Bill Text: TX SB2119 | 2019-2020 | 86th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the transfer of the regulation of motor fuel metering and motor fuel quality from the Department of Agriculture to the Texas Department of Licensing and Regulation; providing civil and administrative penalties; creating criminal offenses; requiring occupational licenses; authorizing fees.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Passed) 2019-06-14 - See remarks for effective date [SB2119 Detail]
Download: Texas-2019-SB2119-Comm_Sub.html
Bill Title: Relating to the transfer of the regulation of motor fuel metering and motor fuel quality from the Department of Agriculture to the Texas Department of Licensing and Regulation; providing civil and administrative penalties; creating criminal offenses; requiring occupational licenses; authorizing fees.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Passed) 2019-06-14 - See remarks for effective date [SB2119 Detail]
Download: Texas-2019-SB2119-Comm_Sub.html
86R28659 BEF-F | ||
By: Alvarado | S.B. No. 2119 | |
(Goldman) | ||
Substitute the following for S.B. No. 2119: No. |
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relating to the transfer of the regulation of motor fuel metering | |||||
and motor fuel quality from the Department of Agriculture to the | |||||
Texas Department of Licensing and Regulation; providing civil and | |||||
administrative penalties; creating criminal offenses; requiring | |||||
occupational licenses; authorizing fees. | |||||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |||||
SECTION 1. Subtitle A, Title 14, Occupations Code, is | |||||
amended by adding Chapter 2310 to read as follows: | |||||
CHAPTER 2310. MOTOR FUEL METERING AND QUALITY | |||||
SUBCHAPTER A. GENERAL PROVISIONS | |||||
Sec. 2310.001. DEFINITIONS. (a) In this chapter: | |||||
(1) "Commercial weighing or measuring device" means a | |||||
weighing or measuring device used in a commercial transaction. | |||||
(2) "Commission" means the Texas Commission of | |||||
Licensing and Regulation. | |||||
(3) "Dealer" means a person who: | |||||
(A) is the operator of a service station or other | |||||
retail outlet; and | |||||
(B) delivers motor fuel into the fuel tanks of | |||||
motor vehicles or motor boats. | |||||
(4) "Department" means the Texas Department of | |||||
Licensing and Regulation. | |||||
(5) "Executive director" means the executive director | |||||
of the department. | |||||
(6) "Motor fuel" has the meaning assigned by Section | |||||
162.001, Tax Code. | |||||
(7) "Motor fuel metering device" means a commercial | |||||
weighing or measuring device used for motor fuel sales. | |||||
(8) "Operator" or "user" means a person in possession | |||||
or control of a weighing or measuring device. | |||||
(9) "Sell" includes barter or exchange. | |||||
(10) "Weighing or measuring device" means a scale or a | |||||
mechanical or electronic device used to dispense or deliver a motor | |||||
fuel by weight, volume, flow rate, or other measure or to compute | |||||
the charge for a service related to motor fuel. | |||||
(11) "Weight or measure of a motor fuel" means the | |||||
weight or measure of a motor fuel as determined by a weighing or | |||||
measuring device. | |||||
(b) 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) | |||||
Notwithstanding any other law, the department shall administer and | |||||
enforce the provisions of this chapter and shall regulate all motor | |||||
fuel metering devices sold or offered for sale in this state. The | |||||
department may purchase apparatus as necessary for the | |||||
administration of this chapter. | |||||
(b) To the extent this chapter conflicts with Chapter 13, | |||||
Agriculture Code, with regard to motor fuel metering devices, this | |||||
chapter controls. | |||||
(c) The department may contract with one or more license | |||||
holders under Subchapter D of this chapter or Subchapter I, Chapter | |||||
13, Agriculture Code, to perform the department's duties under this | |||||
chapter related to motor fuel metering devices. A reference in this | |||||
chapter to the commission or department in the context of a | |||||
contracted service means the contractor. | |||||
Sec. 2310.003. CIVIL PENALTY; INJUNCTION. (a) 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. Each day a violation continues may be considered a | |||||
separate violation for purposes of a civil penalty assessment. | |||||
(b) On request of the executive director, the attorney | |||||
general or the county attorney or district attorney of the county in | |||||
which the violation is alleged to have occurred shall file suit to | |||||
collect the penalty. | |||||
(c) A civil penalty collected under this section shall be | |||||
deposited in the state treasury to the credit of the general revenue | |||||
fund. A civil penalty recovered in a suit first instituted by one | |||||
or more local governments under this section shall be equally | |||||
divided between this state and each local government that first | |||||
instituted the suit, with 50 percent of the recovery deposited to | |||||
the credit of the general revenue fund and the other 50 percent | |||||
distributed equally to each local government. | |||||
(d) The executive director is entitled to appropriate | |||||
injunctive relief to prevent or abate a violation of this chapter or | |||||
a rule adopted under this chapter. On request of the executive | |||||
director, the attorney general or the county or district attorney | |||||
of the county in which the alleged violation is threatened or is | |||||
occurring shall file suit for the injunctive relief. Venue is in | |||||
the county in which the alleged violation is threatened or is | |||||
occurring. | |||||
(e) The department and the attorney general may 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. The expenses recovered by the department may | |||||
be appropriated only to the department for the administration and | |||||
enforcement of this chapter. The expenses recovered by the | |||||
attorney general may be appropriated only to the attorney general. | |||||
SUBCHAPTER B. STANDARD WEIGHTS AND MEASURES FOR MOTOR FUEL | |||||
Sec. 2310.051. LEGAL STANDARDS. (a) 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. If the United States does not provide a | |||||
standard weight or measure for a motor fuel, the standard for the | |||||
motor fuel is that established by this subchapter. | |||||
(b) The commission may 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) Except as otherwise provided by an express contract, a | |||||
contract for work or sales by weight or measure of a motor fuel | |||||
shall be construed in accordance with the standards of this | |||||
subchapter. | |||||
(d) The standards of this subchapter shall be the guide for | |||||
making any adjustment of weighing or measuring devices under the | |||||
law of this state. | |||||
Sec. 2310.052. STANDARD FOR LIQUID MOTOR FUEL. (a) This | |||||
section does not apply to compressed natural gas or liquefied | |||||
natural gas. | |||||
(b) The standard unit of measure of capacity for liquid | |||||
motor fuels is the gallon. | |||||
(c) Except as provided by Subsections (d) and (e), all other | |||||
measures of capacity for liquid motor fuels are derived from the | |||||
gallon by continual division by two, making half gallons, quarts, | |||||
pints, half pints, and gills. | |||||
(d) A mechanism or machine that is adapted to measure and | |||||
deliver liquid motor fuels by volume and that indicates fractional | |||||
parts of a gallon shall indicate the fractional parts either in | |||||
terms of binary submultiple subdivisions or in terms of tenths of a | |||||
gallon. | |||||
(e) 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 CERTAIN MOTOR FUEL METERING | |||||
DEVICES. (a) The commission by rule may exempt a motor fuel | |||||
metering device from a requirement established by this chapter if | |||||
the commission determines that imposing or enforcing the | |||||
requirement: | |||||
(1) is not cost-effective for the department; | |||||
(2) is not feasible with current resources or | |||||
standards; or | |||||
(3) will not substantially benefit or protect | |||||
consumers. | |||||
(b) 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 motor fuel sold in a | |||||
commercial transaction; or | |||||
(2) compute the charge for service. | |||||
Sec. 2310.054. SALE OF MOTOR FUEL BY PROPER MEASURE. (a) | |||||
Except as otherwise provided by this section, motor fuel shall be | |||||
sold by liquid measure. | |||||
(b) Compressed natural gas and liquefied natural gas shall | |||||
be sold by weight. | |||||
(c) A person violates this chapter if, in violation of this | |||||
section, the person sells motor fuel by other than weight or liquid | |||||
measure. | |||||
Sec. 2310.055. PRICE ADVERTISEMENT; MISREPRESENTATION OF | |||||
PRICE OR QUANTITY. (a) If a price sign, card, tag, poster, or other | |||||
advertisement displaying the price of motor fuel includes a whole | |||||
number and a fraction, the figures in the fraction shall be of | |||||
proportionate size and legibility to those of the whole number. | |||||
(b) A person violates this chapter if the person: | |||||
(1) misrepresents the price of motor fuel sold or | |||||
offered or exposed for sale; or | |||||
(2) 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. | |||||
A person violates this chapter if the person or the person's | |||||
representative or agent: | |||||
(1) sells or offers or exposes for sale a quantity of | |||||
motor fuel that is less than the quantity the person represents; or | |||||
(2) 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) A person commits an offense if the person or the person's | |||||
representative or agent knowingly uses an incorrect weighing or | |||||
measuring device in: | |||||
(1) buying or selling motor fuel; | |||||
(2) computing a charge for services rendered on the | |||||
basis of weight or measure; or | |||||
(3) determining the weight or measure of motor fuel, | |||||
if a charge is made for the determination. | |||||
(b) For the purpose of this section, a weighing or measuring | |||||
device is incorrect if it: | |||||
(1) does not conform as closely as practicable to the | |||||
official standards; | |||||
(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 under Section 2310.107. | |||||
Sec. 2310.058. SALE OF MOTOR FUEL IN VIOLATION OF | |||||
SUBCHAPTER. 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) The department | |||||
shall from time to time weigh or measure an amount of motor fuel | |||||
that is kept or offered for sale, sold, or in the process of | |||||
delivery, in order to determine: | |||||
(1) if the motor fuel is of the amount or quantity | |||||
represented; or | |||||
(2) if the motor fuel is being offered for sale or sold | |||||
in accordance with law. | |||||
(b) If the department finds that any lot of motor fuel | |||||
contains less of the motor fuel than the amount represented, the | |||||
department may seize the motor fuel as evidence. | |||||
(c) A 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 the department for testing and proving as to | |||||
quantity. | |||||
Sec. 2310.060. STOP-SALE ORDER. (a) If the department 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, the executive | |||||
director may issue an order to stop the sale of the motor fuel. The | |||||
executive director shall issue the order to the owner or custodian | |||||
of the motor fuel or seller of the motor fuel. The person receiving | |||||
the order may not sell the motor fuel until discharged by a court | |||||
under Subsection (b) or until the executive director finds that the | |||||
motor fuel or motor fuel metering device is in compliance with this | |||||
chapter. | |||||
(b) The owner, custodian, or seller of motor fuel prohibited | |||||
from sale by an order of the executive director is entitled to sue | |||||
in a court where the motor fuel is found or 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) This section does not limit the right of the department | |||||
to proceed as authorized by other sections of this code. | |||||
Sec. 2310.061. PENALTIES; DEFENSE. (a) An offense under | |||||
Section 2310.057 or 2310.059 is a Class C misdemeanor. | |||||
(b) It is a defense to prosecution or to the imposition of a | |||||
civil or administrative penalty for a violation of Section 2310.057 | |||||
or 2310.059 that a discrepancy between the actual weight or 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) If the department | |||||
has reason to believe that a motor fuel metering device is being | |||||
used for a commercial transaction and the device is not registered | |||||
with the department, the department may 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) The department has reason to believe a motor fuel | |||||
metering device is being used for a commercial transaction if: | |||||
(1) the motor fuel metering device is found near motor | |||||
fuel being sold or offered for sale by weight or 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 | |||||
(2) 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. 2310.104. COMPLAINTS REGARDING MOTOR FUEL METERING | |||||
DEVICES. In accordance with Chapter 51, the executive director | |||||
shall establish methods by which consumers and service recipients | |||||
are notified of the name, mailing address, and telephone number of | |||||
the department for the purpose of directing complaints to the | |||||
department. The department shall provide to the person filing the | |||||
complaint and to each person who is a subject of the complaint | |||||
information about the department's policies and procedures | |||||
relating to complaint investigation and resolution. | |||||
Sec. 2310.105. REPAIR OR DESTRUCTION OF INCORRECT MOTOR | |||||
FUEL METERING DEVICES. (a) If, in the judgment of the department, | |||||
a motor fuel metering device found to be incorrect is not capable of | |||||
being repaired, the department may condemn, seize, and destroy the | |||||
device. | |||||
(b) If, in the judgment of the department, an incorrect | |||||
motor fuel metering device is capable of being repaired, the | |||||
department shall place on the device a tag or other mark with the | |||||
words "Out of Order." The owner or user of the motor fuel metering | |||||
device may not use it until it is reinspected and released for use | |||||
by the department or inspected and released for use in any other | |||||
manner authorized by commission rule. | |||||
(c) The owner, operator, or user of a motor fuel metering | |||||
device may not destroy, replace, or otherwise dispose of a device | |||||
declared to be incorrect or condemned under this section except as | |||||
provided by commission rule. | |||||
Sec. 2310.106. INSPECTION OF STANDARDS USED TO PERFORM | |||||
DEVICE MAINTENANCE ACTIVITIES. (a) In this section, "state | |||||
metrology laboratory" means the metrology laboratory maintained by | |||||
the Department of Agriculture under Subchapter C, Chapter 13, | |||||
Agriculture Code. | |||||
(b) The commission may adopt rules to regulate the frequency | |||||
and place of inspection and correction of the standards for motor | |||||
fuel used by an individual or business licensed by the department to | |||||
perform device maintenance activities under Subchapter D or an | |||||
individual or business licensed under Subchapter I, Chapter 13, | |||||
Agriculture Code. | |||||
(c) The department may inspect any standard for motor fuel | |||||
used by an individual or business licensed by the department to | |||||
perform device maintenance activities described by Subchapter D or | |||||
an individual or business licensed under Subchapter I, Chapter 13, | |||||
Agriculture Code, if the department has reason to believe a | |||||
standard is no longer in compliance with this chapter. | |||||
(d) The department shall keep a record of the inspection and | |||||
character of standards for motor fuel inspected under this section. | |||||
(e) The state metrology laboratory shall purchase | |||||
additional sets of standards as necessary for use by a department | |||||
inspector or other department personnel. | |||||
(f) The state metrology laboratory shall inspect and | |||||
correct the standards for motor fuel used by a department | |||||
inspector, another department employee, an individual or business | |||||
licensed by the department to perform device maintenance activities | |||||
under Subchapter D, or an individual or business licensed under | |||||
Subchapter I, Chapter 13, Agriculture Code. | |||||
(g) The department and the state metrology laboratory shall | |||||
enter into a memorandum of understanding to implement this section. | |||||
The memorandum of understanding must provide department personnel | |||||
and persons licensed under Subchapter D with access to state | |||||
metrology laboratory services equal to the access provided to | |||||
Department of Agriculture personnel and persons licensed under | |||||
Subchapter I, Chapter 13, Agriculture Code, and under equivalent | |||||
terms and conditions. | |||||
Sec. 2310.107. TOLERANCES. Specifications and tolerances | |||||
for motor fuel metering devices shall be the same as those | |||||
recommended by the National Institute of Standards and Technology. | |||||
Sec. 2310.108. FEES. The commission by rule shall | |||||
establish fees in amounts reasonable and necessary to cover the | |||||
cost of administering this chapter. | |||||
Sec. 2310.109. REFUSING TO ALLOW TEST OF MOTOR FUEL | |||||
METERING DEVICE. (a) 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 the department, and the inspection, test, or | |||||
examination is required or authorized by this chapter. | |||||
(b) A person commits an offense if the person hinders or | |||||
obstructs in any way the department, a department inspector, or | |||||
other department employee in the performance of official duties. | |||||
(c) A person commits an offense if the person removes or | |||||
obliterates a tag or device placed or required by the department to | |||||
be placed on a motor fuel metering device under this chapter. | |||||
Sec. 2310.110. SALE OR USE OF INCORRECT MOTOR FUEL METERING | |||||
DEVICE. (a) The department may 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) A person commits an offense if the person or the | |||||
person's representative or agent knowingly: | |||||
(1) offers or exposes for sale, hire, or award or sells | |||||
an incorrect motor fuel metering device; | |||||
(2) possesses an incorrect motor fuel metering device; | |||||
or | |||||
(3) 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 for motor fuel. | |||||
Sec. 2310.111. DISPOSING OF CONDEMNED MOTOR FUEL METERING | |||||
DEVICE. A person commits an offense if the person or the person's | |||||
representative or agent disposes of a motor fuel metering device | |||||
condemned under Section 2310.105 or 2310.110 in a manner contrary | |||||
to those sections. | |||||
Sec. 2310.112. PENALTIES. An offense under Section | |||||
2310.109, 2310.110, or 2310.111 is a Class C misdemeanor. | |||||
SUBCHAPTER D. LICENSING OF MOTOR FUEL METERING DEVICE SERVICE | |||||
TECHNICIANS AND MOTOR FUEL METERING DEVICE SERVICE COMPANIES | |||||
Sec. 2310.151. DEFINITIONS. In this subchapter: | |||||
(1) "Device maintenance activities" means activities | |||||
described by Section 2310.152. | |||||
(2) "License holder" means a person who holds a motor | |||||
fuel metering device service company license or a motor fuel | |||||
metering device service technician license. | |||||
(3) "Service company" means a person who holds a motor | |||||
fuel metering device service company license issued by the | |||||
department under this subchapter. | |||||
(4) "Service technician" means an individual who holds | |||||
a motor fuel metering device service technician license issued by | |||||
the department under this subchapter. | |||||
Sec. 2310.152. DEVICE MAINTENANCE ACTIVITIES. 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 the | |||||
department. | |||||
Sec. 2310.153. POWERS AND DUTIES OF DEPARTMENT. (a) To | |||||
verify compliance with licensing requirements, trade practices, | |||||
commission rules, and this chapter, the department may 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) The department may 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) The commission by rule may adopt additional | |||||
requirements for the issuance of a license and for the denial of an | |||||
application for a license or renewal of a license. Rules adopted by | |||||
the commission under this subsection must be designed to protect | |||||
the public health, safety, and welfare and ensure the proper | |||||
inspection, testing, and operation of motor fuel metering devices. | |||||
(d) The commission may 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) The department may specify the date, time, and place for | |||||
any inspection authorized by this section. | |||||
Sec. 2310.154. EXEMPTIONS FROM LICENSE REQUIREMENTS. (a) | |||||
A person is not required to hold a license issued under this | |||||
subchapter if the person: | |||||
(1) is a department employee who is performing device | |||||
maintenance activities in the scope of the person's duties for the | |||||
department; | |||||
(2) is the owner or operator of a motor fuel metering | |||||
device or an employee of the owner or operator of a motor fuel | |||||
metering device and the person: | |||||
(A) completely removes the 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 the department to prohibit use of the device; and | |||||
(B) notifies the department of the motor fuel | |||||
metering device's removal not later than the 10th day after the date | |||||
the device was removed in the manner provided by commission rule; | |||||
(3) performs device maintenance activities only on a | |||||
motor fuel metering device that is: | |||||
(A) exempt from the inspection and registration | |||||
requirements of Sections 2310.102 and 2310.103 under commission | |||||
rules; and | |||||
(B) not required to be inspected by other | |||||
commission rules; or | |||||
(4) is a license holder under Subchapter I, Chapter | |||||
13, Agriculture Code. | |||||
(b) The department is not required to hold a license issued | |||||
under this subchapter or Subchapter I, Chapter 13, Agriculture | |||||
Code. | |||||
Sec. 2310.155. SERVICE TECHNICIAN LICENSE REQUIRED. Unless | |||||
exempt from the licensing requirement, an individual may not | |||||
perform or offer to perform device maintenance activities unless | |||||
the individual holds a service technician license issued by the | |||||
department under this subchapter. | |||||
Sec. 2310.156. SERVICE COMPANY LICENSE REQUIRED. (a) | |||||
Unless exempt from the license requirement, a person may not employ | |||||
or contract with an individual who performs or offers to perform | |||||
device maintenance activities unless the person holds a service | |||||
company license issued by the department under this subchapter. | |||||
(b) Unless exempt from the licensing requirement, an | |||||
individual may not perform or offer to perform device maintenance | |||||
activities as a sole proprietor unless the individual holds a | |||||
service technician license and a service company license issued by | |||||
the department under this subchapter. | |||||
Sec. 2310.157. APPLICATION FOR LICENSE. (a) An applicant | |||||
for a license under this subchapter must submit to the department: | |||||
(1) an application form prescribed by the department; | |||||
(2) any other information required by the department; | |||||
and | |||||
(3) a fee in an amount set by the department. | |||||
(b) The department shall conduct a criminal background | |||||
check on each applicant who submits an application for a license | |||||
under this subchapter and on any controlling person of the | |||||
applicant. The department may, as permitted by law: | |||||
(1) examine any criminal conviction, guilty plea, or | |||||
deferred adjudication of the applicant or controlling person; and | |||||
(2) obtain any criminal history or record of the | |||||
applicant or controlling person. | |||||
Sec. 2310.158. SERVICE TECHNICIAN LICENSE REQUIREMENTS. | |||||
(a) The department shall issue a license to each qualified | |||||
applicant who applies for a service technician license. | |||||
(b) The commission by rule may require an applicant for the | |||||
issuance or renewal of a service technician license to: | |||||
(1) provide proof that the applicant has completed an | |||||
academic, trade, or professional course of instruction approved by | |||||
the department; and | |||||
(2) pass a written test, a practical skills test, or | |||||
both. | |||||
Sec. 2310.159. SERVICE COMPANY LICENSE REQUIREMENTS. (a) | |||||
The department shall issue a license to each qualified applicant | |||||
who applies for a service company license. | |||||
(b) An applicant for the issuance or renewal of a license | |||||
under this section must: | |||||
(1) submit to the department a certificate of | |||||
insurance evidencing that the applicant has an insurance policy | |||||
that meets the requirements of Section 2310.160 effective for the | |||||
period for which the license is to be issued or renewed; and | |||||
(2) meet any other requirements provided by commission | |||||
rule. | |||||
Sec. 2310.160. INSURANCE POLICY REQUIRED FOR SERVICE | |||||
COMPANY. A service company shall maintain a current effective | |||||
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, Insurance Code, | |||||
and rules adopted by the commissioner of insurance in an amount set | |||||
by commission rule and based on the type of licensed activities to | |||||
be performed. | |||||
Sec. 2310.161. TERM OF LICENSE. A license issued under this | |||||
subchapter is valid for one or two years as established by | |||||
commission rule. | |||||
Sec. 2310.162. LICENSE RENEWAL. The commission by rule | |||||
shall establish the requirements for renewing a license and issuing | |||||
a renewal license under this chapter, including payment of | |||||
applicable fees. | |||||
Sec. 2310.163. PRACTICE BY LICENSE HOLDER. (a) A license | |||||
holder shall perform device maintenance activities in compliance | |||||
with commission rules. | |||||
(b) A license holder may use only equipment approved by the | |||||
department, as provided by commission rules, when performing device | |||||
maintenance activities. | |||||
Sec. 2310.164. CRIMINAL PENALTY. (a) A person commits an | |||||
offense if the person violates Section 2310.155 or 2310.156 or | |||||
causes another person to violate Section 2310.155 or 2310.156. | |||||
(b) 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. | |||||
SUBCHAPTER E. SALE, DELIVERY, AND QUALITY OF MOTOR FUEL | |||||
Sec. 2310.201. NOTICE OF SALE OF ALCOHOL AND FUEL MIXTURE. | |||||
(a) A dealer may not sell or offer for sale motor fuel from a motor | |||||
fuel pump supplied by a storage tank into which motor fuel, in a | |||||
mixture in which at least one percent of the mixture measured by | |||||
volume is ethanol or methanol, has been delivered within the 60-day | |||||
period preceding the date of sale or offer of sale unless the dealer | |||||
prominently displays on the pump from which the mixture is sold a | |||||
sign that: | |||||
(1) is displayed on each side of the motor fuel pump on | |||||
which the price of the motor fuel mixture sold from the pump is | |||||
displayed; | |||||
(2) states "Contains Ethanol" or "Contains Methanol," | |||||
as applicable; | |||||
(3) appears in contrasting colors with block letters | |||||
at least one-half inch high and one-fourth inch wide; and | |||||
(4) is displayed in a clear, conspicuous, and | |||||
prominent manner, visible to customers using either side of the | |||||
pump. | |||||
(b) This section does not prohibit the posting of any other | |||||
alcohol or additive information. Other alcohol or additive | |||||
information and any relevant posting are subject to regulation by | |||||
the department. | |||||
Sec. 2310.202. MINIMUM MOTOR FUEL QUALITY AND TESTING | |||||
STANDARDS. (a) The commission by rule shall adopt minimum motor | |||||
fuel quality and testing standards for motor fuel that is sold or | |||||
offered for sale in this state. The standards must comply with the | |||||
nationally recognized minimum standards established by: | |||||
(1) the American Society for Testing and Materials, | |||||
for motor fuels other than motor fuels blended with ethanol; and | |||||
(2) the National Institute of Standards and | |||||
Technology, for motor fuels blended with ethanol. | |||||
(b) The commission may adopt rules as necessary to bring | |||||
about uniformity between the standards established under this | |||||
subchapter and the nationally recognized standards described by | |||||
Subsection (a). | |||||
Sec. 2310.203. TESTING OF MOTOR FUEL QUALITY. (a) The | |||||
department or a representative of the department may collect | |||||
samples and conduct testing at any location where motor fuel is | |||||
kept, transferred, sold, or offered for sale to verify that the | |||||
motor fuel complies with the minimum standards required by Section | |||||
2310.202. | |||||
(b) The collection of samples and conducting of testing at a | |||||
dealer's location must be performed by a license holder under | |||||
Subchapter D of this chapter or Subchapter I, Chapter 13, | |||||
Agriculture Code, under contract with the dealer. The license | |||||
holder is considered a representative of the department for | |||||
purposes of this section. | |||||
(c) On arriving at a facility to conduct testing under | |||||
Subsection (a), a representative of the department shall notify the | |||||
owner or manager of the facility of the representative's presence | |||||
and purpose. The department representative shall follow the most | |||||
recent applicable procedures specified by the American Society for | |||||
Testing and Materials (ASTM) International Standard D4057, D4177, | |||||
D5842, or D5854 for the collection, sampling, and handling of fuel | |||||
to prepare for laboratory analysis. | |||||
(d) A person commits an offense if the person refuses to | |||||
allow a department representative to collect samples or conduct | |||||
motor fuel testing under Subsection (a). | |||||
(e) An offense under Subsection (d) is a Class C | |||||
misdemeanor. | |||||
Sec. 2310.204. RULES; FEES. (a) The commission may adopt | |||||
rules consistent with this subchapter for the regulation of the | |||||
sale of motor fuels, including motor fuels that contain ethanol and | |||||
methanol. | |||||
(b) The commission by rule may impose a fee for testing, | |||||
inspection, or the performance of other services provided as | |||||
determined necessary by the commission in the administration of | |||||
this subchapter. A fee imposed under this subsection shall be | |||||
collected from each dealer, distributor, and supplier, as defined | |||||
by Section 162.001, Tax Code, on a periodic basis determined by the | |||||
commission without regard to whether the motor fuel is subject to | |||||
regulation under this subchapter. | |||||
(c) The commission by rule shall prescribe the form for | |||||
reporting and remitting the fees imposed under this section. | |||||
(d) Fees collected under this section may be used only to | |||||
administer and enforce this subchapter. | |||||
Sec. 2310.205. CIVIL PENALTY. A person who sells or offers | |||||
for sale motor fuel in violation of this subchapter or a rule | |||||
adopted under this subchapter is liable to this state for a civil | |||||
penalty of not less than $200 and not more than $2,500. | |||||
Sec. 2310.206. ADMINISTRATIVE PENALTY. The commission may | |||||
impose an administrative penalty on a person under Subchapter F, | |||||
Chapter 51, if the person sells or offers for sale motor fuel in | |||||
violation of this subchapter or a rule adopted under this | |||||
subchapter. | |||||
SECTION 2. Sections 13.1015 and 13.1016, Agriculture Code, | |||||
are transferred to Subchapter C, Chapter 2310, Occupations Code, as | |||||
added by this Act, redesignated as Sections 2310.102 and 2310.103, | |||||
Occupations Code, and amended to read as follows: | |||||
Sec. 2310.102 [ |
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DEVICES. (a) Unless a motor fuel metering device is exempt from | |||||
the application of this section by commission [ |
|||||
motor fuel metering device shall be inspected, tested, and | |||||
calibrated for correctness by a license holder under Subchapter D | |||||
of this chapter or Subchapter I, Chapter 13, Agriculture Code, at | |||||
least once every two years if the device is: | |||||
(1) kept for sale, sold, or used by a proprietor, | |||||
agent, lessee, or employee in proving the measure of motor fuel; or | |||||
(2) purchased, offered, or submitted by a proprietor, | |||||
agent, lessee, or employee for sale, hire, or award. | |||||
(b) Inspection, testing, and calibration under this section | |||||
must be performed by a license holder under Subchapter D of this | |||||
chapter or Subchapter I, Chapter 13, Agriculture Code, under | |||||
contract with the operator or user of the motor fuel metering | |||||
device. | |||||
Sec. 2310.103 [ |
|||||
FUEL METERING DEVICES. (a) Unless a motor fuel metering device is | |||||
exempt from the application of this section by commission | |||||
[ |
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metering device shall register the device with the department | |||||
before using the device for a commercial transaction. | |||||
(b) An application for a device registration must: | |||||
(1) be submitted to the department on a form | |||||
prescribed by the department; | |||||
(2) be accompanied by any other document or form | |||||
required by the department; | |||||
(3) include any fees [ |
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under Section 2310.108 [ |
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(4) include documentation of compliance with Section | |||||
2310.102 [ |
|||||
(c) A registration under this section is valid for one or | |||||
two years as [ |
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commission [ |
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or before the end of each registration period and the application | |||||
for renewal must include documentation of compliance with Section | |||||
2310.102 [ |
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(d) If a person fails to register or renew a registration as | |||||
required by this section, the department may not issue a | |||||
certificate to operate the motor fuel metering device. The | |||||
department shall issue the certificate when the operator submits to | |||||
the department the items required by Subsection (b). | |||||
(e) The department may assess a late fee if the registration | |||||
of one or more devices located on a premises is renewed after the | |||||
end of the registration period because of a registration error, | |||||
including one or more devices not properly registered, failure to | |||||
register the correct type of device, or failure to timely register a | |||||
previously registered device. The amount of the late fee [ |
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may not exceed $50 per device, with a maximum penalty amount of $500 | |||||
per year for the premises. | |||||
SECTION 3. Section 12.020(c), Agriculture Code, is amended | |||||
to read as follows: | |||||
(c) The provisions of law subject to this section and the | |||||
applicable penalty amounts are as follows: | |||||
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SECTION 4. Section 13.001, Agriculture Code, is amended by | |||||
adding Subsection (c) to read as follows: | |||||
(c) In this chapter, "commodity" does not include motor | |||||
fuel. | |||||
SECTION 5. Section 13.024(b), Agriculture Code, is amended | |||||
to read as follows: | |||||
(b) Except as provided by Subsection [ |
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the gallon by continual division by two, making half gallons, | |||||
quarts, pints, half pints, and gills. | |||||
SECTION 6. Section 13.114, Agriculture Code, is amended to | |||||
read as follows: | |||||
Sec. 13.114. TOLERANCES. The department shall establish | |||||
specifications and tolerances for commercial weighing or measuring | |||||
devices used in this state. The specifications and tolerances | |||||
shall be similar to those recommended by the National Institute of | |||||
Standards and Technology[ |
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SECTION 7. Section 162.009, Tax Code, is amended to read as | |||||
follows: | |||||
Sec. 162.009. AUTHORITY TO STOP AND EXAMINE. To enforce | |||||
this chapter, the comptroller or a peace officer may stop a motor | |||||
vehicle that appears to be operating with or transporting motor | |||||
fuel to examine the shipping document, cargo manifest, or invoices | |||||
required to be carried, examine a license or copy of a license that | |||||
may be required to be carried, take samples from the fuel supply or | |||||
cargo tanks, and make any other investigation that could reasonably | |||||
be made to determine whether the taxes have been paid or accounted | |||||
for by a license holder or a person required to be licensed. The | |||||
comptroller, a peace officer, an employee of the attorney general's | |||||
office, an employee of the Texas Commission on Environmental | |||||
Quality, or an employee of the Texas Department of Licensing and | |||||
Regulation [ |
|||||
storage tank or container to: | |||||
(1) determine if the fuel contains hazardous waste or | |||||
is adulterated; or | |||||
(2) allow the comptroller to determine whether taxes | |||||
on the fuel have been paid or accounted for to this state. | |||||
SECTION 8. Section 162.403, Tax Code, is amended to read as | |||||
follows: | |||||
Sec. 162.403. CRIMINAL OFFENSES. Except as provided by | |||||
Section 162.404, a person commits an offense if the person: | |||||
(1) refuses to stop and permit the inspection and | |||||
examination of a motor vehicle transporting or using motor fuel on | |||||
the demand of a peace officer or the comptroller; | |||||
(2) is required to hold a valid trip permit or | |||||
interstate trucker's license, but operates a motor vehicle in this | |||||
state without a valid trip permit or interstate trucker's license; | |||||
(3) transports gasoline or diesel fuel in any cargo | |||||
tank that has a connection by pipe, tube, valve, or otherwise with | |||||
the fuel injector or carburetor or with the fuel supply tank feeding | |||||
the fuel injector or carburetor of the motor vehicle transporting | |||||
the product; | |||||
(4) sells or delivers gasoline or diesel fuel from a | |||||
fuel supply tank that is connected with the fuel injector or | |||||
carburetor of a motor vehicle; | |||||
(5) owns or operates a motor vehicle for which reports | |||||
or mileage records are required by this chapter without an | |||||
operating odometer or other device in good working condition to | |||||
record accurately the miles traveled; | |||||
(6) sells or delivers dyed diesel fuel for the | |||||
operation of a motor vehicle on a public highway; | |||||
(7) uses dyed diesel fuel for the operation of a motor | |||||
vehicle on a public highway except as allowed under Section | |||||
162.235; | |||||
(8) refuses to permit the comptroller or the attorney | |||||
general to inspect, examine, or audit a book or record required to | |||||
be kept by a license holder, other user, or any person required to | |||||
hold a license under this chapter; | |||||
(9) refuses to permit the comptroller or the attorney | |||||
general to inspect or examine any plant, equipment, materials, or | |||||
premises where motor fuel is produced, processed, blended, stored, | |||||
sold, delivered, or used; | |||||
(10) refuses to permit the comptroller, the attorney | |||||
general, an employee of either of those officials, a peace officer, | |||||
an employee of the Texas Commission on Environmental Quality, or an | |||||
employee of the Texas Department of Licensing and Regulation | |||||
[ |
|||||
from a storage tank or container on premises where motor fuel is | |||||
produced, processed, blended, stored, sold, delivered, or used; | |||||
(11) is a license holder, a person required to be | |||||
licensed, or another user and fails or refuses to make or deliver to | |||||
the comptroller a report required by this chapter to be made and | |||||
delivered to the comptroller; | |||||
(12) is an importer who does not obtain an import | |||||
verification number when required by this chapter; | |||||
(13) purchases motor fuel for export, on which the tax | |||||
imposed by this chapter has not been paid, and subsequently diverts | |||||
or causes the motor fuel to be diverted to a destination in this | |||||
state or any other state or country other than the originally | |||||
designated state or country without first obtaining a diversion | |||||
number; | |||||
(14) conceals motor fuel with the intent of engaging | |||||
in any conduct proscribed by this chapter or refuses to make sales | |||||
of motor fuel on the volume-corrected basis prescribed by this | |||||
chapter; | |||||
(15) refuses, while transporting motor fuel, to stop | |||||
the motor vehicle the person is operating when called on to do so by | |||||
a person authorized to stop the motor vehicle; | |||||
(16) refuses to surrender a motor vehicle and cargo | |||||
for impoundment after being ordered to do so by a person authorized | |||||
to impound the motor vehicle and cargo; | |||||
(17) mutilates, destroys, or secretes a book or record | |||||
required by this chapter to be kept by a license holder, other user, | |||||
or person required to hold a license under this chapter; | |||||
(18) is a license holder, other user, or other person | |||||
required to hold a license under this chapter, or the agent or | |||||
employee of one of those persons, and makes a false entry or fails | |||||
to make an entry in the books and records required under this | |||||
chapter to be made by the person or fails to retain a document as | |||||
required by this chapter; | |||||
(19) transports in any manner motor fuel under a false | |||||
cargo manifest or shipping document, or transports in any manner | |||||
motor fuel to a location without delivering at the same time a | |||||
shipping document relating to that shipment; | |||||
(20) engages in a motor fuel transaction that requires | |||||
that the person have a license under this chapter without then and | |||||
there holding the required license; | |||||
(21) makes and delivers to the comptroller a report | |||||
required under this chapter to be made and delivered to the | |||||
comptroller, if the report contains false information; | |||||
(22) forges, falsifies, or alters an invoice or | |||||
shipping document prescribed by law; | |||||
(23) makes any statement, knowing said statement to be | |||||
false, in a claim for a tax refund filed with the comptroller; | |||||
(24) furnishes to a licensed supplier or distributor a | |||||
signed statement for purchasing diesel fuel tax-free and then uses | |||||
the tax-free diesel fuel to operate a diesel-powered motor vehicle | |||||
on a public highway; | |||||
(25) holds an aviation fuel dealer's license and makes | |||||
a taxable sale or use of any gasoline or diesel fuel; | |||||
(26) fails to remit any tax funds collected or | |||||
required to be collected by a license holder, another user, or any | |||||
other person required to hold a license under this chapter; | |||||
(27) makes a sale of dyed diesel fuel tax-free into a | |||||
storage facility of a person who: | |||||
(A) is not licensed as a distributor, as an | |||||
aviation fuel dealer, or as a dyed diesel fuel bonded user; or | |||||
(B) does not furnish to the licensed supplier or | |||||
distributor a signed statement prescribed in Section 162.206; | |||||
(28) makes a sale of gasoline tax-free to any person | |||||
who is not licensed as an aviation fuel dealer; | |||||
(29) purchases any motor fuel tax-free when not | |||||
authorized to make a tax-free purchase under this chapter; | |||||
(30) purchases motor fuel with the intent to evade any | |||||
tax imposed by this chapter or accepts a delivery of motor fuel by | |||||
any means and does not at the same time accept or receive a shipping | |||||
document relating to the delivery; | |||||
(31) transports motor fuel for which a cargo manifest | |||||
or shipping document is required to be carried without possessing | |||||
or exhibiting on demand by an officer authorized to make the demand | |||||
a cargo manifest or shipping document containing the information | |||||
required to be shown on the manifest or shipping document; | |||||
(32) imports, sells, uses, blends, distributes, or | |||||
stores motor fuel within this state on which the taxes imposed by | |||||
this chapter are owed but have not been first paid to or reported by | |||||
a license holder, another user, or any other person required to hold | |||||
a license under this chapter; | |||||
(33) blends products together to produce a blended | |||||
fuel that is offered for sale, sold, or used and that expands the | |||||
volume of the original product to evade paying applicable motor | |||||
fuel taxes; | |||||
(34) evades or attempts to evade in any manner a tax | |||||
imposed on motor fuel by this chapter; | |||||
(35) delivers compressed natural gas or liquefied | |||||
natural gas into the fuel supply tank of a motor vehicle and the | |||||
person does not hold a valid compressed natural gas and liquefied | |||||
natural gas dealer's license; or | |||||
(36) makes a tax-free delivery of compressed natural | |||||
gas or liquefied natural gas into the fuel supply tank of a motor | |||||
vehicle, unless the delivery is exempt from tax under Section | |||||
162.356. | |||||
SECTION 9. The following provisions of the Agriculture Code | |||||
are repealed: | |||||
(1) Section 13.001(a)(1-a); | |||||
(2) Section 13.024(d); | |||||
(3) Section 13.029(b); | |||||
(4) Section 13.101(e); | |||||
(5) Section 13.1011(e); | |||||
(6) Section 13.1017; | |||||
(7) Section 13.1151(b); and | |||||
(8) Chapter 17. | |||||
SECTION 10. (a) All rules, fees, policies, procedures, | |||||
decisions, and forms of the commissioner of agriculture or the | |||||
Department of Agriculture 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 the Texas | |||||
Commission of Licensing and Regulation or Texas Department of | |||||
Licensing and Regulation, as appropriate. | |||||
(b) A license, permit, certificate of registration, notice, | |||||
or other authorization issued by the Department of Agriculture for | |||||
a program or activity transferred under this Act is continued in | |||||
effect as a license, permit, certificate, notice, or other | |||||
authorization of the Texas Department of Licensing and Regulation | |||||
on and after the effective date of the transfer. | |||||
(c) A complaint, investigation, contested case, or other | |||||
proceeding before the commissioner of agriculture, the Department | |||||
of Agriculture, or the State Office of Administrative Hearings | |||||
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 the Texas Commission of Licensing and | |||||
Regulation or Texas Department of Licensing and Regulation, as | |||||
appropriate. | |||||
(d) All money, contracts, leases, property, software source | |||||
code and documentation, records, and obligations of the Department | |||||
of Agriculture relating to a program or activity transferred under | |||||
this Act are transferred to the Texas Department of Licensing and | |||||
Regulation on the effective date of the transfer of the program or | |||||
activity. | |||||
(e) 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 the Texas Department | |||||
of Licensing and Regulation on the effective date of the transfer of | |||||
the program or activity. | |||||
(f) Unless the context indicates otherwise, on or after the | |||||
effective date of the transfer a reference in law or administrative | |||||
rule to the commissioner of agriculture or the Department of | |||||
Agriculture with respect to a program or activity transferred under | |||||
this Act means the Texas Commission of Licensing and Regulation or | |||||
Texas Department of Licensing and Regulation, as appropriate. | |||||
SECTION 11. (a) As soon as practicable after the effective | |||||
date of this Act, the Department of Agriculture and the Texas | |||||
Department of Licensing and Regulation shall adopt a transition | |||||
plan to provide for the orderly transfer of powers, duties, | |||||
functions, programs, and activities under this Act. The transition | |||||
plan must provide for the transfer to be completed not later than | |||||
September 1, 2020. | |||||
(b) The Department of Agriculture shall provide the Texas | |||||
Department of Licensing and Regulation with access to any systems, | |||||
facilities, or information necessary for the Texas Department of | |||||
Licensing and Regulation to accept a program or activity | |||||
transferred under this Act. | |||||
(c) The Texas Department of Licensing and Regulation may | |||||
establish and lead a stakeholder workgroup to provide input, | |||||
advice, and recommendations to the Department of Agriculture and | |||||
Texas Department of Licensing and Regulation on the orderly | |||||
transfer of powers, duties, functions, programs, and activities | |||||
under this Act. The Texas Department of Licensing and Regulation | |||||
shall establish the size, composition, and scope of the stakeholder | |||||
workgroup. | |||||
(d) 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 the Texas Department of | |||||
Licensing and Regulation, all full-time equivalent employee | |||||
positions at the Department of Agriculture that directly and | |||||
indirectly concern the administration or enforcement of the program | |||||
or activity being transferred become positions at the Texas | |||||
Department of Licensing and Regulation. The Texas Department of | |||||
Licensing and Regulation shall post the positions for hiring and, | |||||
when filling the positions, shall give consideration to, but is not | |||||
required to hire, an applicant who, immediately before the date of | |||||
the transfer, was an employee at the Department of Agriculture | |||||
involved in administering or enforcing the transferred program or | |||||
activity. | |||||
(e) Subsection (c) of this section and this subsection | |||||
expire October 1, 2020. | |||||
SECTION 12. (a) Except as provided by Subsection (b) of | |||||
this section, this Act takes effect September 1, 2020. | |||||
(b) Sections 10 and 11 of this Act take effect September 1, | |||||
2019. |