Texas House Bill HB4448

Texas 2009 - 81st Regular

Caption

Relating to fuel quality testing.

Impact

The introduction of this bill would facilitate stronger enforcement of fuel quality standards in Texas, thereby affecting businesses that deal with the sale and distribution of engine fuels and lubricants. Under the new regulations, all engine fuels intended for special use would require registration, allowing for better tracking and accountability within the marketplace. This increase in regulatory oversight is expected to reduce the prevalence of substandard fuel products, which could potentially improve vehicle performance and reduce environmental hazards associated with poor fuel quality.

Summary

House Bill 4448 focuses on amending the Texas Agriculture Code by introducing a new chapter that pertains specifically to the inspection and testing of fuel quality, including engine fuels, petroleum products, and automotive lubricants. This bill establishes a framework for the Texas Department of Agriculture to oversee the registration, administration, and compliance of various fuels that are marketed within the state. By adopting the standards set forth by ASTM International and other recognized national consensus standards, the bill aims to ensure that all engine fuels meet a minimum quality benchmark before they can be sold in Texas.

Contention

There are several points of contention surrounding HB 4448, particularly concerning the regulatory burden it may impose on smaller fuel distributors and companies that might struggle with the added costs of compliance and registration. Business owners may express concerns over the $100 inspection fee for products covered under the scope of the act, as well as the potential for administrative penalties for non-compliance. These financial implications could disproportionately affect small businesses, which might not have the resources to meet the new standards or navigate the regulatory proceedings.

Enforcement

The bill grants the Texas Department of Agriculture substantial authority to enforce compliance with its provisions. This includes conducting inspections, collecting fuel samples for testing, and issuing penalties for violations. The department will be able to issue stop-sale orders on fuels that do not meet the quality standards, which ensures that consumers are protected from potentially harmful or ineffective fuels. Furthermore, the establishment of a toll-free number for consumer complaints enhances public participation in monitoring fuel quality.