Current through Reg. 49, No. 12; March 22, 2024
(a) A prospective
licensee may apply to AFS for one or more licenses specified in subsection
(b)(1) - (7) of this section. Fees required to be paid by subsection (b)(1) -
(7) of this section shall be paid at the time of application or
renewal.
(b) The license categories
and fees are as follows.
(1) A Category 1
license for container assembly and repair authorizes the assembly, repair,
testing, sale, installation, and subframing of ASME or DOT CNG containers. A
Category 1 license includes all activities covered by both the Category 1A and
1B licenses. The original license fee is $1,000; the renewal fee is
$600.
(2) A Category 1A license for
ASME container assembly and repair authorizes the assembly, repair, testing,
sale and installation of ASME containers. The original license fee is $1,000;
the renewal fee is $600.
(3) A
Category 1B license for U.S. Department of Transportation (DOT) container
assembly and repair authorizes the assembly, repair, testing, sale,
installation, and subframing, of CNG DOT containers. The original license fee
is $1,000; the renewal fee is $600.
(4) A Category 2 license for general
installers and repairmen authorizes the sale, installation, service, or repair
of CNG systems, including cylinders. The original license fee is $300; the
renewal fee is $150.
(5) A Category
3 license for retail and wholesale dealers authorizes the sale, storage,
transportation for delivery, or dispensing of CNG for use other than by an
ultimate consumer, and the sale, installation, service, or repair of CNG
systems as set out in Categories 2 and 5. The original license fee is $750; the
renewal fee is $300.
(6) A Category
4 license for testing laboratories authorizes the testing of CNG cylinders. The
original license fee is $400; the renewal fee is $200.
(7) A Category 5 license for service stations
or cylinder exchangers authorizes the operation of a CNG service station,
including filling CNG cylinders, or the operation of a cylinder exchange
dealership, including filling CNG cylinders, the sale of CNG in cylinders, the
sale of CNG cylinders, and the replacement of cylinder valves. The original
license fee is $150; the renewal fee is $70.
(c) A container manufacturer registration
authorizes the manufacture, assembly, repair, subframing, testing and sale of
CNG containers. The original registration fee is $1,000; the renewal fee is
$600.
(d) A military service
member, military veteran, or military spouse shall be exempt from the original
license fee specified in subsection (b) of this section pursuant to the
requirements in §
13.76 of this title (relating to
Military Fee Exemption). An individual who receives a military fee exemption is
not exempt from the renewal or transport registration fees specified in
subsection (p) of this section and §
13.69 of this title (relating to
Registration and Transfer of CNG Cargo Tanks or Delivery Units).
(e) In addition to NFPA 55 §7.1.12, no
person may engage in CNG activities until that person has obtained a license
from the Commission authorizing that activity, except as follows:
(1) A state agency or institution, county,
municipality, school district or other governmental subdivision is exempt from
licensing requirements as provided in Texas Natural Resources Code, §
116.031(d),
if the entity is performing CNG activities on its own behalf, but is required
to obtain a license to perform CNG activities for or on behalf of a second
party.
(2) An ultimate consumer is
not subject to the licensing requirements of this chapter in order to perform
those CNG activities dealing only with the ultimate consumer; however, a
license is required to register a transport or cylinder delivery unit. An
ultimate consumer's license does not require a fee or a company
representative.
(3) An original
manufacturer of a new motor vehicle powered by CNG or a subcontractor of a
manufacturer who produces a new CNG powered motor vehicle for the manufacturer
is not subject to the licensing requirements of this chapter, but shall comply
with all other rules in this chapter.
(f) A license obtained by an individual,
partnership, corporation, or other legal entity shall extend to the entity's
employees who are performing CNG activities, provided that each employee is
properly certified as required by this chapter.
(g) An applicant for license shall not engage
in CNG activities until it has employed a company representative who meets the
requirements of §
13.72 of this title (relating to
Designation and Responsibilities of Company Representative and Operations
Supervisor).
(h) Licensees,
registered manufacturers, company representatives, and operations supervisors
at each outlet shall have copies of all current licenses and/or manufacturer
registrations and certification cards for employees at that location available
for inspection during regular business hours. In addition, licensees and
registered manufacturers shall maintain a current version of the rules in this
chapter and any adopted codes covering CNG activities performed by the licensee
or manufacturer, and shall provide at least one copy of all publications to
each company representative and operations supervisor. The copies shall be
available to employees during business hours.
(i) Licenses or manufacturer registrations
issued under this chapter expire one year after issuance at midnight on the
last day of the month previous to the month in which they are issued.
(j) If a license or registration expires, the
person shall immediately cease CNG activities.
(k) Applicants for a new license shall file
with AFS:
(1) a properly completed CNG Form
1001 listing all names under which CNG related activities requiring licensing
are to be conducted and the applicant's properly qualified company
representative, and the following forms or documents as applicable:
(A) CNG Form 1001A if the applicant will
operate any outlets pursuant to subsection (l) of this section;
(B) CNG Form 1007, 1007A, or 1007T and any
information requested in §
13.69 of this title if the
applicant intends to register any CNG cargo tanks or container delivery
units;
(C) CNG Form 1019 if the
applicant will be transferring the operation of one or more existing retail
service stations;
(D) any form
required to comply with §
13.62 of this title (relating to
Insurance Requirements);
(E) a copy
of current certificate of account status if required by §
13.75 of this title (relating to
Franchise Tax Certification and Assumed Name Certificate); and/or
(F) copies of the assumed name certificates
if required by §
13.75 of this title; and
(2) payment for all applicable
fees.
(A) If the applicant submits the payment
by mail, the payment shall be in the form of a check, money order or printed
copy of an online receipt.
(B) If
the applicant pays the applicable fee online, the applicant shall submit a copy
of an online receipt via mail, email, or fax.
(l) A licensee shall submit CNG Form 1001A
listing all outlets operated by the licensee.
(1) Each outlet shall employ an operations
supervisor who meets the requirements of §
13.72 of this title.
(2) Each outlet shall be listed on the
licensee's renewal specified in subsection (m) of this section.
(m) Beginning February 15, 2021, a
prospective container manufacturer may apply to AFS to manufacture CNG
containers in the state of Texas. Beginning February 15, 2021, a person shall
not engage in the manufacture of CNG containers in this state unless that
person has obtained a container manufacturer's registration as specified in
this subsection.
(1) Applicants for container
manufacturer registration shall file with AFS CNG Form 1001M, and the following
forms or documents as applicable:
(A) any
form required by §
13.62 of this title;
(B) a copy of current certificate of account
status if required by §
13.75 of this title;
(C) copies of the assumed name certificates
if required by §
13.75 of this title;
(D) a copy of current DOT authorization. A
registered manufacturer shall not continue to operate after the expiration date
of the DOT authorization; and/or
(E) a copy of current ASME Code, Section VIII
certificate of authorization or "R" certificate. If ASME is unable to issue a
renewed certificate of authorization prior to the expiration date, the
manufacturer may request in writing an extension of time not to exceed 60
calendar days past the expiration date. The request for extension shall be
received by AFS 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 registered manufacturer shall not continue to
operate after the expiration date of an ASME certificate of authorization until
the manufacturer files a current ASME certificate of authorization with AFS or
AFS grants a temporary exception.
(2) By filing CNG Form 1001M, the applicant
certifies that it has read the requirements of this chapter and shall comply
with all applicable rules, regulations and adopted standards.
(3) The required fee shall accompany CNG Form
1001M. An original registration fee is $1,000; the renewal fee is $600.
(A) If submitted by mail, payment shall be by
check, money order, or printed copy of an online receipt.
(B) If submitted by email or fax, payment
shall be a copy of an online receipt.
(4) If a manufacturer registration expires or
lapses, the person shall immediately cease the manufacture, assembly, repair,
testing and sale of CNG containers in Texas.
(n) Applications for license or registration
must include a 24-hour emergency telephone number.
(o) AFS will review an application for
license or registration to verify all requirements have been met.
(1) If errors are found or information is
missing in the application or other documents, AFS will notify the applicant of
the deficiencies in writing.
(2)
The applicant must respond with the required information and/or documentation
within 30 days of the written notice. Failure to respond by the deadline will
result in withdrawal of the application.
(3) If all requirements have been met, AFS
will issue the license or manufacturer registration and send the license or
registration to the licensee or manufacturer, as applicable.
(p) For license and manufacturer
registration renewals:
(1) AFS shall notify
the licensee or registered manufacturer in writing at the address on file with
AFS of the impending license or manufacturer registration expiration at least
30 calendar days before the date the license or registration is scheduled to
expire.
(2) The renewal notice
shall include copies of applicable CNG Forms 1001, 1001A, and 1007, 1007A or
CNG Form 1001M showing the information currently on file.
(3) The licensee or registered manufacturer
shall review and return all renewal documentation to AFS with any necessary
changes clearly marked on the forms. The licensee or registered manufacturer
shall submit any applicable fees with the renewal documentation.
(4) Failure to meet the renewal deadline set
forth in this section shall result in expiration of the license or manufacturer
registration.
(5) If a person's
license or manufacturer registration expires, that person shall immediately
cease performance of any CNG activities authorized by the license or
registration.
(6) If a person's
license or manufacturer registration has been expired for 90 calendar days or
fewer, the person shall submit a renewal fee that is equal to 1 1/2 times the
renewal fee in subsection (a) of this section.
(7) If a person's license or manufacturer
registration has been expired for more than 90 calendar days but less than one
year, the person shall submit a renewal fee that is equal to two times the
renewal fee.
(8) If a person's
license or manufacturer registration has been expired for one year or longer,
that person shall not renew, but shall comply with the requirements for
issuance of an original license or manufacturer registration under subsections
(k) or (m) of this section.
(9)
After verification that the license or registered manufacturer has met all
requirements for licensing or manufacturer registration, AFS shall renew the
license or registration and send the applicable authorization to the licensee
or manufacturer.
(q)
Applicants for license or license renewal in the following categories shall
comply with these additional requirements.
(1)
An applicant for a Category 4 license or renewal shall file with AFS a
completed CNG Form 1505, certifying that the applicant will follow the testing
procedures indicated. CNG Form 1505 shall be signed by the appropriate CNG
company representative designated on CNG Form 1001.
(2) An applicant for Category 1,1B, or 4
license or renewal who tests tanks, subframes CNG cargo tanks, or performs
other activities requiring DOT registration shall file with AFS a copy of any
applicable current DOT registrations. Such registration shall comply with Title
49, Code of Federal Regulations, Part 107 (Hazardous Materials Program
Procedures), Subpart F (Registration of Cargo Tank and Cargo Tank Motor Vehicle
Manufacturers and Repairers and Cargo Tank Motor Vehicle Assemblers).
(3) An applicant for Category 1, 1A or 4
license or renewal who repairs or tests ASME containers shall file with AFS a
copy of its current ASME Code, Section VIII certificate of authorization or "R"
certificate. If ASME is unable to issue a renewed certificate of authorization
prior to the expiration date, the manufacturer may request in writing an
extension of time not to exceed 60 calendar days past the expiration date. The
request for extension shall be received by AFS 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 registered manufacturer shall not
continue to operate after the expiration date of an ASME certificate of
authorization until the manufacturer files a current ASME certificate of
authorization with AFS or AFS grants a temporary exception.
(r) Repair to a US DOT cylinder or
cargo tank is defined in 49
CFR §§
180.203,
180.403 and
180.413. Changes made to or
maintenance of a cylinder or cargo tank excluded from the definition of repair
in 49 CFR §§
180.203,
180.403 and
180.413 do not require a
license.
