BOARD MEMBERSHIP

(a) The board consists of nine members appointed by the presiding officer of the commission, with the approval of the commission, as follows: (1) four members who are dealers or representatives designated by the dealers, including: (A) one dealer that has fewer than 501 motor fuel metering devices registered with the department; (B) one dealer that has more than 1,000 but fewer than 5,000 motor fuel metering devices registered with the department; (C) one dealer that has more than 5,000 motor fuel metering devices registered with the department; and (D) one dealer without regard to the dealer's number of motor fuel metering devices registered with the department; (2) two members who represent service companies, as defined by Section 2310.151; (3) one member who represents a wholesaler or distributor; (4) one member who represents a supplier; and (5) one member of the public. (b) The presiding officer of the commission, with the approval of the commission, shall appoint two ex officio nonvoting members of the board. An ex officio member is not counted as a member for purposes of establishing a quorum. The ex officio members must include: (1) one member who represents: (A) a financial institution, as defined by Section 277.001, Finance Code; or (B) a credit card issuer other than a financial institution; and (2) one member who represents a law enforcement agency. (c) Appointments to the board shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointees.