Tell us a little basic information about the TDLR. For instance, what is the agency’s charge and how many other business sectors does TDLR regulate? The Texas Department of Licensing and Regulation (TDLR) licenses and regulates 39 different occupations and more than 1 million licensees. We are a small agency with big responsibilities. In carrying out our mission, we rely on our innovative, hard-working and down-to-earth staff to protect the health and safety of all Texans and ensure they are served by qualified and competent professionals. We believe in providing consistent, predictable, common-sense guidance to our customers at all times. Our philosophy is that smaller, smarter government—which is efficient, innovative, and minimizes interference with the business affairs of licensees—best serves the citizens of Texas. Tell us a little about you. What has been your journey to TDLR? After my father retired from the Air Force, we landed in my parents’ hometown of Giddings. Small-town life probably shaped me more than anything. I know what respect, hard work and kindness look like. I saw that first-hand with my mom and dad. I earned a Bachelor of Business Administration from Southwest Texas State University with a major in General Business and a Master of Business Administration from St. Edward’s University with a concentration in Financial Management. I became the Executive Director of the Texas Department of Licensing and Regulation on September 1, 2016 and had been Deputy Executive Director of the agency since October 18, 1999. Before joining TDLR, I was the Assistant Administrator of the Texas Real Estate Commission and a Senior Securities Analyst at the State Securities Board. I started my public service at the Texas Savings and Loan Department. Regulating Motor Fuel Metering & Quality is a recent development. Tell us about the transition from the Texas Department of Agriculture (TDA) to the Texas Department of Licensing & Regulation (TDLR) regarding regulatory authority for “motor fuel.” What will this regulation look like for gasoline and diesel gas stations? vs. propane providers. What will propane providers be required to do if they sell propane as an on-road motor fuel? Senate Bill 2119 (86R) transferred oversight of Motor Fuel Metering and Quality from the Texas Department of Agriculture (TDA) to TDLR. TDLR has granted an initial 6-month extension of the registration expiration date for currently registered motor fuel devices with accounts that expired on or after August 1, 2020. When the new registration is due, facilities will register their motor fuel devices per type and flow rates. Facilities must have a 2-year Device Performance Review (DPR) to register or renew (this was previously known as calibration). The DPR must be performed by a service company and technician licensed by TDLR. Starting in 2021, facilities will be issued a 2-year registration for motor fuel devices. Fuel Quality fees are included in the
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Texas Propane • www.txpropane.com
2-year registration fees as indicated per device type. Facilities and Service Companies are required to report skimmer(s) found at a facility within 24 hours of discovery using TDLR’s online Skimmer Complaint form (https://www.tdlr. texas.gov/skimmers). Merchants are also required to report to the local law enforcement immediately. Service Companies are licensed with TDLR by device category and will have 2-year licenses. All controlling persons of the service company must undergo a criminal history background check. The company must have liability insurance and maintain a certificate of calibration for each test standard per device category. Service Technicians, who perform Device Performance Reviews, will be licensed for 2 years and must undergo a criminal history background check. Technicians must pay a $30 fee, and are not required to take exams for renewal; technicians are only required to take an exam if they are a new applicant or are seeking to add a new device. Currently, all LPG meters and scales, regardless of use, are still required to register with the Texas Department of Agriculture (TDA) since it is extremely rare for a meter to have a dedicated use just for on-road propane motor fuel unless it is a private stations like school district refueling their own buses. A majority of fuel pumped from these devices is for residential and commercial businesses. Only 1.6% of odorized propane sales in Texas is attributed to “on-road” motor fuel. That said. If the propane retailer registered that device with the TDA, do they also have to register that same device again with TDLR, or is that device exempt from TDLR oversight since it is already registered with the TDA and subject to registration, inspection, and calibration? Facilities operating devices that deliver LPG for use as a motor fuel must register with TDLR. Facilities operating motor fuel devices will register by device type with associated fee and will be issued a 2-year registration. Beginning in September 2021, LPG devices will need to have a 2-year Device Performance Review to register or renew. I understand there is a 6-month waiver to register with TDLR; if current TDA registration expires on or after August 1, 2020, can you tell our readers more about that? TDLR will be sending out a certification letter to all LPG fa-