Texas 2021 - 87th Regular

Texas House Bill HB3408 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Goldman (Senate Sponsor - Alvarado) H.B. No. 3408
2		-	(In the Senate - Received from the House May 3, 2021;
3		-	May 12, 2021, read first time and referred to Committee on Business &
4		-	Commerce; May 21, 2021, reported adversely, with favorable
5		-	Committee Substitute by the following vote: Yeas 9, Nays 0;
6		-	May 21, 2021, sent to printer.)
7		-	Click here to see the committee vote
8		-	COMMITTEE SUBSTITUTE FOR H.B. No. 3408 By: Hancock
	1	+	87R18751 JES-F
	2	+	By: Goldman H.B. No. 3408
9	3
10	4
11	5		A BILL TO BE ENTITLED
12	6		AN ACT
13	7		relating to the regulation of motor fuel metering devices and motor
14	8		fuel quality.
15	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	10		SECTION 1. Section 2310.001(a), Occupations Code, is
17	11		amended by amending Subdivisions (1), (3), (6), (7), and (8) and
18	12		adding Subdivisions (1-a), (4-a), (5-a), (9-a), and (9-b) to read
19	13		as follows:
20	14		(1) "Automotive fuel rating" has the meaning assigned
21	15		by 15 U.S.C. Section 2821.
22	16		(1-a) "Commercial [weighing or] measuring device"
23	17		means a [weighing or] measuring device used in a commercial
24	18		transaction.
25	19		(3) "Dealer" means a person who[:
26	20		[(A)] is the operator of a [service station or
27	21		other] retail motor fuel facility [outlet; and
28	22		[(B) delivers motor fuel into the fuel tanks of
29	23		motor vehicles or motor boats].
30	24		(4-a) "Distributor" means a person who makes retail or
31	25		wholesale sales of motor fuel.
32	26		(5-a) "Measuring device" means a mechanical or
33	27		electronic device used to:
34	28		(A) dispense or deliver a motor fuel by volume,
35	29		flow rate, or other measure; or
36	30		(B) compute the charge for a service related to
37	31		motor fuel.
38	32		(6) "Motor fuel" means gasoline, diesel fuel, gasoline
39	33		blended fuel, aviation gasoline, aviation jet fuel, compressed
40	34		natural gas, liquefied natural gas, and other products that are
41	35		capable of use as fuel for a gasoline-powered engine or a
42	36		diesel-powered engine [has the meaning assigned by Section 162.001,
43	37		Tax Code].
44	38		(7) "Motor fuel metering device" means a commercial
45	39		[weighing or] measuring device used for motor fuel sales.
46	40		(8) "Operator" or "user" means a person in possession
47	41		or control of a [weighing or] measuring device, including an owner,
48	42		custodian, or seller.
49	43		(9-a) "Supplier" has the meaning assigned by Section
50	44		162.001, Tax Code.
51	45		(9-b) "Wholesaler" means a person who purchases
52	46		tax-paid motor fuel for resale or distribution at wholesale.
53	47		SECTION 2. Section 2310.002(c), Occupations Code, is
54	48		amended to read as follows:
55	49		(c) The department may contract with one or more license
56	50		holders under Subchapter D [of this chapter or Subchapter I,
57	51		Chapter 13, Agriculture Code,] to perform the department's duties
58	52		under this chapter related to motor fuel metering devices. A
59	53		reference in this chapter to the commission or department in the
60	54		context of a contracted service means the contractor.
61	55		SECTION 3. Chapter 2310, Occupations Code, is amended by
62	56		adding Subchapter A-1 to read as follows:
63	57		SUBCHAPTER A-1. ADVISORY BOARD
64	58		Sec. 2310.031. DEFINITION. In this subchapter, "board"
65	59		means the Motor Fuel Metering and Quality Advisory Board.
66	60		Sec. 2310.032. BOARD MEMBERSHIP. (a) The board consists of
67	61		nine members appointed by the presiding officer of the commission,
68	62		with the approval of the commission, as follows:
69	63		(1) four members who are dealers or representatives
70	64		designated by the dealers, including:
71	65		(A) one dealer that has fewer than 501 motor fuel
72	66		metering devices registered with the department;
73	67		(B) one dealer that has more than 1,000 but fewer
74	68		than 5,000 motor fuel metering devices registered with the
75	69		department;
76	70		(C) one dealer that has more than 5,000 motor
77	71		fuel metering devices registered with the department; and
78	72		(D) one dealer without regard to the dealer's
79	73		number of motor fuel metering devices registered with the
80	74		department;
81	75		(2) two members who represent service companies, as
82	76		defined by Section 2310.151;
83	77		(3) one member who represents a wholesaler or
84	78		distributor;
85	79		(4) one member who represents a supplier; and
86	80		(5) one member of the public.
87	81		(b) The presiding officer of the commission, with the
88	82		approval of the commission, shall appoint two ex officio nonvoting
89	83		members of the board. An ex officio member is not counted as a
90	84		member for purposes of establishing a quorum. The ex officio
91	85		members must include:
92	86		(1) one member who represents:
93	87		(A) a financial institution, as defined by
94	88		Section 277.001, Finance Code; or
95	89		(B) a credit card issuer other than a financial
96	90		institution; and
97	91		(2) one member who represents a law enforcement
98	92		agency.
99	93		(c) Appointments to the board shall be made without regard
100	94		to the race, color, disability, sex, religion, age, or national
101	95		origin of the appointees.
102	96		Sec. 2310.033. TERMS; VACANCY. (a) Members of the board
103	97		serve staggered six-year terms, with the terms of three or four
104	98		members expiring on February 1 of each odd-numbered year.
105	99		(b) If a vacancy occurs during a member's term, the
106	100		presiding officer of the commission, with the commission's
107	101		approval, shall appoint a replacement to fill the unexpired term.
108	102		Sec. 2310.034. PRESIDING OFFICER. The presiding officer of
109	103		the commission, with the approval of the commission, shall appoint
110	104		one of the board members to serve as presiding officer of the board
111	105		for a term of one year.
112	106		Sec. 2310.035. DUTIES. The board may advise the commission
113	107		and department on:
114	108		(1) the adoption of appropriate standards for the
115	109		installation, maintenance, calibration, alteration, operation,
116	110		testing, or inspection, as applicable, of:
117	111		(A) motor fuel dispensing devices;
118	112		(B) motor fuel metering devices; and
119	113		(C) motor fuel;
120	114		(2) education and curricula for applicants for a
121	115		license issued under this chapter and license holders;
122	116		(3) the content of examinations;
123	117		(4) proposed rules and standards on technical issues
124	118		related to motor fuel metering and quality and payment card
125	119		skimmers; and
126	120		(5) other issues affecting motor fuel metering and
127	121		quality.
128	122		Sec. 2310.036. MEETINGS. The advisory board shall meet at
129	123		the call of the executive director or the presiding officer of the
130	124		commission.
131	125		SECTION 4. The heading to Subchapter B, Chapter 2310,
132	126		Occupations Code, is amended to read as follows:
133	127		SUBCHAPTER B. STANDARD [WEIGHTS AND] MEASURES FOR MOTOR FUEL
134	128		SECTION 5. Sections 2310.051(a), (c), and (d), Occupations
135	129		Code, are amended to read as follows:
136	130		(a) The legal standard for the [weight or] measure of a
137	131		motor fuel in this state is the standard [weight or] measure adopted
138	132		and used by the government of the United States for that motor fuel.
139	133		If the United States does not provide a standard [weight or] measure
140	134		for a motor fuel, the standard for the motor fuel is that
141	135		established by this subchapter.
142	136		(c) Except as otherwise provided by an express contract, a
143	137		contract for work or sales by [weight or] measure of a motor fuel
144	138		shall be construed in accordance with the standards of this
145	139		subchapter.
146	140		(d) The standards of this subchapter shall be the guide for
147	141		making any adjustment of [weighing or] measuring devices under the
148	142		law of this state.
149	143		SECTION 6. Section 2310.053, Occupations Code, is amended
150	144		by adding Subsection (c) to read as follows:
151	145		(c) Notwithstanding Section 2310.002, this chapter does not
152	146		apply to a weighing or measuring device, as defined by Section
153	147		13.001, Agriculture Code, that measures liquefied petroleum gas.
154		-	SECTION 7. Section 2310.054, Occupations Code, is amended
155		-	to read as follows:
156		-	Sec. 2310.054. SALE OF MOTOR FUEL BY PROPER MEASURE. (a)
157		-	Except as otherwise provided by this section, motor fuel shall be
158		-	sold by liquid measure.
159		-	(b) Compressed natural gas and liquefied natural gas shall
160		-	be sold by gallon equivalent [weight].
161		-	(c) A person violates this chapter if[, in violation of this
162		-	section,] the person sells motor fuel in a manner [by] other than
163		-	the manner required by this section [weight or liquid measure].
	148	+	SECTION 7. Sections 2310.054(a) and (c), Occupations Code,
	149	+	are amended to read as follows:
	150	+	(a) Motor [Except as otherwise provided by this section,
	151	+	motor] fuel shall be sold by liquid measure.
	152	+	(c) A person violates this chapter if, in violation of this
	153	+	section, the person sells motor fuel by other than [weight or]
	154	+	liquid measure.
164	155		SECTION 8. Section 2310.056, Occupations Code, is amended
165	156		to read as follows:
166	157		Sec. 2310.056. FALSE REPRESENTATION OF MOTOR FUEL QUANTITY.
167	158		A person violates this chapter if the person or the person's
168	159		representative or agent:
169	160		(1) sells or offers or exposes for sale a quantity of
170	161		motor fuel that is less than the quantity the person represents; or
171	162		(2) as a buyer furnishing the [weight or] measure of a
172	163		motor fuel by which the amount of the motor fuel is determined,
173	164		takes or attempts to take more than the quantity the person
174	165		represents.
175	166		SECTION 9. Section 2310.057, Occupations Code, is amended
176	167		to read as follows:
177	168		Sec. 2310.057. USE OF INCORRECT MOTOR FUEL METERING DEVICE.
178	169		(a) A person commits an offense if the person or the person's
179	170		representative or agent knowingly uses an incorrect [weighing or]
180	171		measuring device in:
181	172		(1) buying or selling motor fuel;
182	173		(2) computing a charge for services rendered on the
183	174		basis of [weight or] measure; or
184	175		(3) determining the [weight or] measure of motor fuel,
185	176		if a charge is made for the determination.
186	177		(b) For the purpose of this section, a [weighing or]
187	178		measuring device is incorrect if it:
188	179		(1) does not conform as closely as practicable to the
189	180		official standards;
190	181		(2) is not accurate;
191	182		(3) is of a construction that is not reasonably
192	183		permanent in adjustment or does not correctly repeat its
193	184		indications;
194	185		(4) facilitates the perpetration of fraud; or
195	186		(5) does not conform to the specifications and
196	187		tolerances under Section 2310.107.
197	188		SECTION 10. Sections 2310.059(a) and (c), Occupations Code,
198	189		are amended to read as follows:
199	190		(a) The department shall from time to time [weigh or]
200	191		measure an amount of motor fuel that is kept or offered for sale,
201	192		sold, or in the process of delivery, in order to determine:
202	193		(1) if the motor fuel is of the amount or quantity
203	194		represented; or
204	195		(2) if the motor fuel is being offered for sale or sold
205	196		in accordance with law.
206	197		(c) A person commits an offense if the person or the
207	198		person's employee or agent refuses to exhibit motor fuel being sold
208	199		or offered for sale at a given [weight or] quantity, or ordinarily
209	200		sold in that manner, to the department for testing and proving as to
210	201		quantity.
211	202		SECTION 11. Sections 2310.060(a) and (b), Occupations Code,
212	203		are amended to read as follows:
213	204		(a) If the department has reason to believe that motor fuel
214	205		is being sold or kept, offered, or exposed for sale in violation of
215	206		this chapter or that motor fuel is being sold or offered for sale by
216	207		or through the use of a motor fuel metering device that is in
217	208		violation of this chapter, the executive director may issue an
218	209		order to stop the sale of the motor fuel. The executive director
219	210		shall issue the order to the dealer or operator of the retail motor
220	211		fuel facility selling [owner or custodian of] the motor fuel or
221	212		offering the motor fuel for sale [or seller of the motor fuel]. The
222	213		person receiving the order may not sell the motor fuel until
223	214		discharged by a court under Subsection (b) or until the executive
224	215		director finds that the motor fuel or motor fuel metering device is
225	216		in compliance with this chapter.
226	217		(b) A dealer or operator [The owner, custodian, or seller of
227	218		motor fuel] prohibited from selling motor fuel [sale] by an order of
228	219		the executive director is entitled to sue in a court where the motor
229	220		fuel is found or is being sold or offered for sale for a judgment as
230	221		to the justification of the order and for the discharge of the motor
231	222		fuel in accordance with the findings of the court.
232	223		SECTION 12. Section 2310.061(b), Occupations Code, is
233	224		amended to read as follows:
234	225		(b) It is a defense to prosecution or to the imposition of a
235	226		civil or administrative penalty for a violation of Section 2310.057
236	227		or 2310.059 that a discrepancy between the actual [weight or]
237	228		volume at the time of sale to a consumer or a discrepancy between
238	229		the fill of a container and the capacity of the container is due to
239	230		unavoidable leakage, shrinkage, evaporation, waste, or causes
240	231		beyond the control of the seller acting in good faith.
241	232		SECTION 13. Section 2310.101(a), Occupations Code, is
242	233		amended to read as follows:
243	234		(a) If the department has reason to believe that a motor
244	235		fuel metering device is being used for a commercial transaction and
245	236		the device is not registered with the department or is being used to
246	237		facilitate the perpetration of fraud, the department may inspect
247	238		the device and the records [of the owner, operator, or user of the
248	239		device] that relate to use of the device to determine whether the
249	240		device is in compliance with this chapter.
250	241		SECTION 14. Sections 2310.106(b), (c), (f), and (g),
251	242		Occupations Code, are amended to read as follows:
252	243		(b) The commission may adopt rules to regulate the frequency
253	244		and place of inspection and correction of the standards for motor
254	245		fuel used by an individual or business licensed by the department to
255	246		perform device maintenance activities under Subchapter D [or an
256	247		individual or business licensed under Subchapter I, Chapter 13,
257	248		Agriculture Code].
258	249		(c) The department may inspect any standard for motor fuel
259	250		used by an individual or business licensed by the department to
260	251		perform device maintenance activities described by Subchapter D [or
261	252		an individual or business licensed under Subchapter I, Chapter 13,
262	253		Agriculture Code], if the department has reason to believe a
263	254		standard is no longer in compliance with this chapter.
264	255		(f) The state metrology laboratory, or a metrology
265	256		laboratory certified by the National Institute of Standards and
266	257		Technology and approved by the department, shall inspect and
267	258		correct the standards for motor fuel used by the [a] department or
268	259		[inspector, another department employee,] an individual or
269	260		business licensed by the department to perform device maintenance
270	261		activities under Subchapter D[, or an individual or business
271	262		licensed under Subchapter I, Chapter 13, Agriculture Code].
272	263		(g) The department and the state metrology laboratory may
273	264		[shall] enter into a memorandum of understanding to implement this
274	265		section. The memorandum of understanding must provide department
275	266		personnel and persons licensed under Subchapter D with access to
276	267		state metrology laboratory services equal to the access provided to
277	268		Department of Agriculture personnel and persons licensed under
278	269		Subchapter I, Chapter 13, Agriculture Code, and under equivalent
279	270		terms and conditions.
280	271		SECTION 15. Section 2310.110(b), Occupations Code, is
281	272		amended to read as follows:
282	273		(b) A person commits an offense if the person or the
283	274		person's representative or agent knowingly:
284	275		(1) offers or exposes for sale, hire, or award or sells
285	276		an incorrect motor fuel metering device;
286	277		(2) possesses an incorrect motor fuel metering device;
287	278		or
288	279		(3) sells, offers for sale, uses, or possesses for the
289	280		purpose of sale or use a device or instrument to be used to falsify
290	281		or intended to falsify a [weight or] measure for motor fuel.
291	282		SECTION 16. Section 2310.154(a), Occupations Code, is
292	283		amended to read as follows:
293	284		(a) A person is not required to hold a license issued under
294	285		this subchapter if the person:
295	286		(1) is a department employee who is performing device
296	287		maintenance activities in the scope of the person's duties for the
297	288		department;
298	289		(2) is the owner or operator of a motor fuel metering
299	290		device or an employee of the owner or operator of a motor fuel
300	291		metering device and the person:
301	292		(A) completely removes the motor fuel metering
302	293		device from the location at which the device was installed,
303	294		including a device subject to an out-of-order tag, stop-sale order,
304	295		security seal, lock, condemnation notice, or other item placed on
305	296		the device by the department to prohibit use of the device; and
306	297		(B) notifies the department of the motor fuel
307	298		metering device's removal not later than the 10th day after the date
308	299		the device was removed in the manner provided by commission rule; or
309	300		(3) performs device maintenance activities only on a
310	301		motor fuel metering device that is:
311	302		(A) exempt from the inspection and registration
312	303		requirements of Sections 2310.102 and 2310.103 under commission
313	304		rules; and
314	305		(B) not required to be inspected by other
315	306		commission rules[; or
316	307		[(4) is a license holder under Subchapter I, Chapter
317	308		13, Agriculture Code].
318	309		SECTION 17. Section 2310.2012(a), Occupations Code, is
319	310		amended to read as follows:
320	311		(a) Except as provided by Subsection (b), a distributor,
321	312		supplier, or wholesaler[, or jobber] of motor fuel may not deliver
322	313		to an outlet in this state a motor fuel mixture that contains
323	314		ethanol or methanol exceeding one percent by volume of the mixture
324	315		unless, at the time of the delivery of the mixture, the person also
325	316		delivers to the outlet receiving the delivery a manifest, bill of
326	317		sale, bill of lading, or other document evidencing delivery of the
327	318		mixture, that includes a statement containing:
328	319		(1) the percentage of ethanol or methanol contained in
329	320		the mixture; and
330	321		(2) the types and percentages of any associated
331	322		cosolvents contained in the mixture.
332	323		SECTION 18. Sections 2310.2013(b), (c), and (d),
333	324		Occupations Code, are amended to read as follows:
334	325		(b) Each distributor, supplier, and wholesaler[, and
335	326		jobber] of motor fuel shall keep a copy of each document required to
336	327		be delivered to the dealer by Section 2310.2012 until the fourth
337	328		anniversary of the delivery date.
338	329		(c) The department or an authorized representative of the
339	330		department may inspect documents described by this section. On
340	331		written notice issued by the department or an authorized
341	332		representative of the department to any employee at a dealer's
342	333		[station or] retail motor fuel facility [outlet] or mailed to the
343	334		principal place of business of a dealer, distributor, supplier, or
344	335		wholesaler, [or jobber,] the dealer, distributor, supplier, or
345	336		wholesaler[, or jobber] shall provide the department or authorized
346	337		representative of the department with the documents described by
347	338		this section within the period specified in the notice.
348	339		(d) The commission by rule may:
349	340		(1) require each dealer, distributor, supplier, and
350	341		wholesaler[, and jobber] to maintain and make available to the
351	342		department:
352	343		(A) invoices, receipts, or other transmittal
353	344		documents or records, including electronically stored information,
354	345		showing or describing the purchase, sale, delivery, or distribution
355	346		of motor fuel;
356	347		(B) invoices, receipts, work orders, reports, or
357	348		other documents, including electronically stored information,
358	349		showing or describing the installation, maintenance, or repair of:
359	350		(i) motor fuel dispensing devices; and
360	351		(ii) any equipment used in connection with
361	352		motor fuel dispensing devices to record, display, or produce
362	353		receipts or audit trails concerning the purchase, sale, delivery,
363	354		or distribution of motor fuel; and
364	355		(C) any record or other document related to the
365	356		sampling and testing of motor fuel purchased, sold, delivered, or
366	357		distributed by the dealer, distributor, supplier, or wholesaler[,
367	358		or jobber]; and
368	359		(2) prescribe:
369	360		(A) the manner of filing documents or records
370	361		required to be kept under this section or by commission rule; and
371	362		(B) the time, place, and manner of inspection of
372	363		the documents or records.
373	364		SECTION 19. Sections 2310.2014(b) and (c), Occupations
374	365		Code, are amended to read as follows:
375	366		(b) Each distributor, [or] supplier, or wholesaler shall
376	367		keep for at least one year at the distributor's, [or] supplier's, or
377	368		wholesaler's principal place of business a copy of each delivery
378	369		ticket or letter of certification required to be delivered by the
379	370		distributor, [or] supplier, or wholesaler to a dealer in this state
380	371		under 16 C.F.R. Part 306.
381	372		(c) The department or an authorized representative of the
382	373		department may inspect a document required to be kept under this
383	374		section. On written notice issued by the department or an
384	375		authorized representative of the department to any employee at a
385	376		dealer's [station or] retail motor fuel facility [outlet] or mailed
386	377		to the dealer's principal place of business, the dealer shall
387	378		provide the department or authorized representative of the
388	379		department with the documents described by this section within the
389	380		period specified in the notice.
390	381		SECTION 20. Section 2310.2015(b), Occupations Code, is
391	382		amended to read as follows:
392	383		(b) A distributor, wholesaler, or supplier of motor fuel may
393	384		not deliver or transfer to a dealer in this state motor fuel that
394	385		has an automotive fuel rating lower than the certification of the
395	386		rating the distributor, wholesaler, or supplier is required to make
396	387		to the dealer under federal law.
397	388		SECTION 21. Sections 2310.203(a), (c), and (d), Occupations
398	389		Code, are amended to read as follows:
399	390		(a) The department or an authorized [a] representative of
400	391		the department may collect samples and conduct testing at any
401	392		location where motor fuel is kept, transferred, sold, or offered
402	393		for sale to verify that the motor fuel complies with the minimum
403	394		standards required by Section 2310.202. A person who holds a
404	395		license issued under Subchapter D is considered an authorized
405	396		representative of the department for purposes of this section.
406	397		(c) On arriving at a facility to conduct testing under
407	398		Subsection (a), the department or an authorized [a] representative
408	399		of the department shall notify the owner or manager of the facility
409	400		of the department's or representative's presence and purpose. The
410	401		department or representative shall follow the most recent
411	402		applicable procedures specified by the American Society for Testing
412	403		and Materials (ASTM) International Standard D4057, D4177, D5842, or
413	404		D5854 for the collection, sampling, and handling of fuel to prepare
414	405		for laboratory analysis.
415	406		(d) A person commits an offense if the person refuses to
416	407		allow the [a] department or an authorized representative of the
417	408		department to collect samples or conduct motor fuel testing under
418	409		Subsection (a).
419	410		SECTION 22. Sections 2310.207(a) and (b), Occupations Code,
420	411		are amended to read as follows:
421	412		(a) If a dealer or a distributor, supplier, or wholesaler[,
422	413		or jobber] of motor fuel violates Section 2310.201, 2310.2012,
423	414		2310.2013, 2310.2014, or 2310.2015, a person [motor fuel user] who
424	415		purchased the motor fuel and sustained damages or who has a
425	416		complaint about the product may bring an action against the dealer,
426	417		distributor, supplier, or wholesaler[, or jobber].
427	418		(b) The action may be brought, without regard to the
428	419		specific amount of damages, in the district court in any county in
429	420		which:
430	421		(1) the dealer, distributor, supplier, or
431	422		wholesaler[, or jobber] transacts business; or
432	423		(2) the dealer resides.
433	424		SECTION 23. Section 2310.208, Occupations Code, is amended
434	425		to read as follows:
435	426		Sec. 2310.208. CIVIL PENALTY. A dealer, distributor,
436	427		supplier, or wholesaler[, or jobber] who violates Section 2310.201,
437	428		2310.2012, 2310.2013, 2310.2014, or 2310.2015 is liable to this
438	429		state for a civil penalty of not less than $200 and not more than
439	430		$10,000.
440	431		SECTION 24. The following provisions of the Occupations
441	432		Code are repealed:
442	433		(1) Sections 2310.001(a)(10), (a)(11), and (b);
443		-	(2) Section 2310.101(b);
444		-	(3) Section 2310.106(e);
445		-	(4) Section 2310.2001; and
446		-	(5) Section 2310.203(b).
	434	+	(2) Section 2310.054(b);
	435	+	(3) Section 2310.101(b);
	436	+	(4) Section 2310.106(e);
	437	+	(5) Section 2310.2001; and
	438	+	(6) Section 2310.203(b).
447	439		SECTION 25. (a) Not later than February 1, 2022, the
448	440		presiding officer of the Texas Commission of Licensing and
449	441		Regulation shall appoint members to the Motor Fuel Metering and
450	442		Quality Advisory Board in accordance with Section 2310.032,
451	443		Occupations Code, as added by this Act.
452	444		(b) Notwithstanding Section 2310.033, Occupations Code, as
453	445		added by this Act, in making the initial appointments to the Motor
454	446		Fuel Metering and Quality Advisory Board, the presiding officer of
455	447		the Texas Commission of Licensing and Regulation shall designate
456	448		three members of the advisory board to serve terms expiring
457	449		February 1, 2023, four members to serve terms expiring February 1,
458	450		2025, and four members to serve terms expiring February 1, 2027.
459	451		SECTION 26. (a) The changes in law made by this Act to
460	452		Chapter 2310, Occupations Code, do not affect the validity of a
461	453		proceeding pending before a court or other governmental entity on
462	454		the effective date of this Act.
463	455		(b) An offense or other violation committed before the
464	456		effective date of this Act is governed by the law in effect on the
465	457		date the offense or violation was committed, and the former law is
466	458		continued in effect for that purpose. For purposes of this section,
467	459		an offense or violation was committed before the effective date of
468	460		this Act if any element of the offense or violation was committed
469	461		before that date.
470	462		SECTION 27. This Act takes effect September 1, 2021.
471		-	* * * * *