Bill not drafted by TLC or Senate E&E.

      Line and page numbers may not match official copy.

         By:  Brown, Ellis                            S.B. No. 1355

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to the regulation of retail stores.

 1-2           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-3           SECTION 1.  Chapter 403, Government Code, is amended by

 1-4     adding Subchapter N to read as follows:

 1-5             SUBCHAPTER N.  MISCELLANEOUS DUTIES OF COMPTROLLER

 1-6           Sec. 403.321.  INTERAGENCY TASK FORCE ON TEXAS RETAIL FOOD

 1-7     STORE REGULATION.  (a)  An interagency task force is created to

 1-8     advise and assist the comptroller on coordinating state agency

 1-9     regulation of retail food stores.

1-10           (b)  The department is designated as the lead agency for the

1-11     committee and shall administer the activities of the committee.

1-12           (c)  The task force is composed of the executive director or

1-13     a representative of:

1-14                 (1)  the Department of Agriculture, appointed by the

1-15     commissioner of agriculture;

1-16                 (2)  the Texas Department of Commerce, appointed by the

1-17     Executive Director of TDC;

1-18                 (3)  the Texas Department of Health, appointed by the

1-19     Commissioner of Public Health;

1-20                 (4)  the Parks and Wildlife Department, appointed by

1-21     the Executive Director of TPWD;

1-22                 (5)  the Comptroller, appointed by the Comptroller;

1-23                 (6)  the Texas Alcoholic Beverage Commission, appointed

 2-1     by the Administrator of TABC;

 2-2                 (7)  Texas Retailer's Association, appointed by such

 2-3     association;

 2-4                 (8)  Texas Food Industry Association, appointed by such

 2-5     association;

 2-6                 (9)  Texas Petroleum Marketers and Convenience Stores

 2-7     Association, appointed by such association;

 2-8                 (10)  One representative from a rural local health

 2-9     department, appointed by the Governor; and

2-10                 (11)  One representative from an urban local health

2-11     department, appointed by the Governor.

2-12           (d)  All other licensing and regulatory agencies shall make

2-13     available to the task force any information deemed necessary by the

2-14     task force.

2-15           (e)  The task force may invite representatives of other

2-16     agencies, consumer groups, or business groups to participate in the

2-17     activities of the committee.

2-18           (f)  The task force shall:

2-19                 (1)  elect a presiding officer and an assistant

2-20     presiding officer;

2-21                 (2)  study the regulation of retail food stores; and

2-22                 (3)  report to the legislature regarding the task

2-23     force's study of the regulation of retail food stores.

2-24           (g)  The task force shall consider and include in the report

2-25     required by Subsection (e)(3) the task force's recommendations

 3-1     concerning:

 3-2                 (1)  state agencies' procedures for:

 3-3                       (A)  issuing original and renewal licenses and

 3-4     permits; and

 3-5                       (B)  collecting and disbursing fees;

 3-6                 (2)  opportunities to consolidate state agencies'

 3-7     licensing and fee collection activities;

 3-8                 (3)  integrating uniform product code price scanner

 3-9     inspection into the sales tax audit process;

3-10                 (4)  establishing a consolidated retail food store

3-11     application and licensing program to administer all licenses

3-12     related to retail food stores;

3-13                 (5)  reducing paperwork;

3-14                 (6)  reducing any amount of time that scales and other

3-15     equipment are out of service;

3-16                 (7)  continuing adequate consumer protection;

3-17                 (8)  creating private sector employment opportunities;

3-18     and

3-19                 (9)  any other regulatory matter pertaining to a retail

3-20     food store that a majority of the members of the committee consider

3-21     advisable.

3-22           (h)  This section expires June 1, 1999.

3-23           SECTION 2.  Section 13.002, Agriculture Code, is amended by

3-24     amending Subsection (a) and adding Subsection (c) to read as

3-25     follows:

 4-1           (a)  Except as provided by Subsection (c), the [The]

 4-2     department shall enforce the provisions of this chapter and shall

 4-3     supervise all weights and measures sold or offered for sale in this

 4-4     state.  The department may purchase apparatus as necessary for the

 4-5     administration of this chapter.

 4-6           (c)  The Texas State Board of Pharmacy shall enforce the

 4-7     provisions of this chapter relating to the compounding of drugs in

 4-8     pharmacies and shall supervise all weights and measures sold,

 4-9     offered for sale, or used in this state for the compounding of

4-10     drugs in pharmacies.

4-11           SECTION 3.  Section 132.003(a), Agriculture Code, is amended

4-12     to read as follows:

4-13           (a)  The department shall administer this chapter and adopt

4-14     and enforce necessary rules.

4-15           SECTION 4.  Section 132.005(b), Agriculture Code, is amended

4-16     to read as follows:

4-17           (b)  The department may enter during ordinary business hours

4-18     [a retail place of business where eggs are offered for sale to the

4-19     ultimate consumer or] a distribution center where eggs are held

4-20     after being received from a packing plant and take for inspection

4-21     representative samples of eggs and containers to determine if this

4-22     chapter has been violated.

4-23           SECTION 5.  Section 132.044(a), Agriculture Code, is amended

4-24     to read as follows:

4-25           (a)  A container in which eggs for human consumption are

 5-1     offered for [retail or] wholesale must be legibly labeled with a

 5-2     statement showing:

 5-3                 (1)  the size and grade of the eggs in the container;

 5-4                 (2)  the address, including the city and state, and the

 5-5     license number of the person who graded and sized the eggs; and

 5-6                 (3)  if the eggs were sized and graded at an address

 5-7     other than that provided under Subdivision (2) of this subsection:

 5-8                       (A)  the address at which the eggs were sized and

 5-9     graded; or

5-10                       (B)  a department approved code.

5-11           SECTION 6.  Subchapter A, Chapter 47, Parks and Wildlife

5-12     Code, is amended by adding Section 47.0113 to read as follows:

5-13           Sec. 47.0113.  MEMORANDUM OF AGREEMENT.  (a)  The department

5-14     shall initiate negotiations for and enter into a memorandum of

5-15     agreement with the Texas Department of Health to consolidate the

5-16     license and permit application process for retail food stores that

5-17     sell aquatic products.

5-18           (b)  Before a memorandum of agreement between the department

5-19     and the Texas Department of Health may take effect, the memorandum

5-20     must be adopted by the governing body of each department.

5-21           (c)  After the department and the Texas Department of Health

5-22     have adopted a memorandum of agreement, the department shall

5-23     publish the memorandum of agreement in the Texas Register.

5-24           (d)  The department and the Texas Department of Health shall

5-25     agree, subject to conditions that will improve the efficiency of

 6-1     each department's operations, that:

 6-2                 (1)  the Texas Department of Health shall:

 6-3                             (A)  collect information to identify each

 6-4     retail food store that sells aquatic products as a part of a food

 6-5     retailing business and provide that information to the department;

 6-6                             (B)  perform routine inspections regarding

 6-7     the source of aquatic products.

 6-8           SECTION 7.  Section 1, Chapter 1033, Acts of the 71st

 6-9     Legislature, Regular Session, 1989 (Article 8614, Vernon's Texas

6-10     Civil Statutes), is amended to read as follows:

6-11           Sec. 1.  Definitions.  In this Act:

6-12                 (1)  "Automotive fuel rating" has the meaning assigned

6-13     by 15 U.S.C. Section 2821.

6-14                 (2)  "Dealer" means a person who is the operator of a

6-15     service station or other retail outlet and who delivers motor fuel

6-16     into the fuel tanks of motor vehicles or motor boats.

6-17                 (3) [(2)]  "Motor fuel" has the meaning given that term

6-18     by Section 153.001, Tax Code.

6-19           SECTION 8.  Section 2, Chapter 1033, Acts of the 71st

6-20     Legislature, Regular Session, 1989 (Article 8614, Vernon's Texas

6-21     Civil Statutes), is amended to read as follows:

6-22           Sec. 2.  Testing.  In order to determine compliance with the

6-23     standards and for the enforcement of rules adopted under Sections

6-24     3, 3A, 3B, 4, and 5 of this Act, the commissioner of agriculture

6-25     [comptroller of public accounts] or an authorized representative of

 7-1     the commissioner [comptroller, any law enforcement officer at the

 7-2     direction of a prosecuting attorney, or the attorney general] may

 7-3     test any motor fuel sold in this state, with or without a complaint

 7-4     about the fuel.  Nothing under this section shall prohibit the

 7-5     commissioner from adopting rules relating to the frequency of

 7-6     testing motor fuels.  In adopting such rules the commissioner shall

 7-7     consider the nature of the violation, history of past violations,

 7-8     and funds available as provided by Subsection (e), Section 9 of

 7-9     this Act.

7-10           SECTION 9.  Chapter 1033, Acts of the 71st Legislature,

7-11     Regular Session, 1989 (Article 8614, Vernon's Texas Civil

7-12     Statutes), is amended by adding Sections 3A and 3B to read as

7-13     follows:

7-14           Sec. 3A.  SALE OF MOTOR FUEL WITH AUTOMOTIVE FUEL RATING

7-15     LOWER THAN RATING POSTED ON PUMP LABEL.  A motor fuel dealer in

7-16     this state may not sell or offer for sale motor fuel from a motor

7-17     fuel pump if the motor fuel contains an automotive fuel rating that

7-18     is lower than the automotive fuel rating for that motor fuel posted

7-19     on the motor fuel pump.

7-20           Sec. 3B.  DELIVERY OF MOTOR FUEL WITH AUTOMOTIVE FUEL RATING

7-21     LOWER THAN RATING CERTIFIED BY TRANSFER.  A distributor or supplier

7-22     of motor fuel, as those persons are defined by Section 153.001, Tax

7-23     Code, may not deliver or transfer motor fuel to a motor fuel dealer

7-24     in this state if the fuel contains an automotive fuel rating that

7-25     is lower than the certification of the automotive fuel rating the

 8-1     distributor or supplier is required to make to the motor fuel

 8-2     dealer under federal law.

 8-3           SECTION 10.  Subsections (c), (d), and (e), Section 4,

 8-4     Chapter 1033, Acts of the 71st Legislature, Regular Session, 1989

 8-5     (Article 8614, Vernon's Texas Civil Statutes), are amended to read

 8-6     as follows:

 8-7           (c)  The commissioner of agriculture [comptroller] by rule

 8-8     may prescribe the form of the statement required by Subsection (a)

 8-9     of this section.

8-10           (d)  The signs required to be posted by a motor fuel dealer

8-11     under Section 3 of this Act and delivered to a motor fuel dealer

8-12     under this section shall be obtained from the commissioner of

8-13     agriculture [comptroller].

8-14           (e)  If the commissioner of agriculture [comptroller]

8-15     determines that certain types of motor fuel, such as diesel or

8-16     liquefied petroleum gas, are not sold in this state as mixtures

8-17     with alcohol in sufficient quantities to warrant regulation of

8-18     those deliveries under this Act, the commissioner [comptroller] may

8-19     limit the application of Section 3 of this Act and this section to

8-20     motor fuels sold in sufficient quantity to warrant regulation.

8-21           SECTION 11.  Section 5, Chapter 1033, Acts of the 71st

8-22     Legislature, Regular Session, 1989 (Article 8614, Vernon's Texas

8-23     Civil Statutes), is amended to read as follows:

8-24           Sec. 5.  DEALER AND DELIVERY DOCUMENTS.  (a)  Each motor fuel

8-25     dealer in this state shall keep for one [four] year[s] a copy of

 9-1     each manifest, bill of sale, bill of lading, or any other document

 9-2     required to be delivered to the dealer by Section 4 of this Act.

 9-3     During the first 60 days following delivery of a fuel mixture

 9-4     covered by this Act, the dealer shall keep at the station or retail

 9-5     outlet where the motor fuel was delivered a copy of each manifest,

 9-6     bill of sale, bill of lading, or any other document required to be

 9-7     delivered to the dealer by Section 4 of this Act.  Each

 9-8     distributor, supplier, wholesaler, or jobber of motor fuel shall

 9-9     keep for one [four] year[s] at the principal place of business a

9-10     copy of each manifest, bill of sale, bill of lading, or any other

9-11     document required to be delivered to the dealer by Section 4 of

9-12     this Act.  The documents are subject to inspection by the

9-13     commissioner of agriculture [comptroller] or an authorized

9-14     representative of the commissioner [comptroller, any law

9-15     enforcement officer, or the attorney general].

9-16           (b)  The commissioner of agriculture [comptroller] by rule

9-17     may prescribe the manner of filing documents required to be kept

9-18     under Subsection (a) of this section, and the time, place, and

9-19     manner of inspection of the documents.

9-20           SECTION 12.  Chapter 1033, Acts of the 71st Legislature,

9-21     Regular Session, 1989 (Article 8614, Vernon's Texas Civil

9-22     Statutes), is amended by adding Section 5A to read as follows:

9-23           Sec. 5A.  DOCUMENTS RELATING TO POSTINGS OR CERTIFICATION OF

9-24     AUTOMOTIVE FUEL RATINGS.  (a)  Each motor fuel dealer in this state

9-25     shall keep for at least one year a copy of:

 10-1                (1)  each delivery ticket or letter of certification on

 10-2    which the motor fuel dealer based a posting of the automotive fuel

 10-3    rating of motor fuel contained in a motor fuel pump;

 10-4                (2)  records of any automotive fuel rating

 10-5    determination made by the motor fuel dealer under 16 C.F.R. Part

 10-6    306, as amended; and

 10-7                (3)  each delivery ticket or letter of certification

 10-8    that is required to be delivered to the dealer under 16 C.F.R. Part

 10-9    306.

10-10          (b)  Each distributor or supplier shall keep for at least one

10-11    year at the principal place of business a copy of each delivery

10-12    ticket or letter of certification required to be delivered by the

10-13    distributor or supplier to a motor fuel dealer in this state under

10-14    16 C.F.R. Part 306.

10-15          (c)  A document required to be kept under this section is

10-16    subject to inspection by the commissioner of agriculture or an

10-17    authorized representative of the commissioner.

10-18          SECTION 13.  Section 6, Chapter 1033, Acts of the 71st

10-19    Legislature, Regular Session, 1989 (Article 8614, Vernon's Texas

10-20    Civil Statutes), is amended to read as follows:

10-21          Sec. 6.  CIVIL ACTION.  (a)  If a motor fuel dealer or a

10-22    distributor, supplier, wholesaler, or jobber of motor fuel violates

10-23    Section 3, 3A, 3B, 4, or 5 of this Act, any motor fuel user who has

10-24    purchased the fuel and who has suffered damages or has a complaint

10-25    about the product may maintain a civil action against the motor

 11-1    fuel dealer or the distributor, supplier, wholesaler, or jobber of

 11-2    motor fuel.  The action may be brought, without regard to any

 11-3    specific amount in damages, in the district court in any county in

 11-4    which the motor fuel dealer, distributor, supplier, wholesaler, or

 11-5    jobber is doing business or in which the motor fuel dealer resides.

 11-6          (b)  In any action under this section, the court shall award

 11-7    to the motor fuel user who prevails the amount of actual damages

 11-8    and grant such equitable relief as the court determines is

 11-9    necessary to remedy the effects of the motor fuel dealer's

11-10    violation or the distributor, supplier, wholesaler, or jobber's

11-11    violation of the provisions of Section 3, 3A, 3B, 4, or 5 of this

11-12    Act, including declaratory judgment, permanent injunctive relief,

11-13    and temporary injunctive relief.  In addition, the court shall

11-14    award to the motor fuel user who prevails in an action brought

11-15    hereunder court costs and attorney's fees that are reasonable in

11-16    relation to the amount of work expended.

11-17          (c)  In addition to the remedies provided in Subsection (b)

11-18    of this section, if the trier of fact finds that a [the] violation

11-19    of Section 3, 4, or 5 of this Act was committed wilfully or

11-20    knowingly by the defendant, the trier of fact shall award not more

11-21    than three times the amount of actual damages.

11-22          (d)  A violation of Section 3, 3A, 3B, 4, or 5 of this Act is

11-23    also a deceptive trade practice under Subchapter E, Chapter 17,

11-24    Business & Commerce Code.

11-25          (e)  Any action alleging a violation of Section 3, 3A, 3B, 4,

 12-1    or 5 of this Act shall be commenced and prosecuted within two years

 12-2    after the date the cause of action accrued.

 12-3          SECTION 14.  Section 7, Chapter 1033, Acts of the 71st

 12-4    Legislature, Regular Session, 1989 (Article 8614, Vernon's Texas

 12-5    Civil Statutes), is amended to read as follows:

 12-6          Sec. 7.  CIVIL PENALTY.  A motor fuel dealer or a

 12-7    distributor, supplier, wholesaler, or jobber of motor fuel who

 12-8    violates a provision of Section 3, 3A, 3B, 4, [or] 5, or 5A of this

 12-9    Act forfeits to the state a civil penalty of not less than $200

12-10    [$25] nor more than $10,000 [$200].

12-11          SECTION 15.  Subsections (a), (b), and (e), Section 8,

12-12    Chapter 1033, Acts of the 71st Legislature, Regular Session, 1989

12-13    (Article 8614, Vernon's Texas Civil Statutes), are amended to read

12-14    as follows:

12-15          (a)  A person commits an offense if the person intentionally

12-16    or knowingly violates Section 3, 3A, 3B, 4, [or] 5, or 5A of this

12-17    Act or any rule of the commissioner of agriculture [comptroller]

12-18    prescribed to enforce or implement those sections of this Act.

12-19          (b)  A person commits an offense if the person intentionally

12-20    or knowingly:

12-21                (1)  refuses to permit a person authorized by Section 2

12-22    of this Act to test any motor fuel sold or held for sale in this

12-23    state;

12-24                (2)  refuses to permit inspection of any document

12-25    required to be kept or delivered by this Act upon request of a

 13-1    person authorized to inspect such documents by Section 5 or 5A of

 13-2    this Act; or

 13-3                (3)  mutilates, destroys, secretes, forges, or

 13-4    falsifies any document, record, report, or sign required to be

 13-5    delivered, kept, filed, or posted by this Act or any rule

 13-6    prescribed by the commissioner of agriculture [comptroller] for the

 13-7    enforcement of this Act.

 13-8          (e)  [A user, t] The commissioner of agriculture

 13-9    [comptroller] or the [comptroller's] authorized representative of

13-10    the commissioner may request the appropriate prosecuting attorney

13-11    to prosecute a violation of a provision of this Act[, any law

13-12    enforcement officer, or the attorney general may file a complaint

13-13    under this section].

13-14          SECTION 16.  Subsections (a), (b), (c), (e), and (f), Section

13-15    9, Chapter 1033, Acts of the 71st Legislature, Regular Session,

13-16    1989 (Article 8614, Vernon's Texas Civil Statutes), are amended to

13-17    read as follows:

13-18          (a)  The commissioner of agriculture [comptroller] may adopt

13-19    rules not inconsistent with this Act for the regulation of the sale

13-20    of motor fuels containing ethanol and methanol.

13-21          (b)  The comptroller by rule may impose fees for testing,

13-22    inspection, statement or record forms, sale of signs, or the

13-23    performance of other services provided as determined necessary by

13-24    the commissioner of agriculture in the administration of this Act.

13-25          (c)  In addition to the fees authorized by Subsection (b) of

 14-1    this section, the comptroller by rule may impose a fee to be

 14-2    collected on a periodic basis determined by the comptroller from

 14-3    each distributor, supplier, wholesaler, and jobber who deals in a

 14-4    motor fuel, without regard to whether the motor fuel is subject to

 14-5    regulation under this Act, as determined necessary by the

 14-6    commissioner of agriculture.  The comptroller by rule shall

 14-7    prescribe the form for reporting and remitting the fees imposed by

 14-8    and under this section.

 14-9          (e)  The total amount of the fees collected annually under

14-10    this Act may not exceed the lesser of:

14-11                (1)  the costs of administering and enforcing the

14-12    provisions of this Act as determined necessary by the commissioner

14-13    of agriculture; or

14-14                (2)  $500,000.

14-15          (f)  The fees collected under this section may be used only:

14-16                (1)  by the comptroller to defray the cost of

14-17    collecting the fees and penalties imposed by this Act but may not

14-18    exceed $25,000 annually; or

14-19                (2)  by the commissioner of agriculture for the

14-20    administration and enforcement of this Act [by the comptroller and

14-21    shall be deposited in the Comptroller's Operating Fund 062].

14-22          SECTION 17.  Section 10, Chapter 1033, Acts of the 71st

14-23    Legislature, Regular Session, 1989 (Article 8614, Vernon's Texas

14-24    Civil Statutes), is amended to read as follows:

14-25          Sec. 10.  Contracting for enforcement. The commissioner of

 15-1    agriculture [comptroller] may contract for the enforcement of this

 15-2    Act after due notice.

 15-3          SECTION 18.  Chapter 1033, Acts of the 71st Legislature,

 15-4    Regular Session, 1989 (Article 8614, Vernon's Texas Civil

 15-5    Statutes), is amended by adding Section 11 to read as follows:

 15-6          Sec. 11.  DELIVERY OF DOCUMENTS TO FEDERAL GOVERNMENT.  The

 15-7    commissioner of agriculture, an authorized representative of the

 15-8    commissioner, or the attorney general may make a copy of any

 15-9    manifest, bill of sale, bill of lading, delivery ticket, letter of

15-10    certification, or other document the commissioner or attorney

15-11    general is entitled to inspect under this Act.  The commissioner,

15-12    an authorized representative of the commissioner, or the attorney

15-13    general may deliver the copy of a document described by this

15-14    section to the federal government for purposes of prosecuting

15-15    persons for violations of federal law relating to the sale or

15-16    transfer of motor fuel.

15-17          SECTION 19.  Subchapter (c), Section 12.020, Agriculture Code

15-18    is amended to read as follows:

15-19          (c)  The provisions of this code subject to this section and

15-20    the applicable penalty amounts are as follows:

15-21         Provision                                 Maximum Penalty

15-22    Chapters 13, 14, 18, 61,

15-23    94, 95, 101, 102, 103,

15-24    121, 125, 132, [and] 134, and

15-25    Chapter 1033, Acts of the 71st                       $500

 16-1    Legislature, Regular Session,

 16-2    1989 (Article 8614, Vernon's

 16-3    Texas Civil Statutes)

 16-4    Subchapter B, Chapter 71

 16-5    Chapter 19                                         $2,000

 16-6    Chapters 75 and 76

 16-7    Subchapters A and C,

 16-8          Chapter 71                                   $5,000.

 16-9    Chapters 72, 73, and 74

16-10          SECTION 20.  The changes in law made by this Act relating to

16-11    a penalty that may be imposed apply only to a violation that occurs

16-12    on or after the effective date of this Act.  A violation occurs on

16-13    or after the effective date of this Act if each element of the

16-14    violation occurs on or after that date.  A violation that occurs

16-15    before the effective date of this Act is covered by the law in

16-16    effect when the violation occurred, and the former law is continued

16-17    in effect for that purpose.

16-18          SECTION 21.  All rules adopted by the comptroller of public

16-19    accounts of the State of Texas specifically for the administration

16-20    of Chapter 1033, Acts of the 71st Legislature, Regular Session,

16-21    1989 (Article 8614, Vernon's Texas Civil Statutes), in effect on

16-22    the effective date of this Act remain in effect until amended or

16-23    repealed by the commissioner of agriculture under authority granted

16-24    to the commissioner by a change in law made by this Act or other

16-25    law.

 17-1          SECTION 22.  This Act takes effect September 1, 1997, and

 17-2    applies only to deliveries, transfers, or sales of motor fuel that

 17-3    occur on or after that date.

 17-4          SECTION 23.  The importance of this legislation and the

 17-5    crowded condition of the calendars in both houses create an

 17-6    emergency and an imperative public necessity that the

 17-7    constitutional rule requiring bills to be read on three several

 17-8    days in each house be suspended, and this rule is hereby suspended.

 17-9          SECTION 24.  Chapter 1033, Acts of the 71st Legislature,

17-10    Regular Session, 1989 (Article 8614, Vernon's Texas Civil

17-11    Statutes), is amended by adding Section 12 to read as follows:

17-12          Sec. 12.  (a)  50% of all inspections or tests of weighing or

17-13    measuring devices and automotive fuel rating shall be shifted from

17-14    a state administered program to state licensed private inspectors

17-15    by September 1, 1999.

17-16          (b)  The remaining 50% shall be shifted from a state

17-17    administered program to state licensed private inspectors by

17-18    September 1, 2001.

17-19          (c)  All enforcement authority shall remain with the Texas

17-20    Department of Agriculture.

17-21          (d)  Texas Department of Agriculture may sell equipment

17-22    purchased for the purposes of this subchapter to recover costs

17-23    incurred in complying with this subchapter.

17-24          (e)  The Texas Department of Commerce shall make available

17-25    information regarding new business opportunities in performing

 18-1    tests of weighing or measuring devices and automotive fuel rating.

 18-2          SECTION 25.  Section 10.03, Chapter 419, Acts of the 74th

 18-3    Legislature, Regular Session, 1995, is amended to read as follows:

 18-4          Sec. 10.03.  TRANSITION:  LICENSING.  Subchapter H, Chapter

 18-5    13, Agriculture Code, [as added by this Act,] relating to

 18-6    inspecting or testing of a weighing or measuring device, applies to

 18-7    a person beginning September 1, 1999 [only after the Department of

 18-8    Agriculture reasonably demonstrates to the Legislative Budget Board

 18-9    that the department's licensing programs for inspection and testing

18-10    of liquefied petroleum gas meters and inspection and testing of

18-11    ranch scales under Subchapters F and G, Chapter 13, Agriculture

18-12    Code, respectively, will attain the performance goals established

18-13    by the Legislative Budget Board].

18-14          SECTION 26.  (a)  This Act takes effect September 1, 1997.

18-15          (b)  The changes in law made by Sections 9-13 of this Act

18-16    apply only to a delivery, transfer, or sale, as applicable, of

18-17    motor fuel that occurs on or after September 1, 1999.  A delivery,

18-18    transfer, or sale of motor fuel that occurs before September 1,

18-19    1999, is governed by the law in effect immediately before the

18-20    effective date of this Act, and that law is continued in effect for

18-21    that purpose.

18-22          (c)  Before December 1, 1997, each agency named in Section

18-23    12.0325, Agriculture Code, as added by this Act, shall appoint a

18-24    representative to serve as a member of the Texas Retail Food Store

18-25    Regulatory Committee.

 19-1          (d)  The Parks and Wildlife Department and the Texas

 19-2    Department of Health shall enter into the memoranda of agreement

 19-3    under Section 47.0113, Parks and Wildlife Code, as added by this

 19-4    Act, and shall assume their responsibilities as provided by this

 19-5    Act and those agreements before January 1, 1999[8].

 19-6          (e)  The Texas Retail Food Store Regulatory Committee shall

 19-7    report to the legislature under Section 12.0325, Agriculture Code,

 19-8    as added by this Act, before January 1, 1999.

 19-9          SECTION 27.  The importance of this legislation and the

19-10    crowded condition of the calendars in both houses create an

19-11    emergency and an imperative public necessity that the

19-12    constitutional rule requiring bills to be read on three several

19-13    days in each house be suspended, and this rule is hereby suspended.