BILL ANALYSIS

S.B. 2062

By: Menéndez

Licensing & Administrative Procedures

Committee Report (Unamended)

BACKGROUND AND PURPOSE

A stakeholder workgroup was temporarily established to facilitate the transfer of the motor fuel metering and quality program to the Texas Department of Licensing and Regulation authorized by the 86th Legislature. There have been calls to continue the input, advice, and recommendations generated by the workgroup, which expired October 1, 2020. S.B. 2062 seeks to establish a permanent nine-member advisory board for the motor fuel metering and quality program.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

S.B. 2062 amends the Occupations Code to establish the Motor Fuel Metering and Quality Advisory Board. The bill authorizes the board to advise the Texas Commission of Licensing and Regulation (TCLR) and the Texas Department of Licensing and Regulation (TDLR) on the following:

· the adoption of appropriate standards for the installation, maintenance, calibration, alteration, operation, testing, or inspection, as applicable, of motor fuel dispensing devices and metering devices and motor fuel;

· education and curricula for applicants for a motor fuel metering device service company license or a motor fuel metering device service technician license and license holders;

· the content of examinations;

· proposed rules and standards on technical issues related to motor fuel metering and quality and payment card skimmers; and

· other issues affecting motor fuel metering and quality.

S.B. 2062 sets out the composition of the nine-member board and provides for the appointment of members and two ex officio nonvoting members with specified qualifications by the presiding officer of TCLR not later than February 1, 2022. The bill requires the presiding officer of TCLR, with TCLR approval, to appoint one of the board members to serve as presiding officer of the board for a one-year term. The bill establishes staggered six-year terms for members expiring on February 1 of each odd-numbered year and provides for initial board members' terms and for the filling of a vacancy. The bill requires the board to meet at the call of the executive director of TDLR or the presiding officer of TCLR.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2021.