By: Chisum H.B. No. 4448
A BILL TO BE ENTITLED
AN ACT
relating to fuel quality testing.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 1, Texas Agriculture Code, is amended by
adding Chapter 13A to read as follows:
Chapter 13A. UNIFORM ENGINE FUELS, PETROLEUM PRODUCTS, AND
AUTOMOTIVE LUBRICANTS INSPECTION.
SUBCHAPTER A. GENERAL PROVISIONS.
Sec. 13A.001. DEFINITIONS. (a) In this chapter:
(1) "Engine fuel" means any liquid or gaseous matter used
for the generation of power in an internal combustion engine.
(2) "Commissioner" means the commissioner of the Texas
Department of Agriculture and designated agents.
(3) "Department" means the Texas Department of Agriculture
and its designated agents.
(4) "Person" means an individual, corporation, company,
society, association, partnership, or governmental entity.
(5) "ASTM International" means an international voluntary
consensus standards organization formed for the development of
standards on characteristics and performance of materials,
products, systems, and services, and the promotion of related
knowledge.
(6) "Petroleum Products" means products obtained from
distilling and processing of petroleum (crude oil), unfinished
oils, recycled oils, natural gas liquids, refinery blend stocks,
biofuels, and other miscellaneous hydrocarbon compounds.
(7) "Automotive Lubricants" means any material interposed
between two surfaces that reduces the friction or wear between
them.
(8) "Engine Fuel Designed for Special Use" means engine
fuels designated by the Director requiring registration. These
fuels normally have no ASTM or other national consensus standards
applying to their quality or usability; common special fuels are
racing fuels and those intended for agricultural and other off-road
applications.
(9) "Sold" means kept, offered, or exposed for sale.
SUBCHAPTER B. ADMINISTRATIVE PROVISIONS.
Sec. 13A.011. ADMINISTRATION, ADOPTION OF STANDARDS, AND RULES.
The provisions of this Act shall be administered by the department.
For the purpose of administering and giving effect to the
provisions of this Act, the specification and test method standards
set forth in the most recent edition of the Annual Book of ASTM
standards and supplements thereto, and revisions thereof, are
adopted except as amended or modified as required by the department
to comply with federal and state laws. When no ASTM standard exists,
other generally recognized national consensus standards may be
used. The department is empowered to write rules and regulations on
the advertising, posting of prices, labeling, standards for, and
identity of fuels, petroleum products, and automotive lubricants
and is authorized to establish a testing laboratory. The
department may identify a toll free number for consumers to report
suspected violations of this Act.
Sec. 13A.012. GENERAL DUTIES AND POWERS. The department has the
responsibility for testing fuel mixtures and octane rating, given
in Vernon's Civil Statues Title 132, Occupational and Business
Regulation, Chapter 4, Gasoline and Petroleum Products, Article
8614, Section 2. By power of this act the department shall have the
authority to:
(1) Enforce and administer all the provisions of this Act by
inspections, analyses, and other appropriate actions.
(2) Have access during normal business hours to all places where
engine fuels, petroleum products, and automotive lubricants are
kept, transferred, offered, exposed for sale, or sold for the
purpose of examination, inspection, taking of samples, and
investigation. If such access is refused by the owner, agent or
other persons leasing the same, the department may obtain an
administrative search warrant from a court of competent
jurisdiction.
(3) Collect, or cause to be collected, samples of engine fuels,
petroleum products, and automotive lubricants marketed in this
state, and cause such samples to be tested or analyzed for
compliance with the provisions of this Act.
(4) Define engine fuels for special use and issue a stop-sale
order if found not to be in compliance and lift the stop-sale order
if the engine fuel for special use is brought into full compliance
with this Act.
(5) Issue a stop-sale order for any other engine fuel, petroleum
product, and automotive lubricant found not to be in compliance and
lift the stop-sale order if the engine fuel, petroleum product, or
automotive lubricant is brought into full compliance with this Act.
(6) Refuse, revoke, or suspend the registration of an engine fuel
designed for special use.
(7) Establish standards for biofuel quality .
(8) Delegate to appropriate personnel any of these
responsibilities for the proper administration of this Act.
Sec. 13A.013. INSPECTION FEE. There shall be a fee of $100 per
appropriate unit of measure on all products covered under the scope
of this Act marketed for the purposes of administering and
effectively enforcing the provisions of this Act.
Sec. 13A.014. PROHIBITED ACTS. It shall be unlawful to:
(1) Represent engine fuels, petroleum products, or
automotive lubricants in any manner that may deceive or tend to
deceive the purchaser as to the nature, brand, price, quantity,
and/or quality of such products.
(2) Fail to register an engine fuel designed for special
use.
(3) Submit incorrect, misleading, or false information
regarding the registration of an engine fuel designed for special
use.
(4) Hinder or obstruct the department in the performance of
the department's duties.
(5) Represent an engine fuel, petroleum product, or
automotive lubricant that is contrary to the provisions of this
Act.
(6) Represent automotive lubricants with an S.A.E. (Society
of Automotive Engineers) viscosity grade or API (American Petroleum
Institute) service classification other than those specified by the
intended purchaser.
SUBCHAPTER C. ENGINE FUELS DESIGNED FOR SPECIAL USE.
Sec. 13A.021. REGISTRATION OF ENGINE FUELS DESIGNED FOR SPECIAL
USE. All engine fuels designed for special use must be registered
with the department. Such registration shall include:
(1) Name, brand, or trademark under which the fuel
will be sold.
(2) Name and address of person registering the engine
fuel.
(3) The special use for which the engine fuel is
designed.
(4) A certification, declaration, or affidavit
stating the fuel specifications.
SUBCHAPTER D. ADMINISTRATIVE PENALTIES.
Sec. 13A.031. ASSESSMENT OF ADMINISTRATIVE PENALTIES. The
department may assess an administrative penalty of not more than
one thousand dollars ($1,000), in accordance with Sections 12.020
and 12.0202 of the Texas Agriculture Code, against any person who
violates a provision of this Act or any rule promulgated
thereunder.
Sec. 13A.033. COLLECTION OF PENALTIES. If the respondent has
exhausted administrative appeals and the administrative penalty
has been upheld, the respondent shall pay the civil penalty within
180 days after the effective date of the final decision. If the
respondent fails to pay the penalty, a civil action may be brought
by the Attorney General in any court of competent jurisdiction to
recover the penalty. Any administrative penalty collected under
this Act shall be transmitted to the general revenue fund.
SECTION 2. This Act takes effect immediately if it receives a vote
of two-thirds of all the members elected to each house, as provided
by Section 39, Article III, Texas Constitution. If this Act does not
receive the vote necessary for immediate effect, this Act takes
effect September 1, 2009.