Texas 2015 - 84th Regular

Texas House Bill HB1693 Compare Versions

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

Old	New	Differences
1	1	84R8665 BEF-D
2	2	By: Isaac H.B. No. 1693
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a prohibition on the sale of motor fuel mixed with
8	8	ethanol; imposing civil and criminal penalties.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Sections 17.051(a) and (b), Agriculture Code,
11	11	are amended to read as follows:
12	12	(a) A dealer may not sell or offer for sale motor fuel from a
13	13	motor fuel pump supplied by a storage tank into which motor fuel, in
14	14	a mixture in which at least one percent of the mixture measured by
15	15	volume is [ethanol or] methanol, has been delivered within the
16	16	60-day period preceding the date of sale or offer of sale unless the
17	17	dealer prominently displays on the pump from which the mixture is
18	18	sold a sign that complies with Subsection (b).
19	19	(b) A sign required by Subsection (a) must:
20	20	(1) be displayed on each face of the motor fuel pump on
21	21	which the price of the motor fuel mixture sold from the pump is
22	22	displayed;
23	23	(2) state ["Contains Ethanol" or] "Contains Methanol"
24	24	[Methanol," as applicable];
25	25	(3) appear in contrasting colors with block letters at
26	26	least one-half inch high and one-fourth inch wide; and
27	27	(4) be displayed in a clear, conspicuous, and
28	28	prominent manner, visible to customers using either side of the
29	29	pump.
30	30	SECTION 2. Section 17.052(a), Agriculture Code, is amended
31	31	to read as follows:
32	32	(a) Except as provided by Subsection (b), a distributor,
33	33	supplier, wholesaler, or jobber of motor fuel may not deliver to an
34	34	outlet in this state a motor fuel mixture that contains [ethanol or]
35	35	methanol exceeding one percent by volume of the mixture unless, at
36	36	the time of the delivery of the mixture, the person also delivers to
37	37	the outlet receiving the delivery a manifest, bill of sale, bill of
38	38	lading, or other document evidencing delivery of the mixture, that
39	39	includes a statement containing:
40	40	(1) the percentage of [ethanol or] methanol contained
41	41	in the mixture; and
42	42	(2) the types and percentages of any associated
43	43	cosolvents contained in the mixture.
44	44	SECTION 3. Subchapter B, Chapter 17, Agriculture Code, is
45	45	amended by adding Section 17.056 to read as follows:
46	46	Sec. 17.056. SALE OF MOTOR FUEL AND ETHANOL MIXTURE
47	47	PROHIBITED. A dealer may not sell or offer for sale motor fuel that
48	48	is mixed with ethanol.
49	49	SECTION 4. Section 17.071(a), Agriculture Code, is amended
50	50	to read as follows:
51	51	(a) The department by rule shall adopt minimum motor fuel
52	52	quality and testing standards for motor fuel that is sold or offered
53	53	for sale in this state. The standards must comply with the
54	54	nationally recognized minimum standards established by [:
55	55	[(1)] the American Society for Testing and Materials
56	56	[, for motor fuels other than motor fuels blended with ethanol; and
57	57	[(2) the National Institute of Standards and
58	58	Technology, for motor fuels blended with ethanol].
59	59	SECTION 5. Section 17.102, Agriculture Code, is amended to
60	60	read as follows:
61	61	Sec. 17.102. TESTING; RULES RELATING TO TESTING FREQUENCY.
62	62	To determine compliance with the standards and enforce rules
63	63	adopted under Sections 17.051, 17.052, 17.053, 17.055, 17.056, and
64	64	17.103, the commissioner or an authorized representative of the
65	65	commissioner may test any motor fuel sold in this state, regardless
66	66	of the existence of a complaint about the fuel. This section does
67	67	not prohibit the commissioner from adopting rules relating to the
68	68	frequency of testing motor fuels. In adopting the rules, the
69	69	commissioner shall consider:
70	70	(1) the nature of the violation;
71	71	(2) the history of past violations; and
72	72	(3) available funds under Section 17.104(d).
73	73	SECTION 6. Section 17.104(a), Agriculture Code, is amended
74	74	to read as follows:
75	75	(a) The commissioner may adopt rules consistent with this
76	76	chapter for the regulation of the sale of motor fuels, including
77	77	motor fuels that contain [ethanol and] methanol.
78	78	SECTION 7. Section 17.152(a), Agriculture Code, is amended
79	79	to read as follows:
80	80	(a) If a dealer or a distributor, supplier, wholesaler, or
81	81	jobber of motor fuel violates Section 17.051, 17.052, 17.053,
82	82	17.054, [or] 17.055, or 17.056, a motor fuel user who purchased the
83	83	motor fuel and sustained damages or who has a complaint about the
84	84	product may bring an action against the dealer, distributor,
85	85	supplier, wholesaler, or jobber.
86	86	SECTION 8. Section 17.153, Agriculture Code, is amended to
87	87	read as follows:
88	88	Sec. 17.153. CIVIL PENALTY. A dealer, distributor,
89	89	supplier, wholesaler, or jobber who violates Section 17.051,
90	90	17.052, 17.053, 17.054, [or] 17.055, or 17.056 is liable to this
91	91	state for a civil penalty of not less than $200 and not more than
92	92	$10,000.
93	93	SECTION 9. Section 17.154(a), Agriculture Code, is amended
94	94	to read as follows:
95	95	(a) A person commits an offense if the person knowingly
96	96	violates Section 17.051, 17.052, 17.053, 17.054, [or] 17.055, or
97	97	17.056 or a rule adopted by the commissioner to enforce or implement
98	98	those sections.
99	99	SECTION 10. This Act takes effect September 1, 2015.