Texas 2017 - 85th Regular

Texas Senate Bill SB1744 Compare Versions

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

Old	New	Differences
1	1	85R6095 BEF-F
2	2	By: Nichols S.B. No. 1744
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the regulation of motor fuel quality and motor fuel
8	8	metering devices.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 13.001(a), Agriculture Code, is amended
11	11	by adding Subdivision (2-a) to read as follows:
12	12	(2-a) "Motor fuel metering device" means a commercial
13	13	weighing or measuring device used for motor fuel sales with a
14	14	maximum flow rate of 20 gallons per minute or less.
15	15	SECTION 2. Section 13.002, Agriculture Code, is amended by
16	16	adding Subsection (c) to read as follows:
17	17	(c) The department shall contract with one or more license
18	18	holders under Subchapter I to perform the department's duties under
19	19	this chapter related to motor fuel metering devices. A reference in
20	20	this chapter to the commissioner or department in the context of a
21	21	contracted service means the contractor.
22	22	SECTION 3. Section 13.101, Agriculture Code, is amended by
23	23	adding Subsection (e) to read as follows:
24	24	(e) This section does not apply to a motor fuel metering
25	25	device.
26	26	SECTION 4. Section 13.1011, Agriculture Code, is amended by
27	27	adding Subsection (e) to read as follows:
28	28	(e) This section does not apply to a motor fuel metering
29	29	device.
30	30	SECTION 5. Subchapter C, Chapter 13, Agriculture Code, is
31	31	amended by adding Section 13.1015 to read as follows:
32	32	Sec. 13.1015. INSPECTION OF MOTOR FUEL METERING DEVICES.
33	33	Unless a motor fuel metering device is exempt from the application
34	34	of this section by department rule, a motor fuel metering device
35	35	shall be inspected, tested, and calibrated for correctness by a
36	36	license holder under Subchapter I at least once every two years if
37	37	the device is:
38	38	(1) kept for sale, sold, or used by a proprietor,
39	39	agent, lessee, or employee in proving the measure of motor fuel; or
40	40	(2) purchased, offered, or submitted by a proprietor,
41	41	agent, lessee, or employee for sale, hire, or award.
42	42	SECTION 6. Subchapter C, Chapter 13, Agriculture Code, is
43	43	amended by adding Section 13.1016 to read as follows:
44	44	Sec. 13.1016. REQUIRED REGISTRATION OF MOTOR FUEL METERING
45	45	DEVICES. (a) Unless a motor fuel metering device is exempt from
46	46	the application of this section by department rule, a person who
47	47	owns or operates a motor fuel metering device shall register the
48	48	device with the department before using the device for a commercial
49	49	transaction.
50	50	(b) An application for a device registration must:
51	51	(1) be submitted to the department on a form
52	52	prescribed by the department;
53	53	(2) be accompanied by any other document or form
54	54	required by the department;
55	55	(3) include the registration fee required under
56	56	Section 13.1151; and
57	57	(4) include documentation of compliance with Section
58	58	13.1015.
59	59	(c) A registration under this section is valid for one year
60	60	unless a different period is established by department rule. The
61	61	registration must be renewed at or before the end of each
62	62	registration period and the application for renewal must include
63	63	documentation of compliance with Section 13.1015.
64	64	(d) If a person fails to register or renew a registration as
65	65	required by this section, the department may not issue a
66	66	certificate to operate the motor fuel metering device. The
67	67	department shall issue the certificate when the operator submits to
68	68	the department the items required by Subsection (b).
69	69	SECTION 7. Section 13.114, Agriculture Code, is amended to
70	70	read as follows:
71	71	Sec. 13.114. TOLERANCES. The department shall establish
72	72	specifications and tolerances for commercial weighing or measuring
73	73	devices used in this state. The specifications and tolerances
74	74	shall be similar to those recommended by the National Institute of
75	75	Standards and Technology, except that the specifications and
76	76	tolerances for motor fuel metering devices shall be the same as
77	77	those recommended by the National Institute of Standards and
78	78	Technology.
79	79	SECTION 8. Subchapter A, Chapter 17, Agriculture Code, is
80	80	amended by adding Section 17.002 to read as follows:
81	81	Sec. 17.002. PERFORMANCE OF DUTIES UNDER CONTRACT. (a) The
82	82	department shall contract with one or more license holders under
83	83	Subchapter I, Chapter 13, to perform the department's duties under
84	84	this chapter, including collecting samples and conducting testing
85	85	under Section 17.072.
86	86	(b) A reference in this chapter to the commissioner or
87	87	department in the context of a contracted service means the
88	88	contractor.
89	89	SECTION 9. Sections 17.072(a) and (b), Agriculture Code,
90	90	are amended to read as follows:
91	91	(a) The department or a representative of the department may
92	92	collect samples and conduct testing at any location where motor
93	93	fuel is kept, transferred, sold, or offered for sale, to verify that
94	94	the motor fuel complies with the minimum standards required by
95	95	Section 17.071.
96	96	(b) On arriving at a facility to conduct testing under
97	97	Subsection (a), a representative of the department shall notify the
98	98	owner or manager of the facility of the representative's presence
99	99	and purpose. The department representative shall follow the most
100	100	recent applicable procedures specified by ASTM International
101	101	Standard D4057, D4177, D5842, or D5854 for the collection,
102	102	sampling, and handling of fuel to prepare for laboratory analysis.
103	103	SECTION 10. Section 17.073(a), Agriculture Code, is amended
104	104	to read as follows:
105	105	(a) If the department has laboratory results to confirm
106	106	[reason to believe] that motor fuel is in violation of this chapter
107	107	or a rule adopted under this chapter, or that the motor fuel is
108	108	being sold or offered for sale in a manner that violates this
109	109	chapter or a rule adopted under this chapter, the department may:
110	110	(1) issue and enforce a written order to stop the sale
111	111	of the motor fuel;
112	112	(2) place on a device used to dispense the motor fuel a
113	113	tag or other mark with the words "Out of Order"; or
114	114	(3) stop the sale of the motor fuel and mark a device
115	115	used to dispense the motor fuel as out of order.
116	116	SECTION 11. Section 17.151, Agriculture Code, is repealed.
117	117	SECTION 12. This Act takes effect September 1, 2017.