Tex. Nat. Resources Code Section 113.081
License Requirement


(a)

Unless otherwise stated in this chapter, a person may not engage in any of the following activities unless that person has obtained a license from the commission authorizing that activity:

(1)

container activities: the assembly, repair, testing, sale, installation, or subframing of containers for use in this state, except that a license is not required for the sale of a new container of 96 pounds water capacity or less;

(2)

systems activities: the installation, service, and repair of systems for use in this state, including the laying or connecting of pipes and fittings connecting with or to systems or serving a system and appliances to be used with LP-gas as a fuel;

(3)

appliance activities: the service, installation, and repair of appliances used or to be used in this state in connection with systems using LP-gas as a fuel, except that a license is not required for installation or connection of manufactured unvented appliances to LP-gas systems by means of LP-gas appliance connectors, or where only duct or electrical work is performed to or on an LP-gas appliance; or

(4)

product activities: the sale, transportation, dispensation, or storage of LP-gas in this state, except that a license is not required to sell LP-gas where the vendor never obtains possessory rights to the product sold or where the product is transported or stored by the ultimate consumer for personal consumption only.

(b)

The licensing requirements of Subsection (a) apply to a person other than a political subdivision who installs or services a motor fuel system or mobile fuel system on a motor vehicle used in the transportation of the general public. Subsections (a)(1) and (a)(2) do not apply to intermodal containers or intermodal portable tanks constructed in accordance with United States Department of Transportation specifications.

(c)

The licensing requirements of Subsection (a) do not apply to a mobile home park operator who does not obtain any possessory rights to LP-gas products, and utilizes only LP-gas licensees in the installation and maintenance of the LP-gas containers and system. For purposes of this subsection, the term “mobile home park operator” means an individual or business entity owning or operating a place, divided into sites, at which the primary business is the rental or leasing of the sites to persons for use in occupying mobile homes as dwellings. “Mobile home” has the meaning set out in Chapter 1201 (Manufactured Housing), Occupations Code.

(d)

The commission by rule may exempt journeymen or master plumbers licensed by the Texas State Board of Plumbing Examiners from the license requirements of Subsection (a).

(e)

The commission by rule may exempt a person licensed under Chapter 1302 (Air Conditioning and Refrigeration Contractors), Occupations Code, from the license requirements of Subsection (a).

(f)

No license is required by an original manufacturer of a new motor vehicle powered by LPG or subcontractor of such a manufacturer who produces a new LPG-powered vehicle for the manufacturer.

(g)

The commission by rule may establish reasonable conditions for licensing and exemptions from license requirements for a state agency or institution, county, municipality, school district, or other governmental subdivision.
Amended by Acts 1979, 66th Leg., p. 2031, ch. 799, Sec. 1, eff. Sept. 1, 1980; Acts 1983, 68th Leg., p. 5428, ch. 1011, Sec. 1, eff. Aug. 29, 1983; Acts 1985, 69th Leg., ch. 911, Sec. 1, eff. Aug. 26, 1985; Acts 1989, 71st Leg., ch. 533, Sec. 1, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 725, Sec. 4, eff. Aug. 26, 1991; Acts 1993, 73rd Leg., ch. 1016, Sec. 3, eff. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 239, Sec. 2, eff. Sept. 1, 1995; Acts 2003, 78th Leg., ch. 1276, Sec. 14A.797, eff. Sept. 1, 2003.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 56 (H.B. 2714), Sec. 3, eff. September 1, 2019.

Source: Section 113.081 — License Requirement, https://statutes.­capitol.­texas.­gov/Docs/NR/htm/NR.­113.­htm#113.­081 (accessed May 18, 2024).

113.001
Title
113.002
Definitions
113.003
Exceptions
113.011
Regulation of Liquefied Petroleum Gas Activities
113.014
Employees
113.015
Funds for Financing Regulation of Lpg Activities
113.051
Adoption of Rules and Standards
113.052
Adoption of National Codes
113.053
Effect on Certain Containers
113.054
Effect on Other Law
113.080
Definitions
113.081
License Requirement
113.082
Categories of Lp-gas Activities
113.083
Liquefied Petroleum Gas Emergency
113.084
Application
113.087
Course of Instruction, Examination, and Seminar Requirements
113.088
Examination
113.089
Special Requirements for Licensing
113.090
Filing and Registration Fees
113.091
License Denial
113.092
License Issuance
113.093
License Renewal
113.094
Staggered Renewal of Licenses
113.095
License and Examination by Endorsement: Out-of-state License or Certification
113.096
Provisional License
113.097
Insurance Requirement
113.098
Insurance Conditions
113.099
Statements in Lieu of Insurance Certificates
113.131
Transport Trucks and Trailers
113.133
Motor Carrier Laws
113.134
Department of Public Safety
113.161
Violations of Chapter or Rules
113.162
Hearings
113.163
Denial, Refusal to Renew, or Revocation of License or Registration for an Exemption in Event of Violation
113.164
Appeal
113.201
Deposit and Expenditure of Fees and Funds
113.231
Injunctions
113.232
General Penalty
113.233
Entry for Inspection and Investigation
113.234
Warning Tag
113.235
Supplying or Removing Lpg After Warning Tag Attached
113.236
Penalty for Unauthorized Removal of Tag
113.301
Limitation of Liability of Licensed Installer or Servicer
113.351
Definitions
113.352
Duty to Test for Leakage
113.353
Requirements of Test
113.354
Notice of Test
113.355
Termination of Service
113.356
Report to Board of Trustees
113.357
Enforcement
113.401
Notice Required
113.0511
Limitations on Rulemaking Authority
113.0815
Registration of Container Manufacturers and Fabricators
113.0955
Certification and Examination by Endorsement: Nationally Recognized Training

Accessed:
May 18, 2024

§ 113.081’s source at texas​.gov