Texas 2011 - 82nd Regular

Texas House Bill HB2335 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Hardcastle H.B. No. 2335
2	2	Substitute the following for H.B. No. 2335:
3	3	By: Hardcastle C.S.H.B. No. 2335
4	4
5	5
6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to motor fuel quality and testing.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 12.020(c), Agriculture Code, is amended
11	11	to read as follows:
12	12	(c) The provisions of law subject to this section and the
13	13	applicable penalty amounts are as follows:
14	14	Provision Amount of Penalty Provision Amount of Penalty
15	15	Provision Amount of Penalty
16	16	[Chapter 41 not more than $5,000] [Chapter 41 not more than $5,000]
17	17	[Chapter 41 not more than $5,000]
18	18	Chapters 13, 14A, 17, 18, 19, 41, 46, 61, 94, 95, 101, 102, 103, 121, 125, 132, Chapters 13, 14A, 17, 18, 19, 41, 46, 61, 94, 95, 101, 102, 103, 121, 125, 132,
19	19	Chapters 13, 14A, 17, 18, 19, 41, 46, 61, 94, 95, 101, 102, 103, 121, 125, 132,
20	20	Chapters 13, 14A, 18, 46, 61, 72, 73, 74, 76, 94, 95, 101, 102, 103, 121, 125, 132, Chapters 13, 14A, 18, 46, 61, 72, 73, 74, 76, 94, 95, 101, 102, 103, 121, 125, 132,
21	21	Chapters 13, 14A, 18, 46, 61, 72, 73, 74, 76, 94, 95, 101, 102, 103, 121, 125, 132,
22	22	Chapters 13, 14A, 18, 46, 61, 94, 95, 101, 102, 103, 121, 125, 132, Chapters 13, 14A, 18, 46, 61, 94, 95, 101, 102, 103, 121, 125, 132,
23	23	Chapters 13, 14A, 18, 46, 61, 94, 95, 101, 102, 103, 121, 125, 132,
24	24	and 134 not more than $5,000 and 134 not more than $5,000
25	25	and 134 not more than $5,000
26	26	[Subchapter B, Chapter 71 [Subchapter B, Chapter 71
27	27	[Subchapter B, Chapter 71
28	28	[Chapter 19 [Chapter 19
29	29	[Chapter 19
30	30	[Chapter 76 not more than $5,000] [Chapter 76 not more than $5,000]
31	31	[Chapter 76 not more than $5,000]
32	32	Subchapters A, B, and C, Chapter 71 Subchapters A, B, and C, Chapter 71
33	33	Subchapters A, B, and C, Chapter 71
34	34	[Chapters 72, 73, and 74] not more than $5,000 [Chapters 72, 73, and 74] not more than $5,000
35	35	[Chapters 72, 73, and 74] not more than $5,000
36	36	Chapter 14 not more than $10,000 Chapter 14 not more than $10,000
37	37	Chapter 14 not more than $10,000
38	38	Chapter 1951, Occupations Code not more than $5,000 Chapter 1951, Occupations Code not more than $5,000
39	39	Chapter 1951, Occupations Code not more than $5,000
40	40	Chapter 153, Natural Resources Chapter 153, Natural Resources
41	41	Chapter 153, Natural Resources
42	42	Code not more than $5,000. Code not more than $5,000.
43	43	Code not more than $5,000.
44	44	SECTION 2. Section 17.052(a), Agriculture Code, is amended
45	45	to read as follows:
46	46	(a) Except as provided by Subsection (b), a distributor,
47	47	supplier, wholesaler, or jobber of motor fuel may not deliver to an
48	48	outlet in this state a motor fuel mixture that contains ethanol or
49	49	methanol exceeding one percent by volume of the mixture unless, at
50	50	the time of the delivery of the mixture, the person also delivers to
51	51	the outlet receiving the delivery[:
52	52	[(1) signs required by Section 17.051 in a number
53	53	sufficient for the dealer receiving the mixture to comply with that
54	54	section; and
55	55	[(2)] a manifest, bill of sale, bill of lading, or
56	56	other document evidencing delivery of the mixture, that[:
57	57	[(A)] includes a statement containing:
58	58	(1) [(i)] the percentage of ethanol or methanol
59	59	contained in the mixture; and
60	60	(2) [(ii)] the types and percentages of any associated
61	61	cosolvents contained in the mixture[; and
62	62	[(B) evidences delivery of the signs required
63	63	under Subdivision (1)].
64	64	SECTION 3. Section 17.053, Agriculture Code, is amended to
65	65	read as follows:
66	66	Sec. 17.053. RECORD OF DELIVERY DOCUMENTS; INSPECTION
67	67	AUTHORIZED. (a) Each dealer shall keep a copy of each document
68	68	required to be delivered to the dealer by Section 17.052 until the
69	69	first anniversary of the delivery date. [During the first 60 days
70	70	following delivery of a fuel mixture subject to this chapter, the
71	71	dealer shall keep a copy at the station or retail outlet where the
72	72	motor fuel was delivered.]
73	73	(b) Each distributor, supplier, wholesaler, and jobber of
74	74	motor fuel shall keep [at the person's principal place of business]
75	75	a copy of each document required to be delivered to the dealer by
76	76	Section 17.052 until the first anniversary of the delivery date.
77	77	(c) The commissioner or an authorized representative of the
78	78	commissioner may inspect documents described by this section. On
79	79	written notice presented by the commissioner or an authorized
80	80	representative of the commissioner to any employee at a dealer's
81	81	station or retail outlet or mailed to the principal place of
82	82	business of a dealer, distributor, supplier, wholesaler, or jobber,
83	83	the dealer, distributor, supplier, wholesaler, or jobber shall
84	84	provide the commissioner or authorized representative of the
85	85	commissioner with the documents described by this section within
86	86	the period specified in the notice.
87	87	(d) The commissioner by rule may:
88	88	(1) require each dealer, distributor, supplier,
89	89	wholesaler, and jobber to maintain and make available to the
90	90	department:
91	91	(A) invoices, receipts, or other transmittal
92	92	documents or records, including electronically stored information,
93	93	showing or describing the purchase, sale, delivery, or distribution
94	94	of motor fuel;
95	95	(B) invoices, receipts, work orders, reports, or
96	96	other documents, including electronically stored information,
97	97	showing or describing the installation, maintenance, or repair of:
98	98	(i) motor fuel dispensing devices; and
99	99	(ii) any equipment used in connection with
100	100	motor fuel dispensing devices to record, display, or produce
101	101	receipts or audit trails concerning the purchase, sale, delivery,
102	102	or distribution of motor fuel; and
103	103	(C) any record or other document related to the
104	104	sampling and testing of motor fuel purchased, sold, delivered, or
105	105	distributed by the dealer, distributor, supplier, wholesaler, or
106	106	jobber; and
107	107	(2) prescribe:
108	108	(A) [(1)] the manner of filing documents or
109	109	records required to be kept under this section or by department
110	110	rule; and
111	111	(B) [(2)] the time, place, and manner of
112	112	inspection of the documents or records.
113	113	SECTION 4. Section 17.054, Agriculture Code, is amended by
114	114	amending Subsection (c) and adding Subsection (d) to read as
115	115	follows:
116	116	(c) The commissioner or an authorized representative of the
117	117	commissioner may inspect a document required to be kept under this
118	118	section. On written notice presented by the commissioner or an
119	119	authorized representative of the commissioner to any employee at a
120	120	dealer's station or retail outlet or mailed to the dealer's
121	121	principal place of business, the dealer shall provide the
122	122	commissioner or authorized representative of the commissioner with
123	123	the documents described by this section within the period specified
124	124	in the notice.
125	125	(d) The commissioner by rule may:
126	126	(1) require each dealer to maintain and make available
127	127	to the department:
128	128	(A) invoices, receipts, or other transmittal
129	129	documents or records, including electronically stored information,
130	130	showing or describing the purchase, sale, delivery, or distribution
131	131	of motor fuel;
132	132	(B) invoices, receipts, work orders, reports, or
133	133	other documents, including electronically stored information,
134	134	showing or describing the installation, maintenance, or repair of:
135	135	(i) motor fuel dispensing devices; and
136	136	(ii) any equipment used in connection with
137	137	motor fuel dispensing devices to record, display, or produce
138	138	receipts or audit trails concerning the purchase, sale, delivery,
139	139	or distribution of motor fuel; and
140	140	(C) any record or other document related to the
141	141	sampling and testing of motor fuel purchased, sold, delivered, or
142	142	distributed by the dealer; and
143	143	(2) prescribe:
144	144	(A) the manner of filing documents or records
145	145	required to be kept under this section or by department rule; and
146	146	(B) the time, place, and manner of inspection of
147	147	the documents or records.
148	148	SECTION 5. Section 17.071, Agriculture Code, is amended to
149	149	read as follows:
150	150	Sec. 17.071. MINIMUM MOTOR FUEL QUALITY AND TESTING
151	151	STANDARDS. (a) The department by rule shall adopt minimum motor
152	152	fuel quality and testing standards for motor fuel that is sold or
153	153	offered for sale in this state. The standards must comply with the
154	154	nationally recognized minimum standards established by:
155	155	(1) the American Society for Testing and Materials[,
156	156	as those standards existed on September 1, 2009], for motor fuels
157	157	other than motor fuels blended with ethanol; and
158	158	(2) the National Institute of Standards and
159	159	Technology, [as those standards existed on September 1, 2009, other
160	160	than the standard vapor to liquid ratio specification] for motor
161	161	fuels blended with ethanol.
162	162	(b) The department may adopt rules as necessary to bring
163	163	about uniformity between the standards established under this
164	164	subchapter and the nationally recognized standards described by
165	165	Subsection (a).
166	166	SECTION 6. Section 17.073, Agriculture Code, is amended to
167	167	read as follows:
168	168	Sec. 17.073. STOP-SALE ORDER; SHUTDOWN OF DISPENSING
169	169	DEVICES. (a) If the department has reason to believe that motor
170	170	fuel is in violation of this chapter or a rule adopted under this
171	171	chapter, or that the motor fuel is being sold or offered for sale in
172	172	a manner that violates this chapter or a rule adopted under this
173	173	chapter, the department may:
174	174	(1) issue and enforce a written order to stop the sale
175	175	of the motor fuel;
176	176	(2) place on a device used to dispense the motor fuel a
177	177	tag or other mark with the words "Out of Order"; or
178	178	(3) stop the sale of the motor fuel and mark a device
179	179	used to dispense the motor fuel as out of order.
180	180	(b) The department shall present an [the] order issued under
181	181	this section to the dealer, distributor, jobber, supplier, or
182	182	wholesaler who is in control of the motor fuel at the time the motor
183	183	fuel or the dealer, distributor, jobber, supplier, or wholesaler of
184	184	the motor fuel is inspected by the commissioner [is tested]. The
185	185	person who receives the order may not sell [the] motor fuel subject
186	186	to a stop-sale order or use a device on which the department has
187	187	placed a tag or other mark under Subsection (a)(2) or (3) until the
188	188	department determines that the motor fuel or device is in
189	189	compliance with this chapter and department rules.
190	190	SECTION 7. Section 17.155(a), Agriculture Code, is amended
191	191	to read as follows:
192	192	(a) The department may impose an administrative penalty
193	193	against a person regulated under this chapter who violates this
194	194	chapter or a rule or order adopted under this chapter. An [Except
195	195	as otherwise provided by this section, an] administrative penalty
196	196	is imposed and collected in the manner provided by Section 12.020.
197	197	SECTION 8. Sections 17.051(c) and (d) and 17.155(b), (c),
198	198	(d), (e), (f), (g), (h), and (i), Agriculture Code, are repealed.
199	199	SECTION 9. The changes in law made by this Act apply only to
200	200	an offense or other violation under Chapter 17, Agriculture Code,
201	201	committed on or after the effective date of this Act. An offense or
202	202	other violation committed before the effective date of this Act is
203	203	governed by the law in effect when the offense or violation was
204	204	committed, and the former law is continued in effect for that
205	205	purpose. For purposes of this section, an offense or other
206	206	violation was committed before the effective date of this Act if any
207	207	element of the offense or violation was committed before that date.
208	208	SECTION 10. This Act takes effect September 1, 2011.
209	209
210	210	Provision Amount of Penalty
211	211
212	212	[Chapter 41 not more than $5,000]
213	213
214	214	Chapters 13, 14A, 17, 18, 19, 41, 46, 61, 94, 95, 101, 102, 103, 121, 125, 132,
215	215
216	216	Chapters 13, 14A, 18, 46, 61, 72, 73, 74, 76, 94, 95, 101, 102, 103, 121, 125, 132,
217	217
218	218	Chapters 13, 14A, 18, 46, 61, 94, 95, 101, 102, 103, 121, 125, 132,
219	219
220	220	and 134 not more than $5,000
221	221
222	222	[Subchapter B, Chapter 71
223	223
224	224	[Chapter 19
225	225
226	226	[Chapter 76 not more than $5,000]
227	227
228	228	Subchapters A, B, and C, Chapter 71
229	229
230	230	[Chapters 72, 73, and 74] not more than $5,000
231	231
232	232	Chapter 14 not more than $10,000
233	233
234	234	Chapter 1951, Occupations Code not more than $5,000
235	235
236	236	Chapter 153, Natural Resources
237	237
238	238	Code not more than $5,000.