Texas Senate Bill SB2089

Texas 2009 - 81st Regular

• Out of Senate Committee: 4/30/09

Caption

Relating to protections provided by the Department of Agriculture for certain consumers; providing penalties.

Impact

The bill's amendments directly impact the regulations governing the operation and inspection of pumps, scales, and other measuring devices critical for ensuring accurate transactions in fuel sales. By reinforcing standards and imposing stricter compliance requirements, SB2089 aims to foster a more equitable marketplace. Additionally, the inclusion of testing provisions facilitates greater oversight of motor fuels, ensuring they meet federally defined quality standards, potentially benefiting both consumers and regulatory agencies tasked with enforcement.

Summary

Senate Bill 2089 aims to enhance consumer protections concerning motor fuels by updating various provisions in the Agriculture Code. Specifically, the bill modifies definitions, penalties for violations, and the inspection processes for weights and measures used in commercial transactions. One of the key changes is increasing the maximum civil penalty for violations from $500 to $10,000, significantly heightening the consequences for non-compliance. The bill empowers inspectors with greater authority to test and seize products that do not meet legal standards, thus strengthening the framework for maintaining fairness in consumer transactions regarding fuel and other commodities.

Contention

While the intent of SB2089 is to protect consumers, there are potential points of contention regarding the implications of heightened penalties and expanded inspector powers. Some stakeholders might argue that the increased penalties could place an undue burden on small businesses operating in the fuel industry, potentially driving up consumer prices as businesses may pass on compliance costs. Furthermore, the broad enforcement language could lead to disputes regarding the interpretation of standards and the rights of business operators when it comes to inspections and the testing of their products.