85R6095 BEF-F
By: Darby H.B. No. 2174
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of motor fuel quality and motor fuel
metering devices.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 13.001(a), Agriculture Code, is amended
by adding Subdivision (2-a) to read as follows:
(2-a) "Motor fuel metering device" means a commercial
weighing or measuring device used for motor fuel sales with a
maximum flow rate of 20 gallons per minute or less.
SECTION 2. Section 13.002, Agriculture Code, is amended by
adding Subsection (c) to read as follows:
(c) The department shall contract with one or more license
holders under Subchapter I to perform the department's duties under
this chapter related to motor fuel metering devices. A reference in
this chapter to the commissioner or department in the context of a
contracted service means the contractor.
SECTION 3. Section 13.101, Agriculture Code, is amended by
adding Subsection (e) to read as follows:
(e) This section does not apply to a motor fuel metering
device.
SECTION 4. Section 13.1011, Agriculture Code, is amended by
adding Subsection (e) to read as follows:
(e) This section does not apply to a motor fuel metering
device.
SECTION 5. Subchapter C, Chapter 13, Agriculture Code, is
amended by adding Section 13.1015 to read as follows:
Sec. 13.1015. INSPECTION OF MOTOR FUEL METERING DEVICES.
Unless a motor fuel metering device is exempt from the application
of this section by department rule, a motor fuel metering device
shall be inspected, tested, and calibrated for correctness by a
license holder under Subchapter I at least once every two years if
the device is:
(1) kept for sale, sold, or used by a proprietor,
agent, lessee, or employee in proving the measure of motor fuel; or
(2) purchased, offered, or submitted by a proprietor,
agent, lessee, or employee for sale, hire, or award.
SECTION 6. Subchapter C, Chapter 13, Agriculture Code, is
amended by adding Section 13.1016 to read as follows:
Sec. 13.1016. REQUIRED REGISTRATION OF MOTOR FUEL METERING
DEVICES. (a) Unless a motor fuel metering device is exempt from
the application of this section by department rule, a person who
owns or operates a motor fuel metering device shall register the
device with the department before using the device for a commercial
transaction.
(b) An application for a device registration must:
(1) be submitted to the department on a form
prescribed by the department;
(2) be accompanied by any other document or form
required by the department;
(3) include the registration fee required under
Section 13.1151; and
(4) include documentation of compliance with Section
13.1015.
(c) A registration under this section is valid for one year
unless a different period is established by department rule. The
registration must be renewed at or before the end of each
registration period and the application for renewal must include
documentation of compliance with Section 13.1015.
(d) If a person fails to register or renew a registration as
required by this section, the department may not issue a
certificate to operate the motor fuel metering device. The
department shall issue the certificate when the operator submits to
the department the items required by Subsection (b).
SECTION 7. Section 13.114, Agriculture Code, is amended to
read as follows:
Sec. 13.114. TOLERANCES. The department shall establish
specifications and tolerances for commercial weighing or measuring
devices used in this state. The specifications and tolerances
shall be similar to those recommended by the National Institute of
Standards and Technology, except that the specifications and
tolerances for motor fuel metering devices shall be the same as
those recommended by the National Institute of Standards and
Technology.
SECTION 8. Subchapter A, Chapter 17, Agriculture Code, is
amended by adding Section 17.002 to read as follows:
Sec. 17.002. PERFORMANCE OF DUTIES UNDER CONTRACT. (a) The
department shall contract with one or more license holders under
Subchapter I, Chapter 13, to perform the department's duties under
this chapter, including collecting samples and conducting testing
under Section 17.072.
(b) A reference in this chapter to the commissioner or
department in the context of a contracted service means the
contractor.
SECTION 9. Sections 17.072(a) and (b), Agriculture Code,
are amended to read as follows:
(a) The department or a representative of the department may
collect samples and conduct testing at any location where motor
fuel is kept, transferred, sold, or offered for sale, to verify that
the motor fuel complies with the minimum standards required by
Section 17.071.
(b) On arriving at a facility to conduct testing under
Subsection (a), a representative of the department shall notify the
owner or manager of the facility of the representative's presence
and purpose. The department representative shall follow the most
recent applicable procedures specified by ASTM International
Standard D4057, D4177, D5842, or D5854 for the collection,
sampling, and handling of fuel to prepare for laboratory analysis.
SECTION 10. Section 17.073(a), Agriculture Code, is amended
to read as follows:
(a) If the department has laboratory results to confirm
[reason to believe] that motor fuel is in violation of this chapter
or a rule adopted under this chapter, or that the motor fuel is
being sold or offered for sale in a manner that violates this
chapter or a rule adopted under this chapter, the department may:
(1) issue and enforce a written order to stop the sale
of the motor fuel;
(2) place on a device used to dispense the motor fuel a
tag or other mark with the words "Out of Order"; or
(3) stop the sale of the motor fuel and mark a device
used to dispense the motor fuel as out of order.
SECTION 11. Section 17.151, Agriculture Code, is repealed.
SECTION 12. This Act takes effect September 1, 2017.