16 TAC §9.2, §9.52
The Railroad Commission of Texas adopts amendments to §9.2
and §9.52, relating to Definitions, and Training and Continuing Education
Courses, without changes from the versions published in the February 24, 2006,
issue of the
Texas Register
(31 TexReg 1151).
The Commission adopts these amendments to clarify some wording and procedures
for the training and continuing education requirements, and to add a procedure
by which certificate holders may receive continuing education credit for completing
certain Certified Employee Training Program (CETP) courses.
In §9.2, the Commission amends the definition of "CETP" to add a reference
to the National Propane Gas Association (NPGA), or the authorized agents or
successors to NPGA or to the Propane Education and Research Council (PERC).
The amendment is necessary because PERC has authorized NPGA to provide CETP
training, and because such training may be offered by these organizations'
authorized agents rather than by the organizations themselves.
In §9.52, the Commission adopts most of the amendments to clarify
the rule requirements. In subsection (a), and in paragraph (1) of subsection
(a), the Commission deletes some repetitive wording and adds a reference to
the tables in subsection (h) of the rule. The Commission deleted the repetitive
wording so that the tables, which list all the training and continuing education
courses offered or approved by the Commission and the categories to which
they apply, will be the definitive list of the courses that may be presented
for Commission credit by certified individuals in each covered category. The
Commission deletes former subsections (a)(1) and (2), and redesignates existing
paragraphs (3) and (4) as paragraphs (1) and (2).
In subsection (b), the Commission adds wording to refer to the tables in
subsection (h) and to delete the repetitive list of categories in paragraph
(1)(A). The Commission redesignates subsection (b)(1)(B) and (C) as (A) and
(B). In newly-designated subsection (b)(1)(A), the Commission has added a
May 31, 2007, deadline by which public employees who are certified as of June
1, 2006, shall complete their continuing education requirement. This is consistent
with amendments the Commission made to §9.51, relating to General Requirements
for Training and Continuing Education, adopted on January 24, 2006, published
in the February 10, 2006, issue of the
Texas Register
(31 TexReg 843), and effective March 1, 2006.
In subsection (b)(3), the Commission deletes the sentence referring to
any employee of a state agency, county, municipality, school district, or
other government subdivision not being required to pay the annual certificate
renewal fee, to make this rule consistent with the Commission's recent amendments
to §9.51 of this title, referenced in the previous paragraph.
The Commission adopts new subsection (c) to address a situation in which
a current certificate holder passes a Commission examination for an additional
certification that requires completion of a training course. In this situation,
the Commission will assign the certificate holder a training deadline pursuant
to the requirements of §9.52(a)(1) regarding the new certification. Upon
completion of that training, the Commission will then assign the certificate
holder a new continuing-education deadline pursuant to §9.52(b).
The Commission redesignates current subsections (c) - (g) as subsections
(d) - (h). The Commission did not propose any changes to the four tables listing
the training and continuing education requirements; however, they are included
in this rulemaking because the Commission changed the subsection designation
from subsection (g) to subsection (h).
The Commission adopts new subsection (i) to specify the procedure by which
current certificate holders may obtain continuing-education credit for completion
of an approved CETP course. Tables 3 and 4 of subsection (h) specify the CETP
courses approved by the Commission and the categories to which they apply.
Under the procedure, a certificate holder who has successfully completed a
CETP class, including any applicable knowledge and skills assessments, as
determined by the issuance of a National Propane Gas Association class certificate,
must submit to the Commission, either through regular mail or electronic mail,
the individual's name, address, telephone number, and Social Security number;
the LP-gas certification currently held; the CETP class date; and a readable
copy of the CETP class certificate. AFRED must review the material submitted
within 30 business days of receipt and must notify the certificate holder
if the request to award Railroad Commission continuing-education credit is
approved, denied, or incomplete. The certificate holder will have 30 calendar
days from the date of a notice of deficiency to supply the additional required
information. Certificate holders requesting credit for CETP class attendance
must submit such requests to allow processing time so that a request is finally
approved by May 31 in order for the certificate holder to receive credit toward
that deadline.
The Commission received one comment from an individual in favor of adopting
the proposed amendments. The individual stated that the amendments would enhance
safety by allowing continuing education credit for attendance at CETP courses.
The Commission adopts the amendments pursuant to Texas Natural
Resources Code, §113.051, which authorizes the Commission to adopt rules
relating to any and all aspects or phases of the LP-gas industry that will
protect or tend to protect the health, welfare, and safety of the general
public, and §113.052, which authorizes the Commission to adopt by reference,
in whole or in part the published codes of the National Fire Protection Association
as standards to be met in the design, construction, fabrication, assembly,
installation, use, and maintenance of containers, tanks, appliances, systems,
and equipment for the transportation, storage, delivery, use, and consumption
of LP-gas or any one or more of these purposes.
Statutory authority: Texas Natural Resources Code, §113.051 and §113.052.
Cross-reference to statute: Texas Natural Resources Code, Chapter 113.
Issued in Austin, Texas, on April 11, 2006.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on April 11, 2006.
TRD-200602094
Mary Ross McDonald
Managing Director
Railroad Commission of Texas
Effective date: May 1, 2006
Proposal publication date: February 24, 2006
For further information, please call: (512) 475-1295