisdiction take appropriate action, to the extent permitted by law, as may be necessary for preservation of property and premises. Amended by Acts 1979, 66th Leg., p. 2031, ch. 799, § 1, eff. Sept. 1, 1980; Acts 1985, 69th Leg., ch. 911, § 2, eff. Aug. 26, 1985; Acts 2001, 77th Leg., ch. 1233, § 49, eff. Sept. 1, 2001.

§ 113.234. WARNING TAG.
     An inspector, employee, or agent of the commission may declare any container, appliance, equipment, transport, system, or LP-gas operation that does not conform to the safety requirements of this chapter or rules adopted under this chapter, or which is otherwise defective, as unsafe or dangerous for LP-gas service and shall attach a warning tag in a conspicuous location. Amended by Acts 1979, 66th Leg., p. 2031, ch. 799, § 1, eff. Sept. 1, 1980; Acts 1987, 70th Leg., ch. 325, § 13, eff. June 11, 1987.

§ 113.235. SUPPLYING OR REMOVING LPG AFTER WARNING TAG ATTACHED.
     (a) Any person who knowingly sells, furnishes,
      delivers, or supplies LPG for storage in or use or consumption by or through a container, appliance, transport, or system to which a warning tag is attached is guilty of a misdemeanor and on conviction is punishable by a fine of not less than $50 and not more than $2,000.
     (b) LP-gas shall be removed from a container to which a warning tag is attached only under the direction of the commission.
     (c) In an emergency situation and for immediate need, the commission may allow a reasonable amount of LP-gas to be introduced into a container or may allow an LP-gas system or an LP-gas appliance to be placed into LP-gas service, for a reasonable time period provided the reasons for the warning tag have been eliminated.

Added by Acts 1979, 66th Leg., p. 2031, ch. 799, § 1, eff. Sept. 1, 1980. Amended by Acts 1991, 72nd Leg., ch. 725, § 13, eff. Aug. 26, 1991.

§ 113.236. PENALTY FOR UNAUTHORIZED REMOVAL OF TAG.
     An unauthorized person who knowingly removes, destroys, or in any way obliterates a warning tag attached to a container, appliance, transport, or system is guilty of a misdemeanor and on conviction is punishable by a fine of not less than $50 and not more than $2,000.

Added by Acts 1979, 66th Leg., p. 2031, ch. 799, § 1, eff. Sept. 1, 1980.