Bill Text: TX SB2062 | 2021-2022 | 87th Legislature | Enrolled

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Bill Title: Relating to the establishment of the Motor Fuel Metering and Quality Advisory Board.

Spectrum: Bipartisan Bill

Status: (Passed) 2021-06-07 - Effective immediately [SB2062 Detail]

Download: Texas-2021-SB2062-Enrolled.html

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S.B. No. 2062

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.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 2062 passed the Senate on
April 14, 2021, by the following vote: Yeas 29, Nays 2.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 2062 passed the House on
May 23, 2021, by the following vote: Yeas 102, Nays 43, two
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor