BUSINESS AND COMMERCE CODE

TITLE 99.  MISCELLANEOUS COMMERCIAL PROVISIONS

CHAPTER 2002.  LIQUEFIED PETROLEUM GAS CONTAINERS

Sec. 2002.001.  DEFINITIONS.  In this chapter:
(1)  "Liquefied petroleum gas" means the hydrocarbon product extracted from natural gas or crude oil and commonly known as butane or propane.
(2)  "Person" means an individual, association, or corporation.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.

Sec. 2002.002.  NOTICE TO PROSPECTIVE PURCHASERS AND USERS.  A person in the business of leasing or selling liquefied petroleum gas containers shall give to each prospective purchaser or user of a container a written notice of the purchase or use options provided by that business, including, as applicable, options to purchase, lease, or lease-purchase. The notice must include a written statement that other persons in the business of leasing or selling liquefied petroleum gas containers may provide purchase or use options that include purchase, lease, and lease-purchase.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.

Sec. 2002.003.  SUPPLY CONTRACT REQUIREMENT.  If a person in the business of leasing or selling liquefied petroleum gas containers signs a supply contract with another person, a separate agreement on the face of the supply contract must state that the supplier gave to the user, before the user signed the supply contract, the notice required by Section 2002.002.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.

Sec. 2002.004.  FILLING OR REFILLING OF CONTAINER BY NONOWNER.  A person who is not the owner of a liquefied petroleum gas container may fill or refill the container if the person who occupies the premises where the container is located:
(1)  requests the service; and
(2)  signs a written request stating that:
(A)  an emergency exists; and
(B)  the owner is unavailable to fill or refill the container, as applicable.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.

Sec. 2002.005.  CRIMINAL PENALTIES.  (a)  A person commits an offense if the person knowingly violates this chapter.
(b)  A person who is not the owner of a liquefied petroleum gas container commits an offense if the person:
(1)  except as provided by Section 2002.004, without written authorization of the owner of the container sells, fills, refills, delivers or permits to be delivered, or uses the container for any purpose;
(2)  obtains a written request under Section 2002.004 through misrepresentation; or
(3)  defaces, removes, or conceals a name, mark, initial, or device on the container without the written consent of the owner of the container.
(c)  An offense under this section is a misdemeanor punishable by a fine of not less than $25 and not more than $200.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.