| 1 | 1 | | 84R7942 BEF-D |
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| 2 | 2 | | By: Capriglione H.B. No. 1696 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the sale or delivery of motor fuel. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. The heading to Section 17.051, Agriculture Code, |
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| 10 | 10 | | is amended to read as follows: |
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| 11 | 11 | | Sec. 17.051. NOTICE OF MOTOR FUEL TAXES AND SALE OF ALCOHOL |
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| 12 | 12 | | AND FUEL MIXTURE. |
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| 13 | 13 | | SECTION 2. Section 17.051, Agriculture Code, is amended by |
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| 14 | 14 | | amending Subsections (a) and (b) and adding Subsection (a-1) to |
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| 15 | 15 | | read as follows: |
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| 16 | 16 | | (a) A dealer may not sell or offer for sale motor fuel from a |
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| 17 | 17 | | motor fuel pump unless the dealer prominently displays on the pump a |
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| 18 | 18 | | sign that complies with Subsection (b). |
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| 19 | 19 | | (a-1) The dealer shall include on the sign the information |
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| 20 | 20 | | required by Subsection (b)(2)(A) if the motor fuel pump is supplied |
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| 21 | 21 | | by a storage tank into which motor fuel, in a mixture in which at |
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| 22 | 22 | | least one percent of the mixture measured by volume is ethanol or |
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| 23 | 23 | | methanol, has been delivered within the 60-day period preceding the |
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| 24 | 24 | | date of sale or offer of sale [unless the dealer prominently |
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| 25 | 25 | | displays on the pump from which the mixture is sold a sign that |
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| 26 | 26 | | complies with Subsection (b)]. |
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| 27 | 27 | | (b) A sign required by Subsection (a) must: |
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| 28 | 28 | | (1) be displayed on each face of the motor fuel pump on |
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| 29 | 29 | | which the price of the motor fuel [mixture] sold from the pump is |
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| 30 | 30 | | displayed; |
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| 31 | 31 | | (2) state: |
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| 32 | 32 | | (A) "Contains Ethanol" or "Contains Methanol," |
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| 33 | 33 | | as applicable; |
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| 34 | 34 | | (B) the federal motor fuel tax imposed on the |
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| 35 | 35 | | motor fuel; and |
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| 36 | 36 | | (C) the state motor fuel tax imposed on the motor |
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| 37 | 37 | | fuel; |
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| 38 | 38 | | (3) appear in contrasting colors with block letters at |
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| 39 | 39 | | least one-half inch high and one-fourth inch wide; and |
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| 40 | 40 | | (4) be displayed in a clear, conspicuous, and |
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| 41 | 41 | | prominent manner, visible to customers using either side of the |
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| 42 | 42 | | pump. |
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| 43 | 43 | | SECTION 3. Section 17.153, Agriculture Code, is amended to |
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| 44 | 44 | | read as follows: |
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| 45 | 45 | | Sec. 17.153. CIVIL PENALTY. (a) A dealer, distributor, |
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| 46 | 46 | | supplier, wholesaler, or jobber who violates Section 17.051, |
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| 47 | 47 | | 17.052, 17.053, 17.054, or 17.055 is liable to this state for a |
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| 48 | 48 | | civil penalty of not less than $200 and not more than $10,000. |
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| 49 | 49 | | (b) The amount of a penalty collected under this section may |
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| 50 | 50 | | be appropriated only to the department to administer and enforce |
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| 51 | 51 | | this chapter. |
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| 52 | 52 | | SECTION 4. This Act takes effect September 1, 2016. |
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