BILL ANALYSIS

 

 

Senate Research Center	S.B. 2119
	By: Alvarado
	State Affairs
	3/29/2019
	As Filed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

S.B. 2119 transfers the fuel industry�s regulatory programs from one state agency to another. Currently, the Texas Department of Agriculture (TDA) oversees the Weights & Measures programs as defined in Chapter 13, Agriculture Code, which includes regulating meters in fuel pumps. Recent legislative changes have made it where TDA no longer performs any field testing at gas stations. Routine fuel meter inspections, fuel quality sampling, and all other consumer complaint-based inspections are done by third-party licensed service companies (LSCs). The cost of these routine inspections is borne by the retailers. S.B. 2119 simply moves the liquids weights and measures program as it applies to fuel meters over where it belongs at the Texas Department of Licensing and Regulation (TDLR), a true regulatory agency.

 

S.B. 2119 transfers all Liquid Weights and Measure programs and the Fuel Quality Program from TDA to TDLR. The Liquid Weights and Measure program is Chapter 13, Agriculture Code. The Fuel Quality program is Chapter 17, Agriculture Code. The bill copies Chapters 13 and 17 and uses them to create a new chapter in the Occupations Code, Chapter 2310, to set up the programs in TDLR. S.B. 2119 makes no substantive changes to the Liquid Weights and Measures program or the Fuel Quality Program.

 

As proposed, S.B. 2119 amends current law relating to the transfer of the regulation of motor fuel metering and motor fuel quality from the Texas Department of Agriculture to the Texas Department of Licensing and Regulation.

 

RULEMAKING AUTHORITY

 

Rulemaking authority is expressly granted to the Texas Commission of Licensing and Regulation in SECTION 1 (Sections 2310.051, 2310.053, 2310.107, 2310.109, and 2310.203, Occupations Code) of this bill.

 

Rulemaking authority is expressly granted to the Texas Department of Licensing and Regulation (TDLR) in SECTION 1 (Section 2310.208, Occupations Code) of this bill.

 

Rulemaking authority previously granted to the Texas Department of Agriculture is transferred to TDLR in SECTION 6 (Section 2310.252, Occupations Code) of this bill.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Subtitle A, Title 14, Occupations Code, by adding Chapter 2310, as follows:

 

CHAPTER 2310. MOTOR FUEL AND METERING AND QUALITY

 

SUBCHAPTER A. GENERAL PROVISIONS

 

Sec. 2310.001. DEFINITIONS. (a)(1) Defines "commission" as the Texas Commission of Licensing and Regulation (TCLR).

 

(2) Defines "department" as the Texas Department of Licensing and Regulation (TDLR).

 

(3) Defines "commercial weighing or measuring device."

 

(4) Defines "dealer."

 

(5) Defines "motor fuel."

 

(6) Defines "motor fuel metering device."

 

(7) Defines "operator" or "user."

 

(8) Defines "sell."

 

(9) Defines "weighing or measuring device."

 

(10) Defines "weight or measure of a motor fuel."

 

(b) Provides that a reference to the weight of a motor fuel in this chapter is a reference to the net weight of the motor fuel.

 

Sec. 2310.002. ENFORCEMENT OF CHAPTER. (a) Requires TDLR, notwithstanding any other law, to enforce the provisions of this chapter and to supervise all motor fuel metering devices sold or offered for sale in this state. Authorizes TDLR to purchase apparatus as necessary for the administration of this chapter.

 

(b) Provides that, to the extent that this chapter conflicts with Chapter 13 (Weights and Measures), Agriculture Code, with regard to motor fuel metering devices, this chapter controls.

 

(c) Authorizes TDLR to contract with one or more license holders under Subchapter D of this chapter or Subchapter I (Licensing of Service Technicians and Service Companies), Chapter 13, Agriculture Code, to perform TDLR's duties under this chapter related to motor fuel metering devices. Provides that a reference to TCLR and TDLR in the context of a contracted service means the contractor.

 

Sec. 2310.003. CIVIL PENALTY; INJUNCTION. (a) Provides that a person who violates Subchapter B or C or a rule adopted under Subchapter B or C is liable to the state for a civil penalty not to exceed $500 for each violation. Authorizes each day a violation continues to be considered to be a separate violation for purposes of a civil penalty assessment.

 

(b) Requires the Texas attorney general (attorney general) or the county attorney or district attorney of the county in which the violation is alleged to have occurred, on request of TDLR, to file suit to collect the penalty.

 

(c) Requires a civil penalty collected under this section to be deposited in the state treasury to the credit of the general revenue fund. Requires all civil penalties recovered in suits first instituted by a local government or governments under this section to be equally divided between the State of Texas and the local government or governments with 50 percent of the recovery to be paid to the general revenue fund and the other 50 percent equally to the local government or governments first instituting the suit.

 

(d) Provides that TDLR is entitled to appropriate injunctive relief to prevent or abate a violation of this chapter or a rule adopted under this chapter. Requires the attorney general or the county or district attorney of the county to which the alleged violation is threatened or is occurring to file suit for the injunctive relief. Provides that venue is in the county in which the alleged violation is threatened or is occurring.

 

(e) Authorizes TDLR and the attorney general to each recover reasonable expenses incurred in obtaining injunctive relief and civil penalties under this section, including investigative costs, court costs, reasonable attorney's fees, witness fees, and deposition expenses. Authorizes the expenses recovered by TDLR to be appropriated only to TDLR for the administration and enforcement of this chapter. Authorizes the expenses recovered by the attorney general to be appropriated only to the attorney general.

 

SUBCHAPTER B. STANDARD WEIGHTS AND MEASURES FOR MOTOR FUEL METERING DEVICES

 

Sec. 2310.051. LEGAL STANDARDS. (a) Provides that the legal standard for the weight or measure of a motor fuel in this state is the standard weight or measure adopted and used by the government of the United States for that motor fuel. Provides that, if the United States does not provide a standard weight or measure for a motor fuel, the standard for that motor fuel is that established by this subchapter.

 

(b) Authorizes TCLR to adopt rules for the purpose of administering this subchapter and bringing about uniformity between the standards established under this subchapter and the standards established by federal law.

 

(c) Requires a contract for work or sales by weight or measure of a motor fuel, except as provided by an express contract, to be construed in accordance with the standards of this subchapter.

 

(d) Requires the standards of this subchapter to be the guide for making any adjustment of weighing or measuring devices under the law of this state.

 

Sec. 2310.052. STANDARD FOR LIQUID CAPACITY. (a) Provides that a standard unit of measure of capacity for liquids is a gallon.

 

(b) Provides that, except as provided by Subsections (c) and (d), all other measures of capacity for liquids are derived from the gallon by continual division by two, making half gallons, quarts, pints, half‑pints, and gills.

 

(c) Requires a mechanism or machine that is adapted to measure and deliver liquid by volume and that indicates fractional parts of a gallon to indicate the fractional parts either in terms of binary submultiple subdivisions or in terms of tenth of a gallon.

 

(d) Provides that, for purposes of the retail sale of motor fuel only, the liquid gallon contains 231 cubic inches without adjustment based on the temperature of the liquid.

 

Sec. 2310.053. EXEMPTION OF WEIGHING OR MEASURING DEVICES. (a) Authorizes TCLR by rule to exempt a motor fuel metering device from a requirement established by this chapter if TCLR determines that imposing or enforcing the requirement:

 

(1) is not cost‑effective for TDLR;

 

(2) is not feasible with current resources or standards; and

 

(3) will not substantially benefit or protect consumers.

 

(b) Provides that a motor fuel metering device is exempt from the requirements of this chapter if the motor fuel metering device is not used to:

 

(1) calculate the amount of fuel sold in a commercial transaction; or

 

(2) compute the charge for service.

 

Sec. 2310.054. SALE OF MOTOR FUEL BY PROPER MEASURE. (a) Requires motor fuel, except as otherwise provided by this section, to be sold by liquid measure.

 

(b) Provides that a person violates this chapter if, in violation of this section, the person sells motor fuel by other than liquid measure.

 

Sec. 2310.055. PRICE ADVERTISEMENT; MISREPRESENTATION OF PRICE OR QUANTITY. (a) Requires the figures in this fraction, if a price sign, card, tag, poster, or other advertisement displaying the price of motor fuel includes a whole number and a fraction, to be of proportionate size and legibility to those of the whole number.

 

(b) Provides that person violates this chapter if the person misrepresents the price of motor fuel sold or offered or exposed for sale or represents the price or the quantity of motor fuel sold or offered or exposed for sale in a manner intended or tending to mislead or deceive an actual or prospective customer.

 

Sec. 2310.056. FALSE REPRESENTATION OF MOTOR FUEL QUANTITY. Provides that a person violates this chapter if the person or the person's servant or agent sells or offers or exposes for sale a quantity of motor fuel that is less than the quantity the person represents or, as a buyer furnishing the weight or measure of a motor fuel by which the amount of the motor fuel is determined, takes or attempts to take more than the quantity the person represents.

 

Sec. 2310.057. USE OF INCORRECT MOTOR FUEL METERING DEVICE. (a) Provides that a person commits an offense if the person or the person's representative or agent knowingly uses an incorrect measuring device in buying or selling motor fuel, computing a charge for services rendered on the basis of measure, or determining the measure of motor fuel, if a charge is made for the determination.

 

(b) Provides that, for the purpose of this section, a measuring device is incorrect if it:

(1) does not conform as closely as practicable to the official standard;

 

(2) is not accurate;

 

(3) is of a construction that is not reasonably permanent in adjustment or does not correctly repeat its indications;

 

(4) facilitates the perpetration of fraud; or

 

(5) does not conform to the specifications and tolerances established by

the department under Section 2310.108.

 

Sec. 2310.058. SALE OF MOTOR FUEL IN VIOLATION OF SUBCHAPTER. Provides that a person violates this chapter if the person or the person's representative or agent sells or keeps, offers, or exposes for sale motor fuel in violation of this subchapter.

 

Sec. 2310.059. TESTING BY DEPARTMENT. (a) Requires TDLR to from time to time measure an amount of motor fuel that is kept or offered for sale, sold, or in the process of delivery, in order to determine if the motor fuel is of the amount or quantity represented or if the motor fuel is being offered for sale or sold in accordance with law.

 

(b) Authorizes TDLR, if TDLR finds that any lot of motor fuel contains less of the motor fuel than the amount represented, to seize the motor fuel as evidence.

 

(c) Provides that person commits an offense if the person or the person's employee or agent refuses to exhibit motor fuel being sold or offered for sale at a given weight or quantity, or ordinarily sold in that manner, to TDLR for testing and proving as to quantity.

 

Sec. 2310.060. STOP-SALE ORDER. (a) Authorizes TDLR, if TDLR has reason to believe that motor fuel is being sold or kept, offered, or exposed for sale in violation of this chapter or that motor fuel is being sold or offered for sale by or through the use of a motor fuel metering device that is in violation of this chapter, to issue and enforce a written or printed order to stop the sale of the motor fuel. Requires TDLR to present the order to the owner or custodian of the motor fuel or seller of the motor fuel. Prohibits the person receiving the order from selling the motor fuel or providing the service until discharged by a court under Subsection (b) or until TCLR finds that the motor fuel or motor fuel metering device is in compliance with this chapter.

 

(b) Provides that the owner or custodian of motor fuel or a person selling or offering for sale a service prohibited from sale by an order of TDLR is entitled to sue in a court of competent jurisdiction where the motor fuel is found or the service is being sold or offered for sale for a judgment as to the justification of the order and for the discharge of the motor fuel in accordance with the findings of the court.

 

(c) Provides that this section does not limit the right of TDLR to proceed as authorized by other sections of this code.

 

Sec. 2310.061. PENALTIES; DEFENSE. (a) Provides that an offense under Section 2310.057 or 2310.059 is a Class C misdemeanor.

 

(b) Provides that it is a defense to prosecution or to the imposition of a civil or administrative penalty for a violation of Section 2310.111 or 2310.056 that a discrepancy between the actual volume at the time of sale to a consumer or a discrepancy between the fill of a container and the capacity of the container is due to unavoidable leakage, shrinkage, evaporation, waste, or causes beyond the control of the seller acting in good faith.

 

SUBCHAPTER C. INSPECTION AND REGISTRATION OF MOTOR FUEL METERING DEVICES

 

Sec. 2310.101. AUTHORITY TO INSPECT. (a) Authorizes TDLR, if TDLR has reason to believe that a motor fuel metering device is being used for a commercial transaction and the device is not registered with TDLR, to inspect the device and the records of the owner, operator, or user of the device that relate to use of the device to determine whether the device is in compliance with this chapter.

 

(b) Provides that TDLR has reason to believe a motor fuel metering device is being used for a commercial transaction if the motor fuel metering device is found in close proximity to motor fuel being sold or offered for sale by measure and the device appears to be under the control or in the possession of the person selling the motor fuel or offering the motor fuel for sale or if other available evidence is sufficient for a prudent person to believe that the motor fuel metering device is being used for a commercial transaction.

 

Sec. 2310.105. REPAIR OR DESTRUCTION OF INCORRECT MOTOR FUEL METERING DEVICES. (a) Authorizes TDLR, if, in the judgment of TDLR, a motor fuel metering device found to be incorrect is not capable of being repaired, to condemn, seize, and destroy the device.

 

(b) Requires TDLR, if, in the judgment of TDLR, an incorrect motor fuel metering device is capable of being repaired, to place on the device a tag or other mark with the words "Out of Order." Prohibits the owner or user of the motor fuel metering device from using it until it is reinspected and released for use by TDLR or inspected and released for use in any other manner authorized by TCLR rule.

 

(c) Prohibits the owner, operator, or user of a motor fuel metering device from destroying, replacing, or otherwise disposing of a device declared to be incorrect or condemned under this section except as provided by TDLR rule.

 

Sec. 2310.106. TESTS FOR STATE INSTITUTIONS. Requires TDLR, as requested by the comptroller of public accounts of the State of Texas (comptroller) or the governing body of a state institution, to test each motor fuel metering device used by a state institution for any purpose, including a motor fuel metering device used in checking the receipt and distribution of supplies. Requires TDLR to report results of the test to the chairman of the governing body of the institution.

 

Sec. 2310.107. STANDARDS USED IN INSPECTION. (a) Provides that the standards of weights and measures maintained by TDLR and certified by the National Institute of Standards and Technology (NIST) or a metrology laboratory certified by NIST are the state's standards by which all state and local standards of weights and measures are tried, authenticated, proved, and certified.

 

(b) Requires TDLR to maintain the primary standards in a safe and suitable place in the offices of TDLR. Prohibits the standards from being moved except for repairs or certification. Requires TDLR to maintain the standards in good order and to submit them to NIST or to a laboratory approved by NIST for certification at least once every 10 years.

 

(c) Requires TDLR, in addition to the standards kept by the state, to maintain a complete set of copies of the original standards for use in adjusting local standards or in the performance of other official duties. Authorizes TDLR to purchase additional sets of standards as necessary for use by a TDLR inspector or other TDLR personnel.

 

(d) Requires TDLR, at the request of a city, to furnish the city with copies of the state's standards or test and approve other standards acquired by the city. Requires the city to reimburse the state for the actual cost of the standards furnished, plus the costs of freight and certification. Requires all standards furnished to or tested for a city to be true and correct and certified by TDLR. Authorizes the copies used by a city to be of any suitable material or construction that the city requests, subject to approval by TDLR.

 

(e) Requires TDLR, or a metrology laboratory certified by NIST and approved by TLDR, to inspect and correct the standards used by a TDLR inspector, other TDLR employee, or individual or business licensed by TDLR to perform device maintenance activities under Subchapter D, or an individual or business licensed under Subchapter I, Chapter 13, Agriculture Code.

 

(f) Authorizes TCLR to adopt rules to regulate the frequency and place of inspection and correction of the standards used by an individual or business licensed by TDLR to perform device maintenance activities under Subchapter D or an individual or business licensed under Subchapter I, Chapter 13, Agriculture Code.

 

(g) Authorizes TDLR to inspect any standard used by an individual or business licensed by TDLR to perform device maintenance activities described by Subchapter D or an individual or business licensed under Subchapter I, Chapter 13, Agriculture Code, if TDLR has reason to believe a standard is no longer in compliance with this chapter.

 

(h) Requires TDLR to keep a record of the inspection and character of standards inspected under this section.

 

Sec. 2310.108. TOLERANCES. Requires specifications and tolerances for motor fuel metering devices to be the same as those recommended by NIST.

 

Sec. 2310.109. FEES. (a) Requires TCLR by rule to establish fees in amounts reasonable and necessary to cover the cost of administering this chapter.

 

(b) Prohibits TDLR, notwithstanding any other law, from in a state fiscal biennium increasing a fee under Subsection (a) for a motor fuel metering device by an amount that exceeds 10 percent of the amount of the fee at the end of the preceding state fiscal year.

 

Sec. 2310.110. REFUSING TO ALLOW TEST OF MOTOR FUEL METERING DEVICE. (a) Provides that a person commits an offense if the person refuses to allow a motor fuel metering device under the person's control or in the person's possession to be inspected, tested, or examined by TDLR, and the inspection, test, or examination is required or authorized by this chapter.

 

(b) Provides that a person commits an offense if the person hinders or obstructs in any way TDLR, a TDLR inspector, or other TDLR personnel in the performance of official duties.

 

(c) Provides that a person commits an offense if the person removes or obliterates a tag or device placed or required by TDLR to be placed on a motor fuel metering device under this chapter.

 

Sec. 2310.111. SALE OR USE OF INCORRECT MOTOR FUEL METERING DEVICE. (a) Authorizes TDLR to condemn and prohibit the sale or distribution of any incorrect motor fuel metering device that is sold, offered for sale, or about to be sold in this state.

 

(b) Provides that a person commits an offense if the person or the person's servant or agent knowingly offers or exposes for sale, hire, or award or sells an incorrect motor fuel metering device, possesses an incorrect motor fuel metering device, or sells, offers for sale, uses, or possesses for the purpose of sale or use a device or instrument to be used to falsify or intended to falsify a weight or measure.

 

Sec. 2310.112. DISPOSING OF CONDEMNED MOTOR FUEL METERING DEVICE. Provides that a person commits an offense if the person or the person's servant or agent disposes of a motor fuel metering device condemned under Section 2310.105 or 2310.111 in a manner contrary to those sections.

 

Sec. 2310.113. PENALTIES. Provides that an offense under each of Sections 2310.110 through 2310.112 is a Class C misdemeanor.

 

SUBCHAPTER D. LICENSING OF MOTOR FUEL METERING DEVICE SERVICE TECHNICIANS AND MOTOR FUEL METERING DEVICE SERVICE COMPANIES

 

Sec. 2310.201. DEFINITIONS. Defines "license holder," "service company," and "service technician" for purposes of this subchapter.

 

Sec. 2310.202. DEVICE MAINTENANCE ACTIVITIES. Provides that a person performs device maintenance activities if the person or the person's employee:

 

(1) places a motor fuel metering device in service;

 

(2) installs, calibrates, inspects, tests, or repairs a motor fuel metering device; or

 

(3) removes an out-of-order tag, stop-sale order, security seal, lock, condemnation notice, or other form of use prohibition placed on a motor fuel metering device by TDLR.

 

Sec. 2310.203. POWERS AND DUTIES OF DEPARTMENT. (a) Authorizes TDLR, to verify compliance with licensing requirements, trade practices, TDLR rules, and this chapter, to periodically or in response to a complaint or previous violation inspect an applicant's or license holder's:

 

(1) facilities;

 

(2) inspecting and testing equipment and procedures;

 

(3) repair and calibration equipment, standards, and procedures;

 

(4) transportation equipment; and

 

(5) invoices, work orders, and other records related to device maintenance activities.

 

(b) Authorizes TDLR to periodically or in response to a complaint or previous violation monitor and inspect or test motor fuel metering devices that have been inspected and tested by a license holder and any standards used by the license holder during an inspection or test.

 

(c) Authorizes TCLR by rule to adopt additional requirements for the issuance of a license and for the denial of an application for a license or renewal of a license. Requires rules adopted by TCLR under this subsection to be designed to protect the public health, safety, and welfare and the proper inspection, testing, and operation of commercial motor fuel metering devices.

 

(d) Authorizes TCLR to adopt other rules necessary for the regulation of device maintenance activities, for the proper operation of motor fuel metering devices, and to protect the health, safety, and welfare of the public and license holders.

 

(e) Authorizes TDLR to specify the date, time, and place for any inspection authorized by this section.

 

Sec. 2310.204. EXEMPTIONS FROM LICENSE REQUIREMENTS. (a) Provides that a person is not required to hold a license issued under this subchapter if the person:

 

(1) is a TDLR employee who is performing device maintenance activities in the scope of the person's duties for TDLR;

 

(2) is the owner or operator of a commercial weighing or measuring motor fuel metering device or an employee of the owner or operator of a commercial weighing or measuring motor fuel metering device and the person:

 

(A) completely removes the commercial weighing or measuring motor fuel metering device from the location at which the device was installed, including a device subject to an out-of-order tag, stop-sale order, security seal, lock, condemnation notice, or other item placed on the device by TDLR to prohibit use of the device; and

 

(B) notifies TDLR of the device's removal not later than the 10th day after the date the device was removed in the manner provided by TDLR rule;

 

(3) performs device maintenance activities only on a device that is:

 

(A) exempt from the registration requirements of Section 2310.103 under TCLR rules;

 

(B) exempt from the inspection requirements of Section 2310.102 under TCLR rules; and

 

(C) not required to be inspected by other TCLR rules; or

 

(4) is a license holder under Subchapter I, Chapter 13, Agriculture Code.

 

(b) Provides that TDLR is not required to hold a license issued under this subchapter or Subchapter I, Chapter 13, Agriculture Code.

 

Sec. 2310.205. SERVICE TECHNICIAN LICENSE REQUIRED. Prohibits an individual, unless the individual is exempt from the licensing requirement, from performing or offering to perform device maintenance activities unless the individual holds a service technician license issued by TDLR under this subchapter.

 

Sec. 2310.206. SERVICE COMPANY LICENSE REQUIRED. (a) Prohibits a person, unless the person is exempt from the license requirement, from employing an individual who performs or offers to perform device maintenance activities unless the person holds a service company license issued by TDLR under this subchapter.

 

(b) Prohibits an individual, unless the individual is exempt from the licensing requirement, from performing or offering to perform device maintenance activities as a sole proprietor unless the individual holds a service technician license and a service company license issued by TDLR under this subchapter.

 

Sec. 2310.207. APPLICATION FOR LICENSE. Requires an applicant for a license under this subchapter to submit to TDLR an application form prescribed by TDLR, any other information required by TDLR, and a fee in an amount set by TDLR.

 

Sec. 2310.208. SERVICE TECHNICIAN LICENSE REQUIREMENTS. (a) Requires TDLR to issue a license to each qualified applicant who applies for a service technician license.

 

(b) Authorizes TDLR by rule to require an applicant for the issuance or renewal of a service technician license to meet one or more of the following requirements:

 

(1) provide to TDLR proof that the applicant has completed an academic, trade, or professional course of instruction approved by TDLR;

 

(2) pass a written test; or

 

(3) pass a practical skills test.

 

Sec. 2310.209. SERVICE COMPANY LICENSE REQUIREMENTS. (a) Requires TDLR to issue a license to each qualified applicant who applies for a service company license.

 

(b) Requires an applicant for the issuance or renewal of a license under this section to submit to TDLR a certificate of insurance evidencing that the applicant has an insurance policy that meets the requirements of Section 2310.210 effective for the period for which the license is to be issued or renewed and meet any other requirements provided by TCLR rule.

 

Sec. 2310.210. INSURANCE POLICY REQUIRED FOR SERVICE COMPANY. Requires a service company to maintain at all times while the service company performs device maintenance activities a current effective operations liability insurance policy issued by an insurance company authorized to do business in this state or by a surplus lines insurer that meets the requirements of Chapter 981 (Surplus Lines Insurance), Insurance Code, and rules adopted by the commissioner of insurance in an amount set by TDLR and based on the type of licensed activities to be performed.

 

Sec. 2310.211. TERM OF LICENSE. Provides that a license issued under this subchapter is valid for one year unless a different term is established by TCLR rule.

 

Sec. 2310.212. LICENSE RENEWAL. Requires a person licensed under this subchapter to periodically renew the person's license. Provides that the license expires unless the license holder submits an application for renewal accompanied by the renewal fee set by TDLR or by the late fee set by TDLR and meets the requirements for renewal.

 

Sec. 2310.213. PRACTICE BY LICENSE HOLDER. (a) Requires a license holder to perform device maintenance activities in compliance with TCLR rules.

 

(b) Authorizes a license holder to use only equipment approved by TDLR, as provided by TCLR rules, when performing device maintenance activities.

 

Sec. 2310.214. CRIMINAL PENALTY. (a) Provides that a person commits an offense if the person violates Section 2310.205 or 2310.206 or causes another person to violate Section 2310.205 or 2310.206.

 

(b) Provides that an offense under Subsection (a) is a Class B misdemeanor, unless the person has been previously convicted of an offense under this section, in which case the offense is a Class A misdemeanor.

 

SECTION 2. Transfers Section 13.1015, Agriculture Code, to Subchapter C, Chapter 2310, Occupations Code, as added by this Act, redesignates it as Section 2310.102, Occupations Code, and amends it to make conforming and nonsubstantive changes.

 

SECTION 3. Transfers Section 13.1016, Agriculture Code, to Subchapter C, Chapter 2310, Occupations Code, as added by this Act, redesignates it as Section 2310.103, Occupations Code, and amends it as follows:

 

Sec. 2310.103. REQUIRED REGISTRATION OF MOTOR FUEL METERING DEVICES. (a) Makes no changes to this subsection.

 

(b) Requires an application for a motor fuel metering device registration to:

 

(1) and (2) makes no changes to these subdivisions;

 

(3) include any fees required under Section 2310.109, rather than include the registration fee required under Section 13.1151 (Fees for Registration and Inspection), Agriculture Code; and

 

(4) makes a conforming change.

 

(c) Makes a conforming change.

 

(d) and (e) Makes no changes to these subsections.

 

SECTION 4. Transfers Section 13.1017, Agriculture Code, to Subchapter C, Chapter 2310, Occupations Code, as added by this Act, redesignates it as Section 2310.104, Occupations Code, and amends it to make conforming changes.

 

SECTION 5. Amends Chapter 2310, Occupations Code, as added by this Act, by adding Subchapter F and adding a subchapter heading to read as follows:

 

SUBCHAPTER F. SALE, DELIVERY, AND QUALITY OF MOTOR FUEL

 

SECTION 6. Transfers Sections 17.051, 17.071, and 17.072, Agriculture Code, to Subchapter F, Chapter 2310, Occupations Code, as added by this Act, redesignates them as Sections 2310.251, 2310.252, and 2310.253, respectively, and amends them as follows:

 

Sec. 2310.251. NOTICE OF SALE OF ALCOHOL AND FUEL MIXTURE. (a) and (b) Makes no conforming changes to these subsections.

 

(c) Provides that other alcohol or additive information and any relevant posting are subject to regulation by TDLR, rather than the commissioner of agriculture.

 

Sec. 2310.252. MINIMUM MOTOR FUEL QUALITY AND TESTING STANDARDS. Makes conforming changes.

 

Sec. 2310.253. TESTING OF MOTOR FUEL QUALITY. (a) Makes a conforming change.

 

(a-1) Requires the collection of samples and conducting of testing at a dealer�s location to be performed by a license holder under Subchapter D of this chapter or Subchapter I, Chapter 13, Agriculture Code, under contract with the dealer, rather than under Subchapter I, Chapter 13, Agriculture Code, under contract with the dealer.

 

(b) and (c) Makes no changes to these subsections.

 

SECTION 7. Amends Section 13.001, Agriculture Code, by adding Subsection (c) to provide that, in this chapter, "commodity" does not include motor fuel.

 

SECTION 8. Amends Section 13.114, Agriculture Code, to delete existing text providing a certain exception relating to motor fuel metering devices to the requirement that the specifications and tolerances be similar to those recommended by NIST and to make a conforming change.

 

SECTION 9. Amends Section 162.009, Tax Code, to authorize certain entities, including TDLR, to take samples of motor fuel from a storage tank or container for certain purposes and to delete existing text that authorizes the Texas Department of Agriculture (TDA) to do the same.

 

SECTION 10. Amends Section 162.403, Tax Code, to provide that, except as provided by Section 162.404 (Criminal Offenses: Special Provisions and Exceptions), a person commits an offense if the person performs certain acts, including refusing to permit certain entities, including an employing of TDLR, rather than an employee of TDA, to perform certain actions relating to motor fuel.

 

SECTION 11. Repealer: Section 13.001(a)(1-a) (relating to the definition of "motor fuel metering device"), Agriculture Code.

 

Repealer: Section 13.024(d) (relating to providing, for purposes of the retail sale of motor fuel only, the measurement for a liquid gallon), Agriculture Code.

 

Repealer: Section 13.029(b) (relating to exempting a motor fuel metering device from the requirements of this chapter (Weights and Measures) if the device is not used for certain purposes), Agriculture Code.

 

Repealer: Section 13.101(e) (relating to providing that this section (Inspection of Devices) does not apply to a motor fuel metering device), Agriculture Code.

 

Repealer: Section 13.1011(e) (relating to relating to providing that this section (Required Registration) does not apply to a motor fuel metering device), Agriculture Code.

 

Repealer: Section 13.1151(b) (relating to prohibiting TDA, notwithstanding any other law, from, in a state fiscal biennium, increasing a certain fee for a motor fuel metering devie by a certain amount), Agriculture Code.

 

SECTION 12. (a) Provides that all rules, fees, policies, procedures, decisions, and forms of TDA that relate to a program or activity transferred under this Act and that are in effect on the effective date of the transfer remain in effect until changed by TCLR.

 

(b) Provides that a license, permit, certificate of registration, or other authorization issued by TDA for a program or activity transferred under this Act is continued in effect as a license, permit, certificate, or other authorization of TDLR after the effective date of the transfer.

 

(c) Provides that a complaint, investigation, contested case, or other proceeding TDA relating to a program or activity transferred under this Act that is pending on the effective date of the transfer is transferred without change in status to TCLR or TDLR, as appropriate.

 

(d) Provides that all money, contracts, leases, property, records, and obligations of TDA relating to a program or activity transferred under this Act are transferred to TDLR.

 

(e) Provides that the unexpended and unobligated balance of any money appropriated by the legislature relating to a program or activity transferred under this Act is transferred to TDLR.

 

(f) Provides that, unless the context indicates otherwise, a reference in law or administrative rule to TDA with respect to a program or activity transferred under this Act means TCLR or TDLR, as appropriate.

 

SECTION 13. (a) Requires TDA and TDLR, as soon as practicable after the effective date of this Act, to adopt a transition plan to provide for the orderly transfer of powers, duties, functions, programs, and activities under this Act. Requires the transition plan to provide for the transfer to be completed not later than September 1, 2020.

 

(b) Requires TDA to provide TDLR with access to any systems, facilities, or information necessary for TDLR to accept a program or activity transferred under this Act.

 

(c) Authorizes TDLR to establish and lead a stakeholder workgroup to provide input, advice, and recommendations to TDA and TDLR on the orderly transfer of powers, duties, functions, programs, and activities under this Act. Requires TDLR to establish the size, composition, and scope of the stakeholder workgroup.

 

(d) Provides that on the date specified in the transition plan required under Subsection (a) of this section for the transfer of a program or activity transferred by this Act to TDLR, all full-time equivalent employee positions at TDA that directly and indirectly concern the administration or enforcement of the program or activity being transferred become positions at TDLR. Requires TDLR to post the positions for hiring and, when filling the positions, to give consideration to, but provides that TDLR is not required to hire, an applicant who, immediately before the date of the transfer, was an employee at TDA involved in administering or enforcing the transferred program or activity.

 

(e) Provides that Subsection (c) of this section expires on October 1, 2020.

 

SECTION 14. Effective date: upon passage or September 1, 2019.