By: Menéndez S.B. No. 2062     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.