By: Menéndez  S.B. No. 2062
         (In the Senate - Filed March 12, 2021; April 1, 2021, read
  first time and referred to Committee on Business & Commerce;
  April 9, 2021, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 9, Nays 0; April 9, 2021,
  sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 2062 By:  Hancock
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the establishment of the Motor Fuel Metering and
  Quality Advisory Board.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 2310, Occupations Code, is amended by
  adding Subchapter A-1 to read as follows:
  SUBCHAPTER A-1.  ADVISORY BOARD
         Sec. 2310.031.  DEFINITIONS. In this subchapter:
               (1)  "Board" means the Motor Fuel Metering and Quality
  Advisory Board.
               (2)  "Distributor," "supplier," and "wholesaler" have
  the meanings assigned by Section 2310.2001.
         Sec. 2310.032.  BOARD MEMBERSHIP. (a)  The board consists
  of nine members appointed by the presiding officer of the
  commission, with the approval of the commission, as follows:
               (1)  four members who are dealers or representatives
  designated by the dealers, including:
                     (A)  one dealer that has fewer than 501 motor fuel
  metering devices registered with the department;
                     (B)  one dealer that has more than 1,000 but fewer
  than 5,000 motor fuel metering devices registered with the
  department;
                     (C)  one dealer that has more than 5,000 motor
  fuel metering devices registered with the department; and 
                     (D)  one dealer without regard to the dealer's
  number of motor fuel metering devices registered with the
  department;
               (2)  two members who represent service companies, as
  defined by Section 2310.151;
               (3)  one member who represents a wholesaler or
  distributor;
               (4)  one member who represents a supplier; and
               (5)  one member of the public.
         (b)  The presiding officer of the commission, with the
  approval of the commission, shall appoint two ex officio nonvoting
  members of the board. An ex officio member is not counted as a
  member for purposes of establishing a quorum.  The ex officio
  members must include:
               (1)  one member who represents:
                     (A)  a financial institution, as defined by
  Section 277.001, Finance Code; or
                     (B)  a credit card issuer other than a financial
  institution; and
               (2)  one member who represents a law enforcement
  agency.
         (c)  Appointments to the board shall be made without regard
  to the race, color, disability, sex, religion, age, or national
  origin of the appointees.
         Sec. 2310.033.  TERMS; VACANCY.  (a)  Members of the board
  serve staggered six-year terms, with the terms of three or four
  members expiring on February 1 of each odd-numbered year.
         (b)  If a vacancy occurs during a member's term, the
  presiding officer of the commission, with the commission's
  approval, shall appoint a replacement to fill the unexpired term.
         Sec. 2310.034.  PRESIDING OFFICER. The presiding officer of
  the commission, with the approval of the commission, shall appoint
  one of the board members to serve as presiding officer of the board
  for a term of one year.
         Sec. 2310.035.  DUTIES. The board may advise the commission
  and department on:
               (1)  the adoption of appropriate standards for the
  installation, maintenance, calibration, alteration, operation,
  testing, or inspection, as applicable, of:
                     (A)  motor fuel dispensing devices;
                     (B)  motor fuel metering devices; and
                     (C)  motor fuel;
               (2)  education and curricula for applicants for a
  license issued under this chapter and license holders;
               (3)  the content of examinations;
               (4)  proposed rules and standards on technical issues
  related to motor fuel metering and quality and payment card
  skimmers; and
               (5)  other issues affecting motor fuel metering and
  quality.
         Sec. 2310.036.  MEETINGS. The advisory board shall meet at
  the call of the executive director or the presiding officer of the
  commission.
         SECTION 2.  (a)  Not later than February 1, 2022, the
  presiding officer of the Texas Commission of Licensing and
  Regulation shall appoint members to the Motor Fuel Metering and
  Quality Advisory Board in accordance with Section 2310.032,
  Occupations Code, as added by this Act.
         (b)  Notwithstanding Section 2310.033, Occupations Code, as
  added by this Act, in making the initial appointments to the Motor
  Fuel Metering and Quality Advisory Board, the presiding officer of
  the Texas Commission of Licensing and Regulation shall designate
  three members of the advisory board to serve terms expiring
  February 1, 2023, four members to serve terms expiring February 1,
  2025, and four members to serve terms expiring February 1, 2027.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2021.
 
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