By: Menéndez S.B. No. 2062

(In the Senate - Filed March 12, 2021; April 1, 2021, read first time and referred to Committee on Business & Commerce; April 9, 2021, reported adversely, with favorable Committee Substitute by the following vote: Yeas 9, Nays 0; April 9, 2021, sent to printer.) Click here to see the committee vote

COMMITTEE SUBSTITUTE FOR S.B. No. 2062 By: Hancock

A BILL TO BE ENTITLED

AN ACT

relating to the establishment of the Motor Fuel Metering and Quality Advisory Board.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 2310, Occupations Code, is amended by adding Subchapter A-1 to read as follows:

SUBCHAPTER A-1. ADVISORY BOARD

Sec. 2310.031. DEFINITIONS. In this subchapter:

(1) "Board" means the Motor Fuel Metering and Quality Advisory Board.

(2) "Distributor," "supplier," and "wholesaler" have the meanings assigned by Section 2310.2001.

Sec. 2310.032. BOARD MEMBERSHIP. (a) The board consists of nine members appointed by the presiding officer of the commission, with the approval of the commission, as follows:

(1) four members who are dealers or representatives designated by the dealers, including:

(A) one dealer that has fewer than 501 motor fuel metering devices registered with the department;

(B) one dealer that has more than 1,000 but fewer than 5,000 motor fuel metering devices registered with the department;

(C) one dealer that has more than 5,000 motor fuel metering devices registered with the department; and

(D) one dealer without regard to the dealer's number of motor fuel metering devices registered with the department;

(2) two members who represent service companies, as defined by Section 2310.151;

(3) one member who represents a wholesaler or distributor;

(4) one member who represents a supplier; and

(5) one member of the public.

(b) The presiding officer of the commission, with the approval of the commission, shall appoint two ex officio nonvoting members of the board. An ex officio member is not counted as a member for purposes of establishing a quorum. The ex officio members must include:

(1) one member who represents:

(A) a financial institution, as defined by Section 277.001, Finance Code; or

(B) a credit card issuer other than a financial institution; and

(2) one member who represents a law enforcement agency.

(c) Appointments to the board shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointees.

Sec. 2310.033. TERMS; VACANCY. (a) Members of the board serve staggered six-year terms, with the terms of three or four members expiring on February 1 of each odd-numbered year.

(b) If a vacancy occurs during a member's term, the presiding officer of the commission, with the commission's approval, shall appoint a replacement to fill the unexpired term.

Sec. 2310.034. PRESIDING OFFICER. The presiding officer of the commission, with the approval of the commission, shall appoint one of the board members to serve as presiding officer of the board for a term of one year.

Sec. 2310.035. DUTIES. The board may advise the commission and department on:

(1) the adoption of appropriate standards for the installation, maintenance, calibration, alteration, operation, testing, or inspection, as applicable, of:

(A) motor fuel dispensing devices;

(B) motor fuel metering devices; and

(C) motor fuel;

(2) education and curricula for applicants for a license issued under this chapter and license holders;

(3) the content of examinations;

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

(5) other issues affecting motor fuel metering and quality.

Sec. 2310.036. MEETINGS. The advisory board shall meet at the call of the executive director or the presiding officer of the commission.

SECTION 2. (a) Not later than February 1, 2022, the presiding officer of the Texas Commission of Licensing and Regulation shall appoint members to the Motor Fuel Metering and Quality Advisory Board in accordance with Section 2310.032, Occupations Code, as added by this Act.

(b) Notwithstanding Section 2310.033, Occupations Code, as added by this Act, in making the initial appointments to the Motor Fuel Metering and Quality Advisory Board, the presiding officer of the Texas Commission of Licensing and Regulation shall designate three members of the advisory board to serve terms expiring February 1, 2023, four members to serve terms expiring February 1, 2025, and four members to serve terms expiring February 1, 2027.

SECTION 3. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2021.

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