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
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
2-4 (8) Texas Food Industry Association, appointed by such
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
3-2 (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;
3-19 (9) any other regulatory matter pertaining to a retail
3-20 food store that a majority of the members of the committee consider
3-22 (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
4-1 (a) Except as provided by Subsection (c), 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
7-14 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
10-10 (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
12-24 (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
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.