Texas 2009 - 81st Regular

Texas House Bill HB4448 Compare Versions

Only one version of the bill is available at this time.

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1	1	By: Chisum H.B. No. 4448
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to fuel quality testing.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Title 1, Texas Agriculture Code, is amended by
9	9	adding Chapter 13A to read as follows:
10	10	Chapter 13A. UNIFORM ENGINE FUELS, PETROLEUM PRODUCTS, AND
11	11	AUTOMOTIVE LUBRICANTS INSPECTION.
12	12	SUBCHAPTER A. GENERAL PROVISIONS.
13	13	Sec. 13A.001. DEFINITIONS. (a) In this chapter:
14	14	(1) "Engine fuel" means any liquid or gaseous matter used
15	15	for the generation of power in an internal combustion engine.
16	16	(2) "Commissioner" means the commissioner of the Texas
17	17	Department of Agriculture and designated agents.
18	18	(3) "Department" means the Texas Department of Agriculture
19	19	and its designated agents.
20	20	(4) "Person" means an individual, corporation, company,
21	21	society, association, partnership, or governmental entity.
22	22	(5) "ASTM International" means an international voluntary
23	23	consensus standards organization formed for the development of
24	24	standards on characteristics and performance of materials,
25	25	products, systems, and services, and the promotion of related
26	26	knowledge.
27	27	(6) "Petroleum Products" means products obtained from
28	28	distilling and processing of petroleum (crude oil), unfinished
29	29	oils, recycled oils, natural gas liquids, refinery blend stocks,
30	30	biofuels, and other miscellaneous hydrocarbon compounds.
31	31	(7) "Automotive Lubricants" means any material interposed
32	32	between two surfaces that reduces the friction or wear between
33	33	them.
34	34	(8) "Engine Fuel Designed for Special Use" means engine
35	35	fuels designated by the Director requiring registration. These
36	36	fuels normally have no ASTM or other national consensus standards
37	37	applying to their quality or usability; common special fuels are
38	38	racing fuels and those intended for agricultural and other off-road
39	39	applications.
40	40	(9) "Sold" means kept, offered, or exposed for sale.
41	41	SUBCHAPTER B. ADMINISTRATIVE PROVISIONS.
42	42	Sec. 13A.011. ADMINISTRATION, ADOPTION OF STANDARDS, AND RULES.
43	43	The provisions of this Act shall be administered by the department.
44	44	For the purpose of administering and giving effect to the
45	45	provisions of this Act, the specification and test method standards
46	46	set forth in the most recent edition of the Annual Book of ASTM
47	47	standards and supplements thereto, and revisions thereof, are
48	48	adopted except as amended or modified as required by the department
49	49	to comply with federal and state laws. When no ASTM standard exists,
50	50	other generally recognized national consensus standards may be
51	51	used. The department is empowered to write rules and regulations on
52	52	the advertising, posting of prices, labeling, standards for, and
53	53	identity of fuels, petroleum products, and automotive lubricants
54	54	and is authorized to establish a testing laboratory. The
55	55	department may identify a toll free number for consumers to report
56	56	suspected violations of this Act.
57	57	Sec. 13A.012. GENERAL DUTIES AND POWERS. The department has the
58	58	responsibility for testing fuel mixtures and octane rating, given
59	59	in Vernon's Civil Statues Title 132, Occupational and Business
60	60	Regulation, Chapter 4, Gasoline and Petroleum Products, Article
61	61	8614, Section 2. By power of this act the department shall have the
62	62	authority to:
63	63	(1) Enforce and administer all the provisions of this Act by
64	64	inspections, analyses, and other appropriate actions.
65	65	(2) Have access during normal business hours to all places where
66	66	engine fuels, petroleum products, and automotive lubricants are
67	67	kept, transferred, offered, exposed for sale, or sold for the
68	68	purpose of examination, inspection, taking of samples, and
69	69	investigation. If such access is refused by the owner, agent or
70	70	other persons leasing the same, the department may obtain an
71	71	administrative search warrant from a court of competent
72	72	jurisdiction.
73	73	(3) Collect, or cause to be collected, samples of engine fuels,
74	74	petroleum products, and automotive lubricants marketed in this
75	75	state, and cause such samples to be tested or analyzed for
76	76	compliance with the provisions of this Act.
77	77	(4) Define engine fuels for special use and issue a stop-sale
78	78	order if found not to be in compliance and lift the stop-sale order
79	79	if the engine fuel for special use is brought into full compliance
80	80	with this Act.
81	81	(5) Issue a stop-sale order for any other engine fuel, petroleum
82	82	product, and automotive lubricant found not to be in compliance and
83	83	lift the stop-sale order if the engine fuel, petroleum product, or
84	84	automotive lubricant is brought into full compliance with this Act.
85	85	(6) Refuse, revoke, or suspend the registration of an engine fuel
86	86	designed for special use.
87	87	(7) Establish standards for biofuel quality .
88	88	(8) Delegate to appropriate personnel any of these
89	89	responsibilities for the proper administration of this Act.
90	90	Sec. 13A.013. INSPECTION FEE. There shall be a fee of $100 per
91	91	appropriate unit of measure on all products covered under the scope
92	92	of this Act marketed for the purposes of administering and
93	93	effectively enforcing the provisions of this Act.
94	94	Sec. 13A.014. PROHIBITED ACTS. It shall be unlawful to:
95	95	(1) Represent engine fuels, petroleum products, or
96	96	automotive lubricants in any manner that may deceive or tend to
97	97	deceive the purchaser as to the nature, brand, price, quantity,
98	98	and/or quality of such products.
99	99	(2) Fail to register an engine fuel designed for special
100	100	use.
101	101	(3) Submit incorrect, misleading, or false information
102	102	regarding the registration of an engine fuel designed for special
103	103	use.
104	104	(4) Hinder or obstruct the department in the performance of
105	105	the department's duties.
106	106	(5) Represent an engine fuel, petroleum product, or
107	107	automotive lubricant that is contrary to the provisions of this
108	108	Act.
109	109	(6) Represent automotive lubricants with an S.A.E. (Society
110	110	of Automotive Engineers) viscosity grade or API (American Petroleum
111	111	Institute) service classification other than those specified by the
112	112	intended purchaser.
113	113	SUBCHAPTER C. ENGINE FUELS DESIGNED FOR SPECIAL USE.
114	114	Sec. 13A.021. REGISTRATION OF ENGINE FUELS DESIGNED FOR SPECIAL
115	115	USE. All engine fuels designed for special use must be registered
116	116	with the department. Such registration shall include:
117	117	(1) Name, brand, or trademark under which the fuel
118	118	will be sold.
119	119	(2) Name and address of person registering the engine
120	120	fuel.
121	121	(3) The special use for which the engine fuel is
122	122	designed.
123	123	(4) A certification, declaration, or affidavit
124	124	stating the fuel specifications.
125	125	SUBCHAPTER D. ADMINISTRATIVE PENALTIES.
126	126	Sec. 13A.031. ASSESSMENT OF ADMINISTRATIVE PENALTIES. The
127	127	department may assess an administrative penalty of not more than
128	128	one thousand dollars ($1,000), in accordance with Sections 12.020
129	129	and 12.0202 of the Texas Agriculture Code, against any person who
130	130	violates a provision of this Act or any rule promulgated
131	131	thereunder.
132	132	Sec. 13A.033. COLLECTION OF PENALTIES. If the respondent has
133	133	exhausted administrative appeals and the administrative penalty
134	134	has been upheld, the respondent shall pay the civil penalty within
135	135	180 days after the effective date of the final decision. If the
136	136	respondent fails to pay the penalty, a civil action may be brought
137	137	by the Attorney General in any court of competent jurisdiction to
138	138	recover the penalty. Any administrative penalty collected under
139	139	this Act shall be transmitted to the general revenue fund.
140	140	SECTION 2. This Act takes effect immediately if it receives a vote
141	141	of two-thirds of all the members elected to each house, as provided
142	142	by Section 39, Article III, Texas Constitution. If this Act does not
143	143	receive the vote necessary for immediate effect, this Act takes
144	144	effect September 1, 2009.