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4TH QUARTER 20

MEET THE TDLR A New Day For Motor Fuels Regulation p.12

CHAIRMAN TRANSITION

Farewell to Cary Rabb and Welcome to Dan Baker p. 7


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INDEPENDENT OPERATOR Clinton Electronics Kenan Advantage Group SilverLiner Woody's Smokehouse #1 Mark Hinck Gray Silva Tomlinson The Heather Neil Jones Food Company Independent Operator (815) 871-6626Davidson Insurance Services Tiffany Wood (800) 969-5419 (833) 200-TANK (8265) Image Care, A Sansi Company DigitalMint Robert Davidson Sheila Holyk Independent Operator Centerville, TX mhinck@clintonelectronics.com gray.silva@thekag.com heather@silverliner.com C & I536-2434 Oil of Beaumont, LP Josh Jones Eric Pitt (903) http://www.clintonelectronics.com http://www.thekag.com http://silverliner.com (972) 980-4884 (800) 291-3862 Codysur Group (865) 293-6028 (202) 747-4001 Donovan Weldon tiffany@woodysjerky.com Joaquin Figueroa bobby@davidsoninsservices.com sales@njfco.com greg.ludwig@snadisplays.com epitt@digitalmint.io https://woodys-smokehouse.com/ CStore Guru LLC Lime Energy Spectrio (409) 833-6331 (956) 626-1901 http://www.sansiimagecare.com http://https://www.digitalmint.io http://www.davidsoninsservices.com http://njfco.com Jimmy Gandhi John Dolan Ray Daugherty joaquin.figueroa@codysurgroup.com dweldon@cioil.us PETROLEUM DISTRIBUTOR (936) 206-5875 (914) 522-2398 (800) 584-4653 http://www.codysurgroup.com JUUL Labs, Inc. Bunker One (USA) Inc. gandhijimmy7@gmail.com Discount LED jdolan@lime-energy.com rayd@spectrio.com Mark Bordas Shobi Issa Justin Schmidt Mayeh Investments http://www.cstoreguru.com http://lime-energy.com http://www.spectrio.com Getty Realty Corp. Pressure (512) 233-9586Pros (469) 268-2940 (346) 339-3378 Mike Maaweh mark.bordas@juul.com shobi.issa@discountled.us Lauren Supplier (972) 839-9200 jusc@bunkerone.com Dualite Sales & Andrew Service, Inc.Bruton Mainstreet Inc. TankSmith Tech Inc. http://www.juul.com http://www.discountled.us http://bunkerone.com Bob Stephany Debbie Simurda Rob Russell (917) 745-6287 (803) 318-6041 Bitcoin Depotmikemaayeh@gmail.com(513) 536-3171 (469) 766-1921 (573) 471-1932 abruton@gettyrealty.com lauren@pressureproswash.com Loxahatchee Electronics Corp. Dri-sump Containment Testing SUPPLIER bstephany@dualite.com info@mainstreetinc.net rob@tanktech.com Mark Smith John Garrity Danny Brevard, P.G. Petroleum Distributor http://www.gettyrealty.com http://www.pressureproswash.com Absopure Water http://www.dualite.com http://www.mainstreetinc.net http://www.tanktech.com (770) 670-9095 (561) 784-9600 (409) 842-0150 Daniel Ward Brad Hall & Associates danny@dri-sump.com mark@bitcoindepot.com (281) 814-9593 Steve Kornman EA Engineering, Science, Marshall Young Insurance Agency sales@pumpkey.com TEU Services, Inc. dba REDAAP http://loxahatcheeelectronics.com http://www.dri-sump.com dward@absopure.com and Technology,M+A Inc., PBC. Rusty Walker Timothy Carpenter http://www.bitcoindepot.com (208) 523-6582 Matting RockItCoin LLC http://www.absopure.com (817) 645-9155 (830) 496-4090 info@bradhallfuel.com Robert Owens PMMIC Insurance DUMAC Business Systems, Inc. Jim Ruth Benjamin Phillips rusty@marshallyoung.com timothyc@redaap.com http://bradhallfuel.com (972) 315-3922 Brian Wiegert Shaun O’Brienhttp://www.marshallyoung.com American Security Products rowens@eaest.com http://www.redaap.com (800) 241-5549 (773) 818-5540 (515) 334-3001 (315) 463-1010 CIMAMcKay Cash Handeling America Inc. Donny CIK Petroleum Corp. http://www.eaest.com jruth@mamatting.com ben@rockitcoin.com jengle@pmmic.com sobrien@dumac.com Vik Devjee (951) 685-9680 Pedro Perez Mila Wholesale The Site Controller LLC http://www.pmmic.com http://www.dumac.com http://www.mamatting.com http://www.rockitcoin.com dmckay@amsecusa.com Extreme Signs Danielle Reed David Millhollon (956) 477-9001 1-832-974-4820 http://www.amsecusa.com (844) 233-4044 (951) 256-8500 pperez@kappatexas.com Orlando Batista Presto-X Emergency Ice Inc. vik@cima-america.com (936) 435-0988 danielle@milawholesale.com gm@thesitecontroller.com Greg Mills Robert Mendoza ANS Distributing Pro Petroleum o.batista@extremesignsusa.com http://milawholesale.com http://www.thesitecontroller.com http://www.cima-america.com MDI Worldwide Verkada (713) 661-1979 (214) 631-3535 Christopher Williams http://www.extremesignsusa.com Brian Hester greg.mills@rentokil.com robert@emergencyice.com Renee Schoichit JoyceTrivanta Zheng (469) 431-8008 (800) 333-9330 Modisoft Inc. http://prestox.com http://www.emergencyice.com cwilliams@ansdistributing.com Formula Four Beverages (USA) Inc. Sohail Modi Moorhead (248) 553-1900 (833)Bob837-5232 texassales@propetroleum.com CLEC Distribution LLC http://www.ansdistributing.com Jennifer Kovach (866) 216-8707 (214) 522-7200 http://www.propetroleum.com tradeshows@mdiworldwide.com sales@verkada.com Tomdao LLC, FormaShape Composites Mike Hand (424) 284-2177 info@modisoftinc.com bob@trivanta.com dba Petroleum Network Solutions Jeremy King http://mdiworldwide.com http://www.verkada.com Axxis jennifer.kovach@formula-four.com http://www.modisoftinc.com http://www.trivanta.com (713)Software 472-4083 Supplier Thomas Lyons (250) 870-1457 Anthony Rodriguez http://drinkOXIGEN.com (817) 888-6167 jeremy.king@formashape.com mikehand@clecco.com Big Dipper Dough Co., Inc arodriguez@axxispetro.com NaturallyU, LLC Urestone by Replications Unlimited tlyons@petronetwrksolutions.com http://www.formashape.com Austin Groesser http://www.axxispetro.com FuelMaster/Syntech Systems, Inc.Tank & Pipe Brandi Maxwell Matt Wasiak http://www.clecco.com Nationwide Zorbitz, Inc (231) 883-6035 Pat Goff (713) 789-0641 (314) 524-2040 Wallis Bank Freezing Point, LLC Marian Heymsfield austin@bigdipperdough.com Blue Hound Construction, LLC (830) 469-2628Lauren Arons bmaxwell@naturallyu.com mwasiak@repunlimited.com Murtaza Natalwalla Mark Speiser http://bigdipperdough.com Bradford Park edye.coxwell@myfuelmaster.com http://www.naturallyu.com http://www.urestonepanels.com (830) 387-4027 (323) 571-4944 (214) 716-4850 (832) 651-9843 Clark328-8171 Brands, LLC (832) http://myfuelmaster.com lauren.arons@nationwidetankandpipe.com zorbitzorders@yahoo.com murtaza.natalwalla@wallisbank.com mark.speiser@freezingpointllc.com Stacey Yimet CipherLab USA, Inc. brad@txbluehound.com Naughty Chile Taqueria http://wallisbank.com https://www.frazil.com http://zorbitz.net Edgar Lopez http://www.bluehoundconstruction.com Gas Pos, Inc. http://www.nationwidetankandpipe.com Jane Hartgrove (630) 355-9278 (888) 300-9779 Josh Smith (303) 329-0900 Gourmet Innovations syimet@clarkbrands.com BMO Harris Bank elopez@cipherlab.com (205) 948-7523 jane@naughtychile.com Jason Fesler Jonathan Graham http://www.cipherlab.comlance@gaspos.co http://www.naughtychile.com http://clarkbrands.com (877) 502-7326 (312) 461-3635 http://www.gaspos.co jason@bestwhip.com jonathan.graham@bmo.com OPIS by IHS Markit http://gicream.com http://www.bmoharris.com Groendyke Transport Renee Ortner Jim Hoelker (301) 284-2000 Brass Reminders Company, Inc. (580) 234-4663 rortner@opisnet.com Brent Durham jhoelker@groendyke.com http://www.opisnet.com (859) 887-5394 brassreminders@gmail.com Imagination Fuel Processing Company Petroleum Marketers Equipment Co. of TX http://www.brassreminders.com Yasin Maredia Dale Frost (832) 876-2521 (469) 332-3700 C&A Associates Imaginationfuelprocessing@gmail.com dfrost@pmgroupcos.com Jessi Jeansonne http://www.pmecok.com (225) 791-7797 jessijeansonne@caassociates.com http://www.caassociates.com TH E I N D USTRY LEA D E R I N T E X A S THE INDUSTRY LEADER IN TEXAS


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CONTENTS TEXA S FOOD & FU E L M AGA Z IN E

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MEET THE TEXAS DEPARTMENT OF LICENSING & REGULATION

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22

UST OPERATOR TRAINING

WINTER SUMMIT

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12

16

20

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CHAIRMAN'S MESSAGE

MEET THE TDLR

QUARTERLY BUZZ

UST OPERATOR TRAINING

WINTER SUMMIT

Farewell Cary Rabb and Welcome Dan Baker

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A New Day in Fuels Regulation

What's new at the TFFA

New Deadline for Operator Training

Schedule and Events


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Texas Food & Fuel Association Staff

Board of Directors

Paul Hardin, CAE President/CEO phardin@tffa.com

Cary Rabb, Round Rock WAG·A·BAG™ Chairman

Officers:

Rick Bolner, CPA Vice President of Accounting rbolner@tffa.com

Dan Baker, San Angelo Regal Oil Company Vice Chairman

Bobby Warren, Sherman Douglass Distributing Co. District VII

Matt Burgin Director of Government Relations mburgin@tffa.com

Steve Fryar, Brownwood P.F. & E. Oil Company Secretary

Mike Kittrell, Parker World Fuel Services Corporation District VIII

Steve Boyd, Houston Sun Coast Resources, Inc. Treasurer

John Prickette, Sulphur Springs Grocery Supply Company District IX

Madalyne Lange, Sherman Immediate Past Chairman

Fred Sloan, Dallas TAC Energy District X

Scott B. Fisher Senior VP of Policy & Public Affairs sfisher@tffa.com Dana Fuller, CEM Director of Expo & Events dfuller@tffa.com Annette Hicks, CMP Vice President of Meetings & Expositions ahicks@tffa.com William Reagan Director of Strategic Industry Initiatives wreagan@tffa.com Sean Russell Creative Marketing Manager srussell@tffa.com Kris Wallace Assistant Director of Finance kwallace@tffa.com The Texas Food & Fuel Magazine is published quarterly by the Texas Food & Fuel Association, Austin, Texas, USA. Subscriptions are included in the dues paid by Texas Food & Fuel Association member companies. Subscription requests: Texas Food & Fuel Association 401 W. 15th Street, Suite 510 Austin, TX 78701 P 800.460.8662 F 512.477.4239 info@tffa.com ©2019 Texas Food & Fuel Association. All rights reserved. The contents of this publication may not be reproduced by any means, in whole or in part, without the written consent of the publisher.

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Don Grissom, Austin General Counsel Paul Hardin, Austin President/CEO

Region Directors: Robert Eggleston, Midland Penta Operating, LLC Region A Lance Davis, Bonham McCraw Oil Company Region B Don Broach, Bryan BRENCO Marketing, Corp. Region C Terry Tesch, Angleton R.B. Stewart Petroleum Products, Inc. Region D

District Directors: Neal McCarty, Fiona Kendrick Oil Company District I Nelson Grona, San Antonio Bear Oil Company. Inc. District II Joy Garcia, Mineral Wells Connel Oil Corp. District III Paul Masters, El Paso Mogas, Inc. District IV Mike Hennings, San Angelo Tres Amigos C-Stores District V Aaron Nilsson, Daingerfield W.O.I. Petroleum, Inc. District VI

Charles Reichenau, Mason Short Stop Food Stores District XI Mark Jackson, Navasota Kolkhorst Petroleum Company District XII Clay Johnson, Austin Tex-Con Oil Company District XIII Imad Sarkis, Beaumont Tri-Con, Inc. District XIV Phil Wuest, McQueeney Wuest’s, Inc. District XV Wes Scott, San Antonio Arguindegui Oil Co. II, Ltd District XVI Alison Schmidt, Houston U.S. Oil, a division of U.S. Venture, Inc. District XVII Jake Marsico, Dickinson Bay Oil Company District XVIII

Directors At Large Marketers Bill Crittenden, Kerrville Mini Mart Alex Garoutte, Midland Kent Oil, Inc. Terry Harrah, Belton CEFCO Convenience Stores

Guy Oliver, Austin MTG Management Justin Parrott, Dallas Ranparr, Inc. Jeff Scarbrough, Clovis, NM Allsups Petroleum, Inc.

Directors At Large Suppliers Tori Bates, Richardson Tait Environmental Services, Inc. Buster Cage, Whitney Republic Tobacco Michael Lawshe, Fort Worth Paragon Solutions, Inc. Wolfgang Manz, Houston PWM Electronic Price Signs Tim Miller, Kingwood Ascentium Capital, LLC Richard Rogers, Pasadena Texas TransEastern, Inc.

Past Chairmen Gary Garrison*, Plainview Fred Garrison Oil Company Rodney Fischer, New Braunfels Midtex Oil, L.P. Rick Golman, Dallas Empire Petroleum Partners, LLC Gary Johnson Odessa Johnson Brothers Oil Company Jim Kolkhorst, Navasota Kolkhorst Petroleum Company Terry Maxey*, Uvalde Maxey Energy Company Randy Parrott, Dallas Ranparr, Inc. *serves on Executive Council Board Term: January 1-December 31, 2019


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THE INDUSTRY LEADER IN TEXAS


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Join Us In Saying Farewell To Outgoing Chairman Cary Rabb And Welcoming Incoming Chairman Dan Baker A MESSAGE FROM

OUR CHAIRMAN

It has indeed been a busy two and a half years. One big accomplishment was changing officers from a one-year term to a two-year term. With the change, each incoming chair will have a year to settle into the leadership role followed by a legislative session year. We moved our $5 million investment portfolio from Frost Bank over to Buckingham. We have restored the lottery bonus program, grown the expo attendance by 5% over the previous year and exceeded expo net income by 2.4%. But of course, we can all agree, the biggest prize of this legislative session, was moving fuel programs from TDA to TDLR under Senate Bill 2119. This was a monumental victory we should

all be proud of. We all look forward to working together with TDLR to achieve common sense regulation that’s fair to us fuel retailers but maintains the necessary consumer protections. I want to thank Brian Francis, Executive Director of TDLR, as well as Paul, Scott, Matt and our lobbyist, Billy Phenix, for the long days and late nights and going far beyond the call of duty to successfully pass SB2119. I cannot thank the staff enough for their time, talent, and effort they put into making TFFA the organization we are all proud of. I’ve had the opportunity to interview the staff over the last two years. Every time I come away, I am reassured by their complete dedication, commitment, and enthusiasm of TFFA. I also encourage everyone to become more involved in TFFA. Whether it’s grocery, tobacco, fuel, or regulatory issues; we all need everyone involved where we can achieve common goals in this industry.  In closing, I'll say that I have been deeply honored to represent the Texas Food and Fuel Association over the last two years. I can’t thank enough, the staff, the board, and the executive council and certainly the membership for helping me along the way.

Cary Rabb, Chairman Texas Food & Fuel Association 2017-2019

A MESSAGE FROM

OUR INCOMING CHAIRMAN

It is an honor and a privilege to be the next Chairman for the Texas Food & Fuel Association. I look forward to assuming my new role with the TFFA Board to ensure that we continue to move the work forward and maintain the momentum already established.

On behalf of the TFFA Board and Staff, I would like to thank Cary for his outstanding leadership in driving TFFA in a very positive direction these past two years. Under his direction, this association continues to be an influential and driving force in the state of Texas. Thank you, Cary for your time and efforts in keeping TFFA moving in the right direction. As 2019 comes to a close, I have visited Paul and the staff to begin gearing up for the start of 2020 which already promises to be another great year. Your involvement in the coming months will be essential for the growth and well-being of this association. We value your input on the issues that affect each of you professionally and our association as a whole. One of my goals is to work with the Membership Council to ensure we are doing all we can to bring new members in and involving them in the important work of the Texas Food & Fuel Association. There is still much work to be done and I look forward to walking alongside each of you as we work together to see that it gets done.

Dan Baker, Chairman-Elect Texas Food & Fuel Association 2020-2022 W WW.TFFA.COM


Congratulations To Dan Baker On His Upcoming Chairmanship! 8

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From Your Friends At:

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FEDERAL NEWS

Regulatory Updates Affecting The Fuel Industry

FMCSA SET TO PROPOSE IMPORTANT HOURS OF SERVICE REFORM REGULATIONS PMAA submitted written comments last week on the Federal Motor Carrier Safety Administration’s proposed changes to CDL driver hours of service requirements. The FMCSA changes are designed to provide regulatory relief to motor carriers and CDL drivers. PMAA worked closely with the FMCSA on the rulemaking from its initial conception back in 2017 and was successful in having several key changes added to the proposed rule. The four important changes in the proposed rule that are important to petroleum marketers include: • Expand the current 100 air-mile radius limitation in the short-haul driver exception to recording daily to 150 air-mile radius. • Extend the 12-hour daily maximum on-duty period for CDL drivers operating under the short haul exception to a maximum 14 hours on-duty. • Add two hours onto the 14- hour daily maximum on-duty status for CDL drivers operating under the adverse weather exception. The adverse weather exception currently extends the 11-hour maximum daily driving limit by 2-hours due to bad weather but does add 2 hours onto the 14-hour maximum daily on-duty time to accommodate for the longer driving time. • Allow CDL drivers to interrupt the clock on their 14-hour maximum daily on-duty time for up to 3 hours, for loading and unloading activities, provided the driver goes off-duty for the length of the interruption and takes 10 consecutive hours off at the end of the work shift. PMAA told the FMCSA that it supports the proposed changes and requested that the break in on-duty time for up to three hours apply to CDL drivers who are required to remain on-duty during waiting periods at petroleum terminals. The changes are expected to add flexibility to driver scheduling and provide some relief to the chronic shortage of qualified CDL drivers. The final rule is expected to be published early next year. W WW.TFFA.COM

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FMCSA DRUG & ALCOHOL CLEARINGHOUSE OPEN FOR REGISTRATION – DEADLINE JANUARY 6, 2020 The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration’s (FMCSA) online registration is now open for the Commercial Driver’s License Drug and Alcohol Clearinghouse. The Clearinghouse electronic database was mandated by Congress under the Moving Ahead for Progress in the 21st Century (MAP-21) highway bill of 2012. The Clearinghouse is a secure online database that will give employers, the FMCSA, State Driver Licensing Agencies (SDLAs), and State law enforcement personnel real-time information about commercial driver’s license (CDL) and commercial learner’s permit (CLP) holders’ drug and alcohol program violations. The Clearinghouse will contain records of violations of drug and alcohol prohibitions, including positive drug or alcohol test results, test refusals, completion of return-to-duty (RTD) process and follow-up testing plan. The Clearinghouse mandate does not change any existing requirements in the U.S. Department of Transportation (DOT) procedures for CDL driver drug and alcohol testing other than to require use of the online database. Employer use of the Clearinghouse database is required for pre-employment CDL driver record investigation, annual drug and alcohol investigations for all current CDL employees and to upload driver violations and return to duty status. • Employers and drivers must register with the FMCSA drug and alcohol Clearinghouse no later than January 6, 2020. • Employers and drivers may register with the Clearinghouse starting October 11, 2019. • Employers and/or their third-party designees must begin using the database for pre-employment investigations on January 6, 2020. • Employers will no longer to be required to conduct manual pre-employment driver drug and alcohol investigations once three years of testing and/or violation data is stored in the Clearinghouse. Manual pre-employment investigation will no longer be required after January 6, 2023. • Employers and/or third-party designees, medical review officers, and substance abuse professionals must begin uploading driver drug and alcohol violations on January 6, 2020. For additional information on the FMCSA Drug and Alcohol Clearinghouse go to: https://clearinghouse.fmcsa.dot.gov.


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The TFFA Scholarship: Apply Today!

The Texas Food & Fuel Association Scholarship Foundation is a non-profit 501(c)(3) organization established to award academic scholarships to exemplary high school seniors seeking higher education. Eligible youth are children of Texas Food & Fuel Association marketer or supplier members, or their employees. Students are encouraged to submit an application along with the required documentation no later than FRIDAY, APRIL 17, 2020.

APPLICANT CRITERIA:

• A dependent child of a Texas Food & Fuel Association member, or; Actively employed by a marketer, retailer or supplier member of the Texas Food & Fuel Association. • A graduating high school senior and younger than 21 years old at the time of the application.

To download the scholarship application, go to: www.tffa.com/ scholarships-awards Submission Deadline: FRIDAY, APRIL 17, 2020.

For more information, contact: Scott B. Fisher at 512.617.4308 or sfisher@tffa.com.

THE INDUSTRY LEADER IN TEXAS


Go to www.wpmaexpo.com for information or call 1 (888) 252-5550

EXPO

February 18-20, 2020 at the Mirage in Las Vegas, NV

PAUL RYAN

Speaker of the U.S. House of Representatives (2015-2019) WPMA President Dennis Campo announces Keynote! Don’t miss out on this great opportunity to hear Paul Ryan, 54th Speaker of the U.S. House of Representatives (October 2015 to January 2019). Mr. Ryan was the youngest speaker in nearly 150 years. During his tenure, Ryan spearheaded

efforts to reform our nation’s tax code, rebuild our national defense, expand domestic energy production, combat the opioid epidemic, reform our criminal justice system, and promote economic opportunity. Come and listen to Paul Ryan speak at the WPMAEXPO in February!

WPMA


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MEET THE

TEXAS DEPARTMENT OF LICENSING & REGULATION And a New Day for the Motor Fuels Industry

Senate Bill 2119 in the 86th Legislature transferred oversight of the Motor Fuels program from the Texas Department of Agriculture (TDA) to the Texas Department of Licensing & Regulation (TDLR). TDLR and TDA have worked closely to make sure that the transfer of the Motor Fuels program goes as smoothly as possible for consumers and licensees. HISTORY OF THE TDLR

S

B 2119 includes a fifteen-month transition period where TDA, TDLR, and TFFA will work together to smoothly transfer the registrations, program fees, penalty policies, and all other regulatory operations from one state agency to another. TFFA will be reaching out to member companies from all sides of the fuel industry to assist in this transition process over the next few months. TFFA is pushing to make the transition as quickly as possible for the benefit of both the industry and the state agencies involved. The bill’s passage is big news for the fuel industry as it marks the end of 90+ years of regulation by TDA and the beginning of an important relationship with a new state agency in TDLR. There were a lot of risks with trying to make the move at the Texas Capitol, but in the end with the signing of the bill, TFFA can declare a major legislative success. TDLR has temporarily delegated licensing of motor fuel distributors, wholesalers, jobbers, suppliers, licensed service companies and licensed service technicians to TDA. Meanwhile, TDLR will use its regulatory authority to protect Texas consumers and to perform motor fuels investigations into motor fuels quality, pricing complaints, and skimmers.

In 1909, the 31st Texas Legislature enacted House Bill 109, creating the Texas Bureau of Labor Statistics. During this time the Bureau had three other divisions: 1. The Boxing and Wrestling Division 2. The Oil and Gas Enforcement Division 3. The Boiler Inspection Division In 1973, the Legislature changed the name of the agency to the Texas Department of Labor and Standards. In 1989, the Legislature changed the agency's name to the Texas Department of Licensing and Regulation. In 2005, the Texas Board of Barber Examiners and the Texas Cosmetology Commission were both abolished, and those functions transferred to the Texas Department of Licensing and Regulation.

TDLR OVERVIEW

The Texas Department of Licensing and Regulation (TDLR) provides oversight for a broad range of occupations, businesses, facilities, and equipment. The agency protects the health and safety of Texans and ensures they are served by qualified professionals. They foster a predictable regulatory climate by minimizing government interference.

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texa s f ood & f u el magaz ine

In their work, the TDLR: • •

is open and transparent; apply clear, consistent, and common sense standards;

keep costs low and efficiency high; and

deliver an exceptional customer experience.

Chapter 51 of the Texas Occupations Code establishes TDLR’s responsibilities. The Texas Commission of Licensing and Regulation is TDLR’s governing board and policy-making body. The Governor, with the consent of the Texas Senate, appoints the Commission’s seven public members to staggered six-year terms. The commissioners then select an executive director, currently Brian Francis. The commissioners honor and respect the trust placed in them by the Governor and their fellow Texans, and they ensure that their decisions and actions are fair and transparent. By law, commission members cannot engage in any of the occupations or businesses that TDLR regulates.

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TDLR’s Advisory Boards consist of licensees and include representatives from regulated businesses and industries, as well as public members and other professionals. Advisory board members provide important technical knowledge and industry expertise and give the Commission and TDLR staff real-world insight. Input from each advisory board is critical in helping TDLR effectively carry out our mission and achieve our vision. 31 of TDLR’s 39 programs now have advisory bodies. The TDLR's philosophy states that "To achieve smaller, smarter government, we: •

Honor the public by being fair, transparent, and efficient; Value our customers and coworkers by seeking and using their input; Foster innovation and change by challenging the status quo; Recruit, empower, and reward highperforming employees; and Transform programs and improve services for customers.

TDLR: WHO THEY REGULATE BUSINESS & OCCUPATIONS (11)

PROFESSIONALS (7)

BUILDING & MECHANICAL (8)

Driver Education

Barbering

Architectural Barriers

and Safety

Cosmetology

Boiler Safety

Licensed Breeders

Laser Hair Removal

Code Enforcement Officers

Motor Fuel Metering and Quality

Offender Education Providers

Electrical Safety

Polygraph Examiners

Property Tax Consultants

Professional Employer Organizations

Property Tax Professionals

Elevators, Escalators and Related Equipment

Combative Sports

Auctioneers

Air Conditioning and Refrigeration

Industrialized Housing and Buildings

Service Contract Providers

Mold Assessors and Remediators

Towing Companies Transportation Network Companies Used Automotive Parts Recyclers Vehicle Storage Facilities NATURAL RESOURCES (2)

Water Well Drillers and Pump Installers Weather Modification

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MEDICAL AND HEALTH PROFESSIONS (11) Athletic Trainers

Behavior Analysts Dietitians Dyslexia Therapy Hearing Instrument Fitters and Dispensers

Midwives Orthotists and Prosthetists Podiatric Medicine Sanitarians Speech Language Pathologists and Audiologists


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TFFA SUMMIT PRESENTATION

At the 2019 Fall Summit, Brian Francis, Executive Director of the Texas Department of Licensing and Regulation, introduced the agency, himself, and his staff to the TFFA membership. He came to tell us a little bit about the agency and its history and the many industries it oversees.

1. What is working well in the motor fuels program? 2. What can be improved?

3. If you were king/queen for a day, what changes would you make to the laws, rules, or processes? 4. In the next five years, what major changes do you expect in your industry and in the state of Texas?

Using a text polling app, members could respond, with their live answers appearing on the screen. This prompted a lively back and forth exchange as members voiced some of their frustrations and their hopes for the future. After a discussion of some of the member responses, a word cloud was generated, showing the major themes and phrases that arose in the answers. 1. What is working well in the motor fuels program?

"Our economy is fueled by people in this room."

- Brian Francis, Executive Director, Texas Department of Licensing & Regulation

2. What can be improved?

Mr. Francis began with an overview of his agency, the industries it regulates and the TDLR's regulation philosophy. He introduced several of his staff members, who attended Summit workshops and sessions to get a better feel for some of the issues facing our industry. Mr. Francis, and his staff, embody their agency's motto: we are always listening, eager to learn, and willing to change.

GETTING TO KNOW US

3. If you were king/queen for a day, what changes would you make to the laws, rules, or processes?

Mr. Francis also wanted to get to know us better and what the industry needs to thrive and best serve our fellow Texans. To get a better understanding of the members, and some of the issues facing them, Mr. Francis asked four questions of the members present:

THE INDUSTRY LEADER IN TEXAS


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4. In the next five years, what major changes do you expect in. Your industry and in the state of Texas?

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TDLR conducts complaint intake, then the complaint is screened. The complaint is then investigated and closed or referred to another department if necessary. TDLR took over full responsibility for inspections on November 1, 2019. Also established by Senate Bill 2119, was the Motor Fuels Workgroup. The purpose of the Workgroup is to provide input advice and recommendations to the TDLR and TDA for the orderly transfer of powers, duties, functions, programs, and activities.

WHAT HAS THE TDLR BEEN DOING?

To handle the licensing needs of the industry, the TDLR created a Licensing Database. Following this, the agency created groups for the implementation of the program. A Management Committee was formed and three smaller focus teams were established: the Contract Management Team, the Transformation Team, and the Support and Maintenance Team.

Senate Bill 2119 was signed by the Governor on June 14, 2019, and by June 28th, the TDLR had its first meeting regarding the transition. Following that initial meeting, the agency began taking a number of steps to ensure a quick and efficient transition. Rapid Response Team and CARE teams were formed. Agency members began field visits in July and by the 28th and a Bill Implementation Team was established. On July 29th, an inter-agency Memorandum of Understanding for the temporary licensing of the motor fuels industry, was signed. The Industry Advisory Committee was formed on August 29 and a dedicated Motor Fuels landing page was up and running on the TDLR website.

CONTACT TDLR

For more information about Motor Fuel Metering and Fuel Quality, contact customer service. Texas Department of Licensing and Regulation Fuel Metering and Quality Program PO Box 12157, Austin, TX 78711 Or use (800) 803-9202 [in-state only] QR code: (512) 463-6599 Fax: (512) 463-9468 https://www.tdlr.texas.gov

WHAT'S NEXT?

The TDLR is quickly moving to get all of the pieces in place for a smooth and orderly transition from TDA. All Motor Fuel functions were transferred to TDLR on September 1 and a complaint process was established.

Sign up for updates at:

https://public.govdelivery.com/accounts/TXDLR/subscriber/new

/TDLR

MOTOR FUELS WORKGROUP

The Workgroup consists of 15 members appointed by the Executive Director of the Department. Members’ terms expire on October 1, 2020. •

Two Licensed Service Companies or their representative

One Department staff member

Three Convenience Store Operators or their representative

One Law Enforcement Agency Representative experienced in skimmer investigations

One Bulk Meter Operator or their representative

Two Financial Institution Representatives or Credit Card Issuer Representatives

One Liquid Propane Gas Operator or their representative

One Ex Officio member from Texas Department of Agriculture

Two Fuel Marketers (includes suppliers, distributors or wholesalers) or their representative

One Ex Officio member from Texas Attorney General

W WW.TFFA.COM

@TDLR


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IS IT LEGAL TO SELL HEMP / CBD CONSUMABLES IN TEXAS?

E-CIGARETTE TAX BILL CLEARS HOUSE PANEL

WASHINGTON, D.C.—The House Ways and Means Committee Wednesday approved H.R. 4742, a bill that seeks to tax e-cigarettes and other vaping products like traditional cigarettes. Approved by a 24–15 vote, the measure now advances to the full House for consideration. As reported in NACS Daily, the bill, introduced in the House by Reps. Tom Suozzi (D-N.Y.) and Peter King (R-N.Y.) in October, would tax e-cigarettes and vaping products for the first time at the federal level. Already, 19 states and the District of Columbia have added their own taxes on e-cigarettes. The bill would place an excise tax equal to the $1.01 federal levy per pack of cigarettes on tobacco alternatives. The Joint Committee on Taxation estimates that the bill would raise nearly $10 billion over a decade. “Increasing the cost of vaping will have a direct correlation to decreasing the usage of vaping products,” Rep. Suozzi said in a statement. Although sponsored by members from both sides of the aisle, the bill advanced largely on a partisan basis. It is unclear if the legislation will be considered as a standalone measure or if it will be joined with additional e-cigarette bills before it is considered on the House floor.

As the industry is bombarded by CBD infused products, many TFFA members are asking the question "can I legally sell CBD infused products?" While the rules and regulations seem to change daily on this, the current information from the Texas Department of State Health Services basically states that you can. Here is the information from the TDSHS: Can I sell consumable hemp products at retail now? Yes, Section 11 of HB 1325 allows for existing retailers to possess, transport or sell consumable hemp products that become part of the retailers' inventory prior to the effective date of DSHS rules resulting from HB 1325. The retailer must be licensed as currently required by law. Retailers selling consumable hemp products must ensure the product is safe for consumption by being free of heavy metals, pesticides, harmful microorganisms or residual solvents. Additionally, consumable hemp products sold must not contain more than 0.3 percent THC. During routine inspection or complaint investigations, DSHS, within its statutory authority, may detain products, including dietary supplements, that are labeled as or contain hemp, including CBD, and that make unproven health claims, such as preventing, diagnosing, treating and/or curing a health or medical condition. Products that are being manufactured or handled in a manner that creates a health hazard for people who may use it may also be detained. Note: HB 1325 contains limitations regarding retail sales of out-of-state consumable hemp products. The products must be processed or manufactured in another state in compliance with: • that state or jurisdiction's plan approved by the USDA; • in the absence of a state submitted plan, a plan established by the USDA; or, • the laws of that state or jurisdiction if the products are tested in compliance with, or similar to those set out in Section 443.151 of HB 1325. Upon approval of the Texas state hemp plan by USDA, DSHS will establish a process to register retailers selling consumable hemp products containing CBD. At that time, existing retailers selling consumable hemp products containing CBD and new retailers wishing to sell these products will be required to register with DSHS. Find out this and more at https://www.dshs.texas.gov/ consumerprotection/hemp-program/default.aspx THE INDUSTRY LEADER IN TEXAS


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ANNETTE HICKS RECEIVES TSAE PROFESSIONAL EXCELLENCE AWARD Annette Hicks, TFFA’s Vice President of Meetings and Expo, will be the 2019 recipient of the Texas Society of Association Executives Professional Excellence Award. The award will be presented at TSAE’s Annual Conference in Galveston, on September 16th. The Professional Excellence Award recognizes individuals who have made exceptional contributions to their association and demonstrate abilities for continued high levels of achievement in the field of association management. “If the very definition of this award does not describe Annette, I’m not sure what does.

WATCH HOW YOU ADVERTISE CBD PRODUCTS: FTC

Any person that comes in contact with Annette know right away that she the utmost professional in every sense of the word. Her 25 years of contributions to the association have literally helped keep the association on track. She is the most thorough, organized individual I’ve ever had the pleasure of working with” states Paul Hardin, CAE, TFFA’s President/CEO.

As gas stations and convenience stores embrace the sale of products made with cannabidiol, or CBD, the Federal Trade Commission is warning businesses about making unsubstantiated claims of CBD's health benefits.

Congratulations to our very own Annette Hicks!

FTC warned all businesses in a blog post today that merchants and advertisers must ensure their statements are supported by reliable scientific evidence.

HIGH-VOLUME BUC-EE'S EXPANDING TO GEORGIA

C-store marketers in Georgia take note: Buc-ee's, the highvolume off-the-charts convenience store chain based in Houston, will break ground on a site in Georgia that should be operational in early 2021. Buc-ee's is by far the most efficient c-store chain in the country as ranked by OPIS. Market efficiency is calculated by dividing a company's outlet count in a given market by their market share, and Buc-ee's has more than eight times the average share. The first Georgia location will be in Warner Robins, south of Macon, and will break ground next Monday. The site is at the southeast corner of Interstate 75 and Russell Parkway. The location will include 53,000 square feet of store and 116 fueling positions. Cheap gasoline is a staple of the company, but it also boasts more specific c-store items than competitors and is sometimes described as a "Wawa Times Seven." The store count for Buc-ee's currently stands at 37 sites with the bulk of the properties in the greater Houston area. In addition to its footprint in Texas, it now operates a location in Robertsdale, Ala., and broke ground on a Florida location near Daytona Beach. At one point, the Buc-ee's owners eyed opening some stores in Louisiana, but they have since backed down from those commitments.

W WW.TFFA.COM

"Unsubstantiated health claims could be subject to law enforcement," the FTC said. The commission also said it had just sent warning letters concerning unsupported claims to three vendors for a variety of CBD oils, creams, capsules and gummies, without disclosing their names. FTC, along with the Food and Drug Administration, also sent similar warning letters to other CBD sellers in March, the agency said. The advertising under scrutiny emphasizes CBD as a treatment or cure for serious diseases, such as Alzheimer's disease, multiple sclerosis, epilepsy, heart disease and stroke. But also included in the questionable claims is the description of CBD as a "miracle" pain reliever for acute and chronic pain. FTC's letters require these companies to review all representations, including testimonials, to make sure their claims are supported with scientific evidence. The firms were given 15 days to tell the FTC how they are addressing its concerns.


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FUEL & CONVENIENCE

THE INDUSTRY LEADER IN TEXAS


texa s f ood & f u el magaz ine

W WW.TFFA.COM

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RENEW YOUR UST OPERATOR TRAINING BEFORE JANUARY 1, 2020

2018 UST rule changes mean that all A/B Operator Licenses MUST BE UPDATED BY JANUARY 1, 2020. TFFA is proud to offer industry's most efficient and comprehensive online Class A/B UST Operator Training course that is guaranteed to save you time and money, so that you can get back to business quickly and safely!

The training is specific to the TCEQ’s regulations for Texas and consists of 7 lessons. At the end of the training with successful completion, students will be able to immediately print their TFFA Certificate of Completion.

Course highlights include: • Self-paced course

• Friendly and quick support

• TCEQ approved

• Easy-to-use software

• Simplified subject matter

• No final test

• Straight-forward questions

• Mobile ready for use on phones and tablets

CAN BE COMPLETED IN

2.5 HOURS!

GET TRAINED. GET BACK TO BUSINESS!

The only UST Operator course fully endorsed by the Texas Food & Fuel Association TO SIGN UP FOR THE COURSE, GO TO:

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W WW.TFFA.COM

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WINTER 2020

FUEL & CONVENIENCE POWERED BY TEXAS FOOD & FUEL ASSOCIATION

FEBRUARY 11 - 12, 2020 LIVE! BY LOEWS | ARLINGTON, TEXAS SCHEDULE

TUESDAY, FEBRUARY 11, 2020 8:00 am – 10:00 am

Executive Council Meeting

9:00 am – 3:00 pm

Registration

10:00 am – 11:00 am

Membership Council Meeting

10:30 am – 11:30 am

Wranglers Council Meeting

11:00 am – 11:45 am

Summit Lunch (Open to all attendees)

12:00 pm – 2:00 pm

Board of Directors Meeting

2:30 pm – 3:15 pm

Council on Transportation Meeting

3:15 pm – 3:45 pm

Retail Operations Council Meeting

3:35 pm – 4:00 pm

Networking Break

4:00 pm – 4:30 pm

Wholesale Operations Council Meeting

4:30 pm – 5:00 pm

Legislative Council Meeting

5:00 pm – 6:00 pm

Investment Council Meeting

5:00 pm – 6:00 pm

NextGen Council Meeting

6:00 pm – 8:00 pm

Summit Social – Tournament of Games

RE GI Hosted by Wranglers Council, Texas Live! ST ER ON LIN EA ND BO OK HO TE LR OO MS AT :

W W W .TF FA .C OM /S UM M IT

THE INDUSTRY LEADER IN TEXAS


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SUMMIT SPONSORS

WEDNESDAY, FEBRUARY 12, 2020 7:30 am – 3:30 pm

Registration

8:00 am – 8:30 am

Summit Breakfast Buffet

8:30 am – 9:15 am

Opening General Session

Guest Speaker, Dan North, Euler Hermes, “The Outlook for the US Economy”

9:30 am – 10:45 am Electric Vehicle Growth – Guest Speaker, John Eichberger,

Executive Director, Fuels Institute

10:45 am – 11:00 am

Networking Break

11:00 am – 12:00 pm

TDLR Operational Transition Session

12:00 pm – 1:15 pm

Summit Luncheon

1:30 pm – 2:30 pm

Concurrent Education Sessions

2:30 pm – 2:45 pm

Networking Break

2:45 pm – 3:45 pm

Concurrent Education Sessions

3:45 pm

Hangout Happy Hour

Guest Speaker, Brian Francis, Executive Director, Texas Department of Licensing and Regulation Invited Guest Speaker, Representative Craig Goldman

Hosted by

Benefitting TFFA’s Scholarship Foundation

FEBRUARY 11 l 6 TO 8PM SPORTS & SOCIAL l TEXAS LIVE! ARLINGTON

FOOD l BEVERAGES l NETWORKING l FUN TOURNAMENT OF GAMES SPONSORS

W WW.TFFA.COM

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NETWORKING

EXHIBITS

SOLUTIONS

WHY EXHIBIT?

PETROLEUM EQUIPMENT SERVICES

• Increase your sales to the Texas market

• With 15,745 C-Stores (10% of the national total) • $80 billion in Fuel and in-store sales

• Engage in face-to-face networking

• Establish relationships with future decision-makers

FOOD SERVICE/ RETAIL

BOOTHS GOING FAST

There’s Only One Way To Ensure Your Name Factors Into Their Decision-Making Process: Being There! Contact Dana Fuller, CEM, Director of Expo & Events Texas Food & Fuel Association | 512.617.4307 | dfuller@tffa.com

BUSINESS SERVICES TECHNOLOGY

See an interactive floor plan at www.sw-expo.com

ADVERTISER INDEX Federated Insurance.................................... 1 & 6 Gilbarco Veder-Root ........................................21 TFFA Health Plans .................Inside Back Cover PMMIC Tank Insurance ........ Inside Front Cover Petroleum Solutions, Inc.... Outside Back Cover LBT, Inc. ................................................................ 4 WPMA Expo.......................................................11

For advertising information contact: William Reagan Director of Strategic Industry Initiatives 512.617.4310 / wreagan@tffa.com THE INDUSTRY LEADER IN TEXAS


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Profile for Texas Food & Fuel Association

Texas Food & Fuel Magazine - 4th Quarter 2019  

Meet The TDLR TFFA Chairman Transition Federal Transportation Regulations Update Quarterly Buzz Photos from 2019 Fall Fuel & Convenience Sum...

Texas Food & Fuel Magazine - 4th Quarter 2019  

Meet The TDLR TFFA Chairman Transition Federal Transportation Regulations Update Quarterly Buzz Photos from 2019 Fall Fuel & Convenience Sum...

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