84R8665 BEF-D
By: Isaac H.B. No. 1693
A BILL TO BE ENTITLED
AN ACT
relating to a prohibition on the sale of motor fuel mixed with
ethanol; imposing civil and criminal penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 17.051(a) and (b), Agriculture Code,
are amended to read as follows:
(a) A dealer may not sell or offer for sale motor fuel from a
motor fuel pump supplied by a storage tank into which motor fuel, in
a mixture in which at least one percent of the mixture measured by
volume is [ethanol or] methanol, has been delivered within the
60-day period preceding the date of sale or offer of sale unless the
dealer prominently displays on the pump from which the mixture is
sold a sign that complies with Subsection (b).
(b) A sign required by Subsection (a) must:
(1) be displayed on each face of the motor fuel pump on
which the price of the motor fuel mixture sold from the pump is
displayed;
(2) state ["Contains Ethanol" or] "Contains Methanol"
[Methanol," as applicable];
(3) appear in contrasting colors with block letters at
least one-half inch high and one-fourth inch wide; and
(4) be displayed in a clear, conspicuous, and
prominent manner, visible to customers using either side of the
pump.
SECTION 2. Section 17.052(a), Agriculture Code, is amended
to read as follows:
(a) Except as provided by Subsection (b), a distributor,
supplier, wholesaler, or jobber of motor fuel may not deliver to an
outlet in this state a motor fuel mixture that contains [ethanol or]
methanol exceeding one percent by volume of the mixture unless, at
the time of the delivery of the mixture, the person also delivers to
the outlet receiving the delivery a manifest, bill of sale, bill of
lading, or other document evidencing delivery of the mixture, that
includes a statement containing:
(1) the percentage of [ethanol or] methanol contained
in the mixture; and
(2) the types and percentages of any associated
cosolvents contained in the mixture.
SECTION 3. Subchapter B, Chapter 17, Agriculture Code, is
amended by adding Section 17.056 to read as follows:
Sec. 17.056. SALE OF MOTOR FUEL AND ETHANOL MIXTURE
PROHIBITED. A dealer may not sell or offer for sale motor fuel that
is mixed with ethanol.
SECTION 4. Section 17.071(a), Agriculture Code, is amended
to read as follows:
(a) The department by rule shall adopt minimum motor fuel
quality and testing standards for motor fuel that is sold or offered
for sale in this state. The standards must comply with the
nationally recognized minimum standards established by [:
[(1)] the American Society for Testing and Materials
[, for motor fuels other than motor fuels blended with ethanol; and
[(2) the National Institute of Standards and
Technology, for motor fuels blended with ethanol].
SECTION 5. Section 17.102, Agriculture Code, is amended to
read as follows:
Sec. 17.102. TESTING; RULES RELATING TO TESTING FREQUENCY.
To determine compliance with the standards and enforce rules
adopted under Sections 17.051, 17.052, 17.053, 17.055, 17.056, and
17.103, the commissioner or an authorized representative of the
commissioner may test any motor fuel sold in this state, regardless
of the existence of a complaint about the fuel. This section does
not prohibit the commissioner from adopting rules relating to the
frequency of testing motor fuels. In adopting the rules, the
commissioner shall consider:
(1) the nature of the violation;
(2) the history of past violations; and
(3) available funds under Section 17.104(d).
SECTION 6. Section 17.104(a), Agriculture Code, is amended
to read as follows:
(a) The commissioner may adopt rules consistent with this
chapter for the regulation of the sale of motor fuels, including
motor fuels that contain [ethanol and] methanol.
SECTION 7. Section 17.152(a), Agriculture Code, is amended
to read as follows:
(a) If a dealer or a distributor, supplier, wholesaler, or
jobber of motor fuel violates Section 17.051, 17.052, 17.053,
17.054, [or] 17.055, or 17.056, a motor fuel user who purchased the
motor fuel and sustained damages or who has a complaint about the
product may bring an action against the dealer, distributor,
supplier, wholesaler, or jobber.
SECTION 8. Section 17.153, Agriculture Code, is amended to
read as follows:
Sec. 17.153. CIVIL PENALTY. A dealer, distributor,
supplier, wholesaler, or jobber who violates Section 17.051,
17.052, 17.053, 17.054, [or] 17.055, or 17.056 is liable to this
state for a civil penalty of not less than $200 and not more than
$10,000.
SECTION 9. Section 17.154(a), Agriculture Code, is amended
to read as follows:
(a) A person commits an offense if the person knowingly
violates Section 17.051, 17.052, 17.053, 17.054, [or] 17.055, or
17.056 or a rule adopted by the commissioner to enforce or implement
those sections.
SECTION 10. This Act takes effect September 1, 2015.