Texas 2011 - 82nd Regular

Texas Senate Bill SB893 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	82R22701 TRH-D
2	2	By: Whitmire S.B. No. 893
3	3	(Hardcastle)
4	4	Substitute the following for S.B. No. 893: No.
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to motor fuel quality and testing.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subsection (c), Section 12.020, Agriculture
12	12	Code, is amended to read as follows:
13	13	(c) The provisions of law subject to this section and the
14	14	applicable penalty amounts are as follows:
15	15	Provision Amount of Penalty Provision Amount of Penalty
16	16	Provision Amount of Penalty
17	17	[Chapter 41 not more than $5,000] [Chapter 41 not more than $5,000]
18	18	[Chapter 41 not more than $5,000]
19	19	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,
20	20	Chapters 13, 14A, 17, 18, 19, 41, 46, 61, 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, 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, 72, 73, 74, 76, 94, 95, 101, 102, 103, 121, 125, 132,
23	23	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,
24	24	Chapters 13, 14A, 18, 46, 61, 94, 95, 101, 102, 103, 121, 125, 132,
25	25	and 134 not more than $5,000 and 134 not more than $5,000
26	26	and 134 not more than $5,000
27	27	[Subchapter B, Chapter 71 [Subchapter B, Chapter 71
28	28	[Subchapter B, Chapter 71
29	29	[Chapter 19 [Chapter 19
30	30	[Chapter 19
31	31	[Chapter 76 not more than $5,000] [Chapter 76 not more than $5,000]
32	32	[Chapter 76 not more than $5,000]
33	33	Subchapters A, B, and C, Chapter 71 Subchapters A, B, and C, Chapter 71
34	34	Subchapters A, B, and C, Chapter 71
35	35	[Chapters 72, 73, and 74] not more than $5,000 [Chapters 72, 73, and 74] not more than $5,000
36	36	[Chapters 72, 73, and 74] not more than $5,000
37	37	Chapter 14 not more than $10,000 Chapter 14 not more than $10,000
38	38	Chapter 14 not more than $10,000
39	39	Chapter 1951, Occupations Code not more than $5,000 Chapter 1951, Occupations Code not more than $5,000
40	40	Chapter 1951, Occupations Code not more than $5,000
41	41	Chapter 153, Natural Resources Chapter 153, Natural Resources
42	42	Chapter 153, Natural Resources
43	43	Code not more than $5,000. Code not more than $5,000.
44	44	Code not more than $5,000.
45	45	SECTION 2. Subsection (a), Section 17.052, Agriculture
46	46	Code, is amended to read as follows:
47	47	(a) Except as provided by Subsection (b), a distributor,
48	48	supplier, wholesaler, or jobber of motor fuel may not deliver to an
49	49	outlet in this state a motor fuel mixture that contains ethanol or
50	50	methanol exceeding one percent by volume of the mixture unless, at
51	51	the time of the delivery of the mixture, the person also delivers to
52	52	the outlet receiving the delivery[:
53	53	[(1) signs required by Section 17.051 in a number
54	54	sufficient for the dealer receiving the mixture to comply with that
55	55	section; and
56	56	[(2)] a manifest, bill of sale, bill of lading, or
57	57	other document evidencing delivery of the mixture, that[:
58	58	[(A)] includes a statement containing:
59	59	(1) [(i)] the percentage of ethanol or methanol
60	60	contained in the mixture; and
61	61	(2) [(ii)] the types and percentages of any associated
62	62	cosolvents contained in the mixture[; and
63	63	[(B) evidences delivery of the signs required
64	64	under Subdivision (1)].
65	65	SECTION 3. Section 17.053, Agriculture Code, is amended to
66	66	read as follows:
67	67	Sec. 17.053. RECORD OF DELIVERY DOCUMENTS; INSPECTION
68	68	AUTHORIZED. (a) Each dealer shall keep a copy of each document
69	69	required to be delivered to the dealer by Section 17.052 until the
70	70	fourth [first] anniversary of the delivery date. [During the first
71	71	60 days following delivery of a fuel mixture subject to this
72	72	chapter, the dealer shall keep a copy at the station or retail
73	73	outlet where the motor fuel was delivered.]
74	74	(b) Each distributor, supplier, wholesaler, and jobber of
75	75	motor fuel shall keep [at the person's principal place of business]
76	76	a copy of each document required to be delivered to the dealer by
77	77	Section 17.052 until the fourth [first] anniversary of the delivery
78	78	date.
79	79	(c) The commissioner or an authorized representative of the
80	80	commissioner may inspect documents described by this section. On
81	81	written notice presented by the commissioner or an authorized
82	82	representative of the commissioner to any employee at a dealer's
83	83	station or retail outlet or mailed to the principal place of
84	84	business of a dealer, distributor, supplier, wholesaler, or jobber,
85	85	the dealer, distributor, supplier, wholesaler, or jobber shall
86	86	provide the commissioner or authorized representative of the
87	87	commissioner with the documents described by this section within
88	88	the period specified in the notice.
89	89	(d) The commissioner by rule may:
90	90	(1) require each dealer, distributor, supplier,
91	91	wholesaler, and jobber to maintain and make available to the
92	92	department:
93	93	(A) invoices, receipts, or other transmittal
94	94	documents or records, including electronically stored information,
95	95	showing or describing the purchase, sale, delivery, or distribution
96	96	of motor fuel;
97	97	(B) invoices, receipts, work orders, reports, or
98	98	other documents, including electronically stored information,
99	99	showing or describing the installation, maintenance, or repair of:
100	100	(i) motor fuel dispensing devices; and
101	101	(ii) any equipment used in connection with
102	102	motor fuel dispensing devices to record, display, or produce
103	103	receipts or audit trails concerning the purchase, sale, delivery,
104	104	or distribution of motor fuel; and
105	105	(C) any record or other document related to the
106	106	sampling and testing of motor fuel purchased, sold, delivered, or
107	107	distributed by the dealer, distributor, supplier, wholesaler, or
108	108	jobber; and
109	109	(2) prescribe:
110	110	(A) [(1)] the manner of filing documents or
111	111	records required to be kept under this section or by department
112	112	rule; and
113	113	(B) [(2)] the time, place, and manner of
114	114	inspection of the documents or records.
115	115	SECTION 4. Section 17.054, Agriculture Code, is amended by
116	116	amending Subsection (c) and adding Subsection (d) to read as
117	117	follows:
118	118	(c) The commissioner or an authorized representative of the
119	119	commissioner may inspect a document required to be kept under this
120	120	section. On written notice presented by the commissioner or an
121	121	authorized representative of the commissioner to any employee at a
122	122	dealer's station or retail outlet or mailed to the dealer's
123	123	principal place of business, the dealer shall provide the
124	124	commissioner or authorized representative of the commissioner with
125	125	the documents described by this section within the period specified
126	126	in the notice.
127	127	(d) The commissioner by rule may:
128	128	(1) require each dealer to maintain and make available
129	129	to the department:
130	130	(A) invoices, receipts, or other transmittal
131	131	documents or records, including electronically stored information,
132	132	showing or describing the purchase, sale, delivery, or distribution
133	133	of motor fuel;
134	134	(B) invoices, receipts, work orders, reports, or
135	135	other documents, including electronically stored information,
136	136	showing or describing the installation, maintenance, or repair of:
137	137	(i) motor fuel dispensing devices; and
138	138	(ii) any equipment used in connection with
139	139	motor fuel dispensing devices to record, display, or produce
140	140	receipts or audit trails concerning the purchase, sale, delivery,
141	141	or distribution of motor fuel; and
142	142	(C) any record or other document related to the
143	143	sampling and testing of motor fuel purchased, sold, delivered, or
144	144	distributed by the dealer; and
145	145	(2) prescribe:
146	146	(A) the manner of filing documents or records
147	147	required to be kept under this section or by department rule; and
148	148	(B) the time, place, and manner of inspection of
149	149	the documents or records.
150	150	SECTION 5. Section 17.071, Agriculture Code, is amended to
151	151	read as follows:
152	152	Sec. 17.071. MINIMUM MOTOR FUEL QUALITY AND TESTING
153	153	STANDARDS. (a) The department by rule shall adopt minimum motor
154	154	fuel quality and testing standards for motor fuel that is sold or
155	155	offered for sale in this state. The standards must comply with the
156	156	nationally recognized minimum standards established by:
157	157	(1) the American Society for Testing and Materials[,
158	158	as those standards existed on September 1, 2009], for motor fuels
159	159	other than motor fuels blended with ethanol; and
160	160	(2) the National Institute of Standards and
161	161	Technology, [as those standards existed on September 1, 2009, other
162	162	than the standard vapor to liquid ratio specification] for motor
163	163	fuels blended with ethanol.
164	164	(b) The department may adopt rules as necessary to bring
165	165	about uniformity between the standards established under this
166	166	subchapter and the nationally recognized standards described by
167	167	Subsection (a).
168	168	SECTION 6. Section 17.073, Agriculture Code, is amended to
169	169	read as follows:
170	170	Sec. 17.073. STOP-SALE ORDER; SHUTDOWN OF DISPENSING
171	171	DEVICES. (a) If the department has reason to believe that motor
172	172	fuel is in violation of this chapter or a rule adopted under this
173	173	chapter, or that the motor fuel is being sold or offered for sale in
174	174	a manner that violates this chapter or a rule adopted under this
175	175	chapter, the department may:
176	176	(1) issue and enforce a written order to stop the sale
177	177	of the motor fuel;
178	178	(2) place on a device used to dispense the motor fuel a
179	179	tag or other mark with the words "Out of Order"; or
180	180	(3) stop the sale of the motor fuel and mark a device
181	181	used to dispense the motor fuel as out of order.
182	182	(b) The department shall present an [the] order issued under
183	183	this section to the dealer, distributor, jobber, supplier, or
184	184	wholesaler who is in control of the motor fuel at the time the motor
185	185	fuel or the dealer, distributor, jobber, supplier, or wholesaler of
186	186	the motor fuel is inspected by the commissioner [is tested]. The
187	187	person who receives the order may not sell [the] motor fuel subject
188	188	to a stop-sale order or use a device on which the department has
189	189	placed a tag or other mark under Subsection (a)(2) or (3) until the
190	190	department determines that the motor fuel or device is in
191	191	compliance with this chapter and department rules.
192	192	SECTION 7. Subsection (a), Section 17.155, Agriculture
193	193	Code, is amended to read as follows:
194	194	(a) The department may impose an administrative penalty
195	195	against a person regulated under this chapter who violates this
196	196	chapter or a rule or order adopted under this chapter. An [Except
197	197	as otherwise provided by this section, an] administrative penalty
198	198	is imposed and collected in the manner provided by Section 12.020.
199	199	SECTION 8. Subsections (c) and (d), Section 17.051, and
200	200	Subsections (b), (c), (d), (e), (f), (g), (h), and (i), Section
201	201	17.155, Agriculture Code, are repealed.
202	202	SECTION 9. The changes in law made by this Act apply only to
203	203	an offense or other violation under Chapter 17, Agriculture Code,
204	204	committed on or after the effective date of this Act. An offense or
205	205	other violation committed before the effective date of this Act is
206	206	governed by the law in effect when the offense or violation was
207	207	committed, and the former law is continued in effect for that
208	208	purpose. For purposes of this section, an offense or other
209	209	violation was committed before the effective date of this Act if any
210	210	element of the offense or violation was committed before that date.
211	211	SECTION 10. This Act takes effect September 1, 2011.
212	212
213	213	Provision Amount of Penalty
214	214
215	215	[Chapter 41 not more than $5,000]
216	216
217	217	Chapters 13, 14A, 17, 18, 19, 41, 46, 61, 94, 95, 101, 102, 103, 121, 125, 132,
218	218
219	219	Chapters 13, 14A, 18, 46, 61, 72, 73, 74, 76, 94, 95, 101, 102, 103, 121, 125, 132,
220	220
221	221	Chapters 13, 14A, 18, 46, 61, 94, 95, 101, 102, 103, 121, 125, 132,
222	222
223	223	and 134 not more than $5,000
224	224
225	225	[Subchapter B, Chapter 71
226	226
227	227	[Chapter 19
228	228
229	229	[Chapter 76 not more than $5,000]
230	230
231	231	Subchapters A, B, and C, Chapter 71
232	232
233	233	[Chapters 72, 73, and 74] not more than $5,000
234	234
235	235	Chapter 14 not more than $10,000
236	236
237	237	Chapter 1951, Occupations Code not more than $5,000
238	238
239	239	Chapter 153, Natural Resources
240	240
241	241	Code not more than $5,000.