TX NATURAL RESOURCES CODE

TITLE 3. OIL AND GAS

SUBTITLE A. ADMINISTRATION

CHAPTER 116. COMPRESSED NATURAL GAS

SUBCHAPTER C. LICENSING AND REGISTRATION



§ 116.031. LICENSE REQUIREMENT.
     (a) Unless otherwise provided in this chapter or by commission rule, a person shall be required to obtain a license from the commission to engage in any of the following activities:
          (1) work that includes the manufacture, assembly, repair, testing, sale, installation, or subframing of CNG cylinders or LNG containers for use in this state;
          (2) systems work that includes the sale, installation, modification, or servicing of CNG or LNG systems for use in this state, including the installation, modification, or servicing by any person, except a political subdivision, of a CNG or LNG motor fuel system or mobile fuel system on a vehicle used in the transportation of the general public; or
          (3) product work that includes the sale, storage, transportation for delivery, or dispensing of CNG or LNG in this state.
     (b) A license obtained by a partnership, corporation, or other legal entity extends to the entity's employees who are performing CNG or LNG work, provided that each employee is qualified and registered as required by rules adopted by the commission.
     (c) No license is required by an original vehicle manufacturer or a subcontractor of such manufacturer for the installation and sale of a new CNG or LNG system when such system is installed on a new original vehicle fueled by CNG or LNG.
     (d) The commission by rule may provide for the annual registration of all individuals performing CNG-related or LNG-related activities who are exempt from the licensing requirements of the commission. Employees of a political subdivision are not required to be licensed or registered under this chapter.

Added by Acts 1983, 68th Leg., p. 487, ch. 99, § 1, eff. Sept. 1, 1983. Amended by Acts 1993, 73rd Leg., ch. 227, § 1, eff. Sept. 1, 1993.

§ 116.032. LICENSE AND REGISTRATION FEES.
     (a) The commission shall adopt rules establishing registration fees and license categories and license fees to be charged for application for and issuance and renewal of a license or registration.
     (b) The commission by rule may establish reasonable fees for each category of license.

Added by Acts 1983, 68th Leg., p. 487, ch. 99, § 1, eff. Sept. 1, 1983. Amended by Acts 1993, 73rd Leg., ch. 227, § 1, eff. Sept. 1, 1993; Acts 2001, 77th Leg., ch. 1233, § 55, eff. Sept. 1, 2001.

§ 116.033. APPLICATION AND RENEWAL PROCEDURES.
     (a) The commission shall adopt rules establishing procedures for submitting and processing applications for issuance and renewal of licenses and for registration.
     (b) A person who is otherwise eligible to renew a license or registration may renew an unexpired license or registration by paying the required renewal fee to the commission before the expiration date of the license or registration. A person whose license or registration has expired may not engage in activities that require a license or registration until the license or registration has been renewed.
     (c) A person whose license or registration has been expired for 90 days or less may renew the license or registration by paying to the commission a renewal fee that is equal to 1-1/2 times the normally required renewal fee.
     (d) A person whose license or registration has been expired for more than 90 days but less than one year may renew the license or registration by paying to the commission a renewal fee that is equal to two times the normally required renewal fee.
     (e) A person whose license or registration has been expired for one year or more may not renew the license or registration. The person may obtain a new license or registration by complying with the requirements and procedures, including the examination requirements, for obtaining an original license or registration.
     (f) A person who was licensed or registered in this state, moved to another state, and is currently licensed or registered and has been in practice in the other state for the two years preceding the date of application may obtain a new license or registration without reexamination. The person must pay to the commission a fee that is equal to two times the normally required renewal fee for the license or registration.
     (g) Not later than the 30th day before the date a person's license or registration is scheduled to expire, the commission shall send written notice of the impending expiration to the person at the person's last known address according to the records of the commission.

Added by Acts 1983, 68th Leg., p. 487, ch. 99, § 1, eff. Sept. 1, 1983. Amended by Acts 1993, 73rd Leg., ch. 227, § 1, eff. Sept. 1, 1993; Acts 2001, 77th Leg., ch. 1233, § 56, eff. Sept. 1, 2001.

§ 116.034. EXAMINATION AND SEMINAR REQUIREMENTS.
     (a) The commission may adopt rules providing training and seminar attendance requirements and shall adopt rules providing examination requirements for persons who are required or who wish to be licensed or registered under this chapter.
     (b) The commission may adopt a reasonable fee to cover the cost of any training, examination, or seminar required by and sponsored or administered by the commission.
     (c) Before a license or registration may be issued, the person to be licensed or registered must satisfactorily complete any training, examinations, and seminars required by the commission.
     (d) Not later than the 30th day after the date a person takes a licensing or registration examination under this chapter, the commission shall notify the person of the results of the examination.
     (e) If the examination is graded or reviewed by a testing service:
          (1) the commission shall notify the person of the results of the examination not later than the 14th day after the date the commission receives the results from the testing service; and
          (2) if notice of the examination results will be delayed for longer than 90 days after the examination date, the commission shall notify the person of the reason for the delay before the 90th day.
     (f) The commission may require a testing service to notify a person of the results of the person's examination.
     (g) If requested in writing by a person who fails a licensing or registration examination administered under this chapter, the commission shall furnish the person with an analysis of the person's performance on the examination.
     (h) The commission may recognize, prepare, or administer continuing education programs for its licensees and registrants. A licensee or registrant must participate in the programs to the extent required by the commission to keep the person's license.

Added by Acts 1983, 68th Leg., p. 487, ch. 99, § 1, eff. Sept. 1, 1983. Amended by Acts 1993, 73rd Leg., ch. 227, § 1, eff. Sept. 1, 1993; Acts 2001, 77th Leg., ch. 1233, § 57, eff. Sept. 1, 2001; Acts 2005, 79th Leg., ch. 1038, § 1, eff. Sept. 1, 2005.

§ 116.0345. LICENSE OR REGISTRATION BY ENDORSEMENT.
     The commission may waive any prerequisite to obtaining a license or registration for an applicant after reviewing the applicant's credentials and determining that the applicant holds a license or registration issued by another jurisdiction that has licensing requirements substantially equivalent to those of this state.

Added by Acts 2001, 77th Leg., ch. 1233, § 58, eff. Sept. 1, 2001.

§ 116.0346. PROVISIONAL LICENSE OR REGISTRATION.
     (a) The commission may issue a provisional license or registration to an applicant currently licensed or registered in another jurisdiction who seeks a license or registration in this state and who:
          (1) has been licensed or registered in good standing for at least two years in another jurisdiction, including a foreign country, that has licensing or registration requirements substantially equivalent to the requirements of this chapter;
          (2) has passed a national or other examination recognized by the commission relating to the activities regulated under this chapter; and
          (3) is sponsored by a person licensed or registered by the commission under this chapter with whom the provisional license or registration holder will practice during the time the person holds a provisional license or registration.
     (b) The commission may waive the requirement of Subsection (a)(3) for an applicant if the commission determines that compliance with that subsection would be a hardship to the applicant.
     (c) A provisional license or registration is valid until the date the commission approves or denies the provisional license or registration holder's application for a license or registration. The commission shall issue a license or registration under this chapter to the provisional license or registration holder if:
          (1) the provisional license or registration holder is eligible to be licensed or registered under Section 116.0345; or
          (2) the provisional license or registration holder:
               (A) passes the part of the examination under Section 116.034 that relates to the applicant's knowledge and understanding of the laws and rules relating to the activities regulated under this chapter in this state;
               (B) meets the academic and experience requirements for a license or registration under this chapter; and
               (C) satisfies any other licensing or registration requirements under this chapter.
     (d) The commission must approve or deny a provisional license or registration holder's application for a license or registration not later than the 180th day after the date the provisional license or registration is issued. The commission may extend the 180-day period if the results of an examination have not been received by the commission before the end of that period.
     (e) The commission may establish a fee for provisional licenses or registrations in an amount reasonable and necessary to cover the cost of issuing the license or registration.

Added by Acts 2001, 77th Leg., ch. 1233, § 58, eff. Sept. 1, 2001.

§ 116.035. DENIAL OF LICENSE.
     The commission may deny issuance or renewal of a license or registration to any person who fails to qualify under the requirements of this chapter and rules adopted by the commission under this chapter. The commission shall give written notice to an applicant for the issuance or renewal of a license or for registration of the denial of the license or registration and the reasons for denial.

Added by Acts 1983, 68th Leg., p. 487, ch. 99, § 1, eff. Sept. 1, 1983. Amended by Acts 1993, 73rd Leg., ch. 227, § 1, eff. Sept. 1, 1993.

§ 116.036. INSURANCE REQUIREMENT.
     (a) All licensees must acquire and maintain appropriate workers' compensation or coverage for its employees under policies of work-related accident, disability, and health insurance, including coverage for death benefits, from an insurance carrier authorized to provide coverage in this state and other insurance coverage required by the commission in the amounts required by the commission.
     (b) Notwithstanding Subsection (a) of this section, a state agency or institution, county, municipality, school district, or other governmental subdivision may submit evidence of workers' compensation coverage by self-insurance if permitted by the Texas Workers' Compensation Act (Article 8308-1.01 et seq., Vernon's Texas Civil Statutes).
     (c) The commission shall adopt rules establishing specific requirements for insurance coverage under this chapter and evidence of such coverage. The types and amounts of insurance coverage required by the commission shall be based on the type and category of licensed activity. The commission by rule may allow a licensee to self-insure under Subsection (a) or (e) and by rule shall establish standards for that self-insurance.
     (d) The commission may not issue or renew a license, and a licensee may not perform any licensed activity unless the insurance coverage required by the commission's rules is in effect and evidence of that coverage is filed with the commission as required by commission rule.
     (e) Every motor vehicle operated in this state as a conveyance for a CNG or an LNG cargo tank must meet motor vehicle insurance requirements established by the commission.

Added by Acts 1983, 68th Leg., p. 487, ch. 99, § 1, eff. Sept. 1, 1983. Amended by Acts 1993, 73rd Leg., ch. 227, § 1, eff. Sept. 1, 1993; Acts 1997, 75th Leg., ch. 66, § 6, eff. Sept. 1, 1997.

§ 116.037. DISCIPLINARY ACTION.
     (a) The commission shall notify a licensee or registrant in writing if it finds probable violation or noncompliance with this chapter or the rules adopted under this chapter.
     (b) The notice shall specify the particular acts, omissions, or conduct comprising the alleged violation and shall designate a date by which the violation must be corrected or discontinued.
     (c) The licensee or registrant shall report timely compliance or shall request extension of time for compliance if considered necessary.
     (d) If a licensee or registrant objects to the complaint or requirements under this section, or if the commission determines that the licensee or registrant is not proceeding adequately to compliance, then, on written request of the licensee or registrant or order of the commission, a public hearing must be conducted.
     (e) If the commission or division determines that the probable violation or noncompliance constitutes an immediate danger to the public health, safety, and welfare, it shall require the immediate cessation of the probable violation or noncompliance and proceed with a hearing.
     (f) The commission shall revoke, suspend, or refuse to renew a license or registration or shall reprimand the licensee or registrant if the commission finds that the licensee or registrant has violated or failed to comply with or is violating or failing to comply with this chapter or a rule adopted under this chapter.
     (g) The commission may place on probation a person whose license or registration is suspended. If a license or registration suspension is probated, the commission may require the person:
          (1) to report regularly to the commission on matters that are the basis of the probation;
          (2) to limit practice to the areas prescribed by the commission; or
          (3) to continue or review professional education until the person attains a degree of skill satisfactory to the commission in those areas that are the basis of the probation.
     (h) Any party to a proceeding before the commission is entitled to judicial review under the substantial evidence rule.

Added by Acts 1983, 68th Leg., p. 487, ch. 99, § 1, eff. Sept. 1, 1983. Amended by Acts 1993, 73rd Leg., ch. 227, § 1, eff. Sept. 1, 1993; Acts 2001, 77th Leg., ch. 1233, § 59, 60, eff. Sept. 1, 2001.

§ 116.038. STAGGERED RENEWAL OF LICENSES.
     The commission by rule may adopt a system under which license and registration fees required by Section 116.032 of this code expire on various dates during the year. For the year in which the license and registration expiration dates are changed, license and registration fees payable on a specified date shall be prorated on a monthly basis so that each licensee shall pay only that portion of the license and registration fees that is allowable to the number of months during which the license and registration is valid. On renewal of the license and registration on the new expiration date, the total license and registration fees are payable.

Added by Acts 1993, 73rd Leg., ch. 227, § 1, eff. Sept. 1, 1993.