|(a) Examination general provisions.
(1) No individual may work or be employed in any capacity
which requires contact with CNG or CNG systems until that individual
has submitted to and successfully completed an examination which measures
the competency of that individual to perform the CNG related activities
anticipated, and tests working knowledge of the Texas Natural Resources
Code and the regulations for compressed natural gas related to the
type of CNG work anticipated. Table 1 of this section sets forth specific
requirements for examination for each category of license. This section
applies to all licensees and their employees who perform CNG related
activities, and also applies to any ultimate consumer who has purchased,
leased, or obtained other rights in any vessel defined as a CNG transport
by this chapter and any employee of such ultimate consumer if that
employee drives or in any way operates such a CNG transport. Driving
a motor vehicle powered by CNG or fueling of motor vehicles for an
ultimate consumer by the ultimate consumer or its employees do not
in themselves constitute CNG related activities. Only paragraph (2)
of this subsection applies to an employee of an ultimate consumer
or a state agency or institution, county, municipality, school district,
or other governmental subdivision.
(A) Individuals wishing to take a management-level
rules examination (for company representatives or operations supervisors)
shall pay a nonrefundable fee of $70 before taking any such examination.
(B) Individuals wishing to take an employee-level rules
examination (for employees other than company representatives or operations
supervisors) shall pay a nonrefundable fee of $40 before taking any
(C) The examination fees are nonrefundable and, if
an applicant fails an examination, the applicant shall pay the full
examination fee for each subsequent examination.
(2) Each individual who performs CNG activities as
an employee of an ultimate consumer or a state agency, county, municipality,
school district, or other governmental subdivision shall be properly
supervised by his or her employer. Any such individual who is not
certified by AFRED to perform such CNG activities shall be properly
trained by a competent person in the safe performance of such CNG
(3) Each person wishing to submit to examination shall
file a CNG Form 1016 with AFRED.
(4) An individual who has filed CNG Form 1016 and the
applicable nonrefundable examination fee may take the rules examination
at the Commission's AFRED Training Center, 6506 Bolm Road, Austin,
Texas, between the hours of 8:00 a.m. and 12:00 noon, Monday through
Friday, except for state holidays, and at other designated times and
locations around the state. Tuesdays and Thursdays are the preferred
days for examinations at the AFRED Training Center. Dates and locations
of available Commission CNG examinations may be obtained in the Austin
offices of AFRED and on the Commission's web site at www.rrc.state.tx.us,
and shall be updated at least monthly. Examinations shall be conducted
in Austin and in other locations around the state. Individuals or
companies may request in writing that examinations be given in their
area. AFRED shall schedule its examinations and locations at its discretion.
(5) Within 15 days of the date an individual takes
an examination, AFRED shall notify the individual of the results of
(A) If the examination is graded or reviewed by a testing
service, AFRED shall notify the individual of the examination results
within 14 days of the date AFRED receives the results from the testing
service. If the notice of the examination results will be delayed
for longer than 90 days after the examination date, AFRED shall notify
the individual of the reason for the delay before the 90th day. AFRED
may require a testing service to notify an individual of the individual's
(B) Successful completion of any required examination
shall be credited to and accrue to the individual.
(C) Any individual who fails an examination shall be
immediately disqualified from performing any CNG related activities
covered by the examination. Any individual who fails an examination
administered by AFRED at the Austin location only may retake the same
examination only one additional time during a business day. Any subsequent
examinations shall be taken on another business day, unless approved
by the AFRED director. If requested by an individual who failed the
examination, AFRED shall furnish the individual with an analysis of
the individual's performance on the examination.
(6) Time limits.
(A) Effective June 1, 2008, an applicant shall complete
the examination within two hours.
(B) The examination proctor shall be the official timekeeper.
(C) An examinee shall submit the examination and the
answer sheet to the examination proctor before or at the end of the
established time limit for an examination.
(D) The examination proctor shall mark any answer sheet
that was not completed within the time limit.
(b) General installers and repairmen exemption.
(1) Any individual who is currently licensed as a master
or journeyman plumber by the Texas State Board of Plumbing Examiners
or who is currently licensed with a Class A or B air conditioning
and refrigeration contractors license issued by the Department of
Licensing and Regulation may apply for and be granted an exemption
to the Category 2 and 3 service and installation employee examination
requirements by submitting to AFRED the following information:
(A) CNG Form 1016B;
(B) a $30 original filing fee; and
(C) any information AFRED may reasonably require.
(2) This exemption does not become effective until
the examination exemption card is issued by AFRED.
(3) The examination exemption accrues to the individual
and is nontransferable.
(4) Any individual granted such exemption shall maintain
certified status at all times. Upon failure to maintain certified
status, all affected CNG operations shall cease immediately until
proper status has been regained.
(5) In order to maintain an exemption, each individual
issued an examination exemption card shall pay a $20 annual renewal
fee to AFRED on or before May 31 of each year. Failure to pay the
annual renewal fee by May 31 shall result in a lapsed exemption. If
an individual's exemption lapses, that individual shall cease performing
all CNG related activities granted by this exemption until that individual
renews the exemption. To renew a lapsed exemption, the individual
shall pay the $20 annual renewal fee plus a $20 late-filing fee. Failure
to do so shall result in the expiration of the examination exemption.
If the individual's examination exemption has been expired for one
year or longer, the individual shall complete all requirements necessary
to apply for a new exemption.
(6) Any individual who is issued this exemption agrees
to comply with the current edition of the regulations for compressed
natural gas. In the event the exempt individual surrenders, fails
to renew, or has the license revoked either by the Texas State Board
of Plumbing Examiners or Texas Department of Licensing and Regulation,
that individual shall immediately cease performing any CNG activity
granted by this section. The examination exemption card shall be returned
immediately to AFRED and all rights and privileges surrendered.
(1) A licensee or ultimate consumer may employ an individual
as a trainee for a period not to exceed 45 calendar days without that
individual having successfully completed the rules examination subject
to the following conditions.
(A) The trainee shall be directly and individually
supervised at all times by an individual who has successfully completed
the rules examination for the areas of work being performed by the
(B) The licensee or ultimate consumer shall ensure
that CNG Form 1016 is on file with AFRED for each trainee at the time
that trainee begins supervised CNG activities. The trainee shall then
have 45 calendar days to pass the applicable rules examination.
(2) A trainee who fails the rules examination shall
immediately cease to perform any CNG related activities covered by
the examination failed.
(3) A trainee who has been in training for a total
of 45 calendar days, in any combination and with any number of employers,
shall cease to perform any CNG activities for which he or she is not
(d) Renewal of certified status.
(1) AFRED shall notify licensees of any employees'
pending renewals, or shall notify the individual if not employed by
a licensee, in writing, at the address on file with AFRED no later
than March 15 of a year for the May 31 renewal date of that year.
(2) In order to maintain active status, a certificate
holder shall pay the $25 annual certificate renewal fee to AFRED on
or before May 31 of each year. Individuals who hold more than one
certificate shall pay only one annual renewal fee.
(3) Failure to pay the annual renewal fee by the deadline
shall result in a lapse of certification unless the late filing fee
in paragraph (4) of this subsection is paid. If an individual's certification
has been expired for one year or longer, that individual shall comply
with the requirements of subsection (a) of this section. If an individual's
certification lapses or expires, that individual shall immediately
cease performance of any CNG activities that require certification.
Certified status shall be regained only by successfully completing
the examination requirement for certification and meeting the requirements
of paragraph (4) of this subsection.
(4) Any lapsed renewals submitted after May 31st of
each year shall include a $20 late filing fee in addition to the renewal
fee, proof of successful completion of the examination required for
certification, and be received in AFRED's Austin office no later than
close of business on August 31 or, if August 31 falls on a weekend
or state holiday, close of business on the last business day before
August 31 of each year. Upon receipt of the renewal fee and late filing
penalty, AFRED shall verify that the individual's certification has
not been suspended, revoked, or expired for one year or longer. After
verification, AFRED shall renew the certification and the individual
may resume CNG activities.
(e) Expired certification(s). Any renewal submitted
after the August 31 deadline shall be considered expired. If an individual
wishes to renew a certification that has been expired for less than
one year, that individual shall submit the annual renewal fee and
late filing fee, and proof of successful completion of the examination
required for certification. Upon verification that the individual's
certification has not been suspended, revoked, or expired for one
year or longer, AFRED shall renew the individual's certification and
the individual may resume CNG activities.
|Source Note: The provisions of this §13.70 adopted to be effective November 15, 1990, 15 TexReg 5941; amended to be effective October 15, 1993, 18 TexReg 6457; amended to be effective August 30, 1999, 24 TexReg 6733; amended to be effective October 22, 2001, 26 TexReg 8342; amended to be effective June 9, 2003, 28 TexReg 4416; amended to be effective June 5, 2006, 31 TexReg 4604; amended to be effective October 29, 2007, 32 TexReg 7677; amended to be effective February 1, 2008, 33 TexReg 141; amended to be effective December 24, 2012, 37 TexReg 9917