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Texas House Bill HB1695

Texas 2019 - 86th Regular

Texas House Bill HB1695 Compare Versions

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1-86R22823 BEF-F
21 By: Goldman H.B. No. 1695
3- Substitute the following for H.B. No. 1695:
4- By: Larson C.S.H.B. No. 1695
52
63
74 A BILL TO BE ENTITLED
85 AN ACT
96 relating to the transfer of the regulation of motor fuel metering
10- and motor fuel quality from the Department of Agriculture to the
11- Texas Department of Licensing and Regulation; providing civil and
12- administrative penalties; creating criminal offenses; requiring
13- occupational licenses; authorizing fees.
7+ and motor fuel quality from the Texas Department of Agriculture to
8+ the Texas Department of Licensing and Regulation.
149 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1510 SECTION 1. Subtitle A, Title 14, Occupations Code, is
1611 amended by adding Chapter 2310 to read as follows:
17- CHAPTER 2310. MOTOR FUEL METERING AND QUALITY
12+ CHAPTER 2310. MOTOR FUEL AND METERING AND QUALITY
1813 SUBCHAPTER A. GENERAL PROVISIONS
1914 Sec. 2310.001. DEFINITIONS. (a) In this chapter:
20- (1) "Commercial weighing or measuring device" means a
15+ (1) "Commission" means the Texas Commission of
16+ Licensing and Regulation
17+ (2) "Department" means Texas Department of Licensing
18+ and Regulation
19+ (3) "Commercial weighing or measuring device" means a
2120 weighing or measuring device used in a commercial transaction.
22- (2) "Commission" means the Texas Commission of
23- Licensing and Regulation.
24- (3) "Dealer" means a person who:
21+ (4) "Dealer" means a person who:
2522 (A) is the operator of a service station or other
2623 retail outlet; and
2724 (B) delivers motor fuel into the fuel tanks of
2825 motor vehicles or motor boats.
29- (4) "Department" means the Texas Department of
30- Licensing and Regulation.
3126 (5) "Motor fuel" has the meaning assigned by Section
3227 162.001, Tax Code.
3328 (6) "Motor fuel metering device" means a commercial
3429 weighing or measuring device used for motor fuel sales.
3530 (7) "Operator" or "user" means a person in possession
3631 or control of a weighing or measuring device.
3732 (8) "Sell" includes barter or exchange.
3833 (9) "Weighing or measuring device" means a scale or a
3934 mechanical or electronic device used to dispense or deliver a motor
4035 fuel by weight, volume, flow rate, or other measure or to compute
41- the charge for a service related to motor fuel.
36+ the charge for a service.
4237 (10) "Weight or measure of a motor fuel" means the
4338 weight or measure of a motor fuel as determined by a weighing or
4439 measuring device.
4540 (b) A reference to the weight of a motor fuel in this chapter
4641 is a reference to the net weight of the motor fuel.
4742 Sec. 2310.002. ENFORCEMENT OF CHAPTER. (a)
4843 Notwithstanding any other law, the department shall enforce the
4944 provisions of this chapter and shall supervise all motor fuel
5045 metering devices sold or offered for sale in this state. The
5146 department may purchase apparatus as necessary for the
5247 administration of this chapter.
53- (b) To the extent this chapter conflicts with Chapter 13,
54- Agriculture Code, with regard to motor fuel metering devices, this
55- chapter controls.
48+ (b) To the extent that this chapter conflicts with Chapter
49+ 13, Agriculture Code, with regard to motor fuel metering devices,
50+ this chapter controls.
5651 (c) The department may contract with one or more license
57- holders under Subchapter D of this chapter or Subchapter I, Chapter
58- 13, Agriculture Code, to perform the department's duties under this
59- chapter related to motor fuel metering devices. A reference in this
60- chapter to the commission or department in the context of a
61- contracted service means the contractor.
52+ holders under Subchapter D or Subchapter I, Chapter 13, Agriculture
53+ Code, to perform the department's duties under this chapter related
54+ to motor fuel metering devices. A reference in this chapter to the
55+ commission or department in the context of a contracted service
56+ means the contractor.
6257 Sec. 2310.003. CIVIL PENALTY; INJUNCTION. (a) A person who
6358 violates Subchapter B or C or a rule adopted under Subchapter B or C
6459 is liable to the state for a civil penalty not to exceed $500 for
6560 each violation. Each day a violation continues may be considered a
6661 separate violation for purposes of a civil penalty assessment.
6762 (b) On request of the department, the attorney general or
6863 the county attorney or district attorney of the county in which the
6964 violation is alleged to have occurred shall file suit to collect the
7065 penalty.
7166 (c) A civil penalty collected under this section shall be
7267 deposited in the state treasury to the credit of the general revenue
73- fund. A civil penalty recovered in a suit first instituted by one
74- or more local governments under this section shall be equally
75- divided between this state and each local government that first
76- instituted the suit, with 50 percent of the recovery deposited to
77- the credit of the general revenue fund and the other 50 percent
78- distributed equally to each local government.
68+ fund. All civil penalties recovered in suits first instituted by a
69+ local government or governments under this section shall be equally
70+ divided between the State of Texas and the local government or
71+ governments with 50 percent of the recovery to be paid to the
72+ general revenue fund and the other 50 percent equally to the local
73+ government or governments first instituting the suit.
7974 (d) The department is entitled to appropriate injunctive
8075 relief to prevent or abate a violation of this chapter or a rule
8176 adopted under this chapter. On request of the department, the
8277 attorney general or the county or district attorney of the county in
8378 which the alleged violation is threatened or is occurring shall
8479 file suit for the injunctive relief. Venue is in the county in
8580 which the alleged violation is threatened or is occurring.
8681 (e) The department and the attorney general may each recover
8782 reasonable expenses incurred in obtaining injunctive relief and
8883 civil penalties under this section, including investigative costs,
8984 court costs, reasonable attorney's fees, witness fees, and
9085 deposition expenses. The expenses recovered by the department may
9186 be appropriated only to the department for the administration and
9287 enforcement of this chapter. The expenses recovered by the
9388 attorney general may be appropriated only to the attorney general.
9489 SUBCHAPTER B. STANDARD WEIGHTS AND MEASURES FOR MOTOR FUEL
90+ METERING DEVICES
9591 Sec. 2310.051. LEGAL STANDARDS. (a) The legal standard for
96- the weight or measure of a motor fuel in this state is the standard
92+ the weight or measure of motor fuel in this state is the standard
9793 weight or measure adopted and used by the government of the United
9894 States for that motor fuel. If the United States does not provide a
99- standard weight or measure for a motor fuel, the standard for the
100- motor fuel is that established by this subchapter.
95+ standard weight or measure for motor fuel, the standard for motor
96+ fuel is that established by this subchapter.
10197 (b) The commission may adopt rules for the purpose of
10298 administering this subchapter and bringing about uniformity
10399 between the standards established under this subchapter and the
104100 standards established by federal law.
105101 (c) Except as otherwise provided by an express contract, a
106- contract for work or sales by weight or measure of a motor fuel
107- shall be construed in accordance with the standards of this
108- subchapter.
102+ contract for work or sales by weight or measure of motor fuel shall
103+ be construed in accordance with the standards of this subchapter.
109104 (d) The standards of this subchapter shall be the guide for
110105 making any adjustment of weighing or measuring devices under the
111106 law of this state.
112- Sec. 2310.052. STANDARD FOR LIQUID MOTOR FUEL. (a) This
113- section does not apply to compressed natural gas or liquefied
114- natural gas.
115- (b) The standard unit of measure of capacity for liquid
116- motor fuels is the gallon.
117- (c) Except as provided by Subsections (d) and (e), all other
118- measures of capacity for liquid motor fuels are derived from the
119- gallon by continual division by two, making half gallons, quarts,
120- pints, half pints, and gills.
121- (d) A mechanism or machine that is adapted to measure and
122- deliver liquid motor fuels by volume and that indicates fractional
123- parts of a gallon shall indicate the fractional parts either in
124- terms of binary submultiple subdivisions or in terms of tenths of a
125- gallon.
126- (e) For purposes of the retail sale of motor fuel only, the
107+ Sec. 2310.052. STANDARD FOR LIQUID CAPACITY. (a) The
108+ standard unit of measure of capacity for liquids is the gallon.
109+ (b) Except as provided by Subsections (c) and (d), all other
110+ measures of capacity for liquids are derived from the gallon by
111+ continual division by two, making half gallons, quarts, pints, half
112+ pints, and gills.
113+ (c) A mechanism or machine that is adapted to measure and
114+ deliver liquid by volume and that indicates fractional parts of a
115+ gallon shall indicate the fractional parts either in terms of
116+ binary submultiple subdivisions or in terms of tenths of a gallon.
117+ (d) For purposes of the retail sale of motor fuel only, the
127118 liquid gallon contains 231 cubic inches without adjustment based on
128119 the temperature of the liquid.
129- Sec. 2310.053. EXEMPTION OF CERTAIN MOTOR FUEL METERING
130- DEVICES. (a) The commission by rule may exempt a motor fuel
131- metering device from a requirement established by this chapter if
132- the commission determines that imposing or enforcing the
133- requirement:
120+ Sec. 2310.053. EXEMPTION OF WEIGHING OR MEASURING DEVICES.
121+ (a) The commission by rule may exempt a motor fuel metering device
122+ from a requirement established by this chapter if the commission
123+ determines that imposing or enforcing the requirement:
134124 (1) is not cost-effective for the department;
135125 (2) is not feasible with current resources or
136126 standards; or
137127 (3) will not substantially benefit or protect
138128 consumers.
139129 (b) A motor fuel metering device is exempt from the
140130 requirements of this chapter if the motor fuel metering device is
141131 not used to:
142- (1) calculate the amount of motor fuel sold in a
143- commercial transaction; or
132+ (1) calculate the amount of fuel sold in a commercial
133+ transaction; or
144134 (2) compute the charge for service.
145135 Sec. 2310.054. SALE OF MOTOR FUEL BY PROPER MEASURE. (a)
146136 Except as otherwise provided by this section, motor fuel shall be
147137 sold by liquid measure.
148- (b) Compressed natural gas and liquefied natural gas shall
149- be sold by weight.
150- (c) A person violates this chapter if, in violation of this
151- section, the person sells motor fuel by other than weight or liquid
152- measure.
138+ (b) A person violates this chapter if, in violation of this
139+ section, the person sells motor fuel by other than liquid measure.
153140 Sec. 2310.055. PRICE ADVERTISEMENT; MISREPRESENTATION OF
154141 PRICE OR QUANTITY. (a) If a price sign, card, tag, poster, or other
155142 advertisement displaying the price of motor fuel includes a whole
156143 number and a fraction, the figures in the fraction shall be of
157144 proportionate size and legibility to those of the whole number.
158145 (b) A person violates this chapter if the person:
159146 (1) misrepresents the price of motor fuel sold or
160147 offered or exposed for sale; or
161148 (2) represents the price or the quantity of motor fuel
162149 sold or offered or exposed for sale in a manner intended or tending
163150 to mislead or deceive an actual or prospective customer.
164151 Sec. 2310.056. FALSE REPRESENTATION OF MOTOR FUEL QUANTITY.
165- A person violates this chapter if the person or the person's
166- representative or agent:
152+ A person violates this chapter if the person or the person's servant
153+ or agent:
167154 (1) sells or offers or exposes for sale a quantity of
168155 motor fuel that is less than the quantity the person represents; or
169- (2) as a buyer furnishing the weight or measure of a
156+ (2) as a buyer furnishing the weight or measure of
170157 motor fuel by which the amount of the motor fuel is determined,
171158 takes or attempts to take more than the quantity the person
172159 represents.
173160 Sec. 2310.057. USE OF INCORRECT MOTOR FUEL METERING DEVICE.
174161 (a) A person commits an offense if the person or the person's
175- representative or agent knowingly uses an incorrect weighing or
176- measuring device in:
162+ representative or agent knowingly uses an incorrect measuring
163+ device in:
177164 (1) buying or selling motor fuel;
178165 (2) computing a charge for services rendered on the
179- basis of weight or measure; or
180- (3) determining the weight or measure of motor fuel,
181- if a charge is made for the determination.
182- (b) For the purpose of this section, a weighing or measuring
183- device is incorrect if it:
166+ basis of measure; or
167+ (3) determining the measure of motor fuel, if a charge
168+ is made for the determination.
169+ (b) For the purpose of this section, a measuring device is
170+ incorrect if it:
184171 (1) does not conform as closely as practicable to the
185172 official standards;
186173 (2) is not accurate;
187174 (3) is of a construction that is not reasonably
188175 permanent in adjustment or does not correctly repeat its
189176 indications;
190177 (4) facilitates the perpetration of fraud; or
191178 (5) does not conform to the specifications and
192179 tolerances established by the department under Section 2310.108.
193180 Sec. 2310.058. SALE OF MOTOR FUEL IN VIOLATION OF
194181 SUBCHAPTER. A person violates this chapter if the person or the
195182 person's representative or agent sells or keeps, offers, or exposes
196183 for sale motor fuel in violation of this subchapter.
197184 Sec. 2310.059. TESTING BY DEPARTMENT. (a) The department
198- shall from time to time weigh or measure an amount of motor fuel
199- that is kept or offered for sale, sold, or in the process of
200- delivery, in order to determine:
185+ shall from time to time measure an amount of motor fuel that is kept
186+ or offered for sale, sold, or in the process of delivery, in order
187+ to determine:
201188 (1) if the motor fuel is of the amount or quantity
202189 represented; or
203190 (2) if the motor fuel is being offered for sale or sold
204191 in accordance with law.
205192 (b) If the department finds that any lot of motor fuel
206193 contains less of the motor fuel than the amount represented, the
207194 department may seize the motor fuel as evidence.
208195 (c) A person commits an offense if the person or the
209196 person's employee or agent refuses to exhibit motor fuel being sold
210197 or offered for sale at a given weight or quantity, or ordinarily
211198 sold in that manner, to the department for testing and proving as to
212199 quantity.
213200 Sec. 2310.060. STOP-SALE ORDER. (a) If the department has
214201 reason to believe that motor fuel is being sold or kept, offered, or
215202 exposed for sale in violation of this chapter or that motor fuel is
216203 being sold or offered for sale by or through the use of a motor fuel
217204 metering device that is in violation of this chapter, the
218205 department may issue and enforce a written or printed order to stop
219206 the sale of the motor fuel. The department shall present the order
220207 to the owner or custodian of the motor fuel or seller of the motor
221208 fuel. The person receiving the order may not sell the motor fuel or
222209 provide the service until discharged by a court under Subsection
223210 (b) or until the commission finds that the motor fuel or motor fuel
224211 metering device is in compliance with this chapter.
225212 (b) The owner or custodian of motor fuel or a person selling
226213 or offering for sale a service prohibited from sale by an order of
227- the department is entitled to sue in a court where the motor fuel is
228- found or the service is being sold or offered for sale for a
229- judgment as to the justification of the order and for the discharge
230- of the motor fuel in accordance with the findings of the court.
214+ the department is entitled to sue in a court of competent
215+ jurisdiction where the motor fuel is found or the service is being
216+ sold or offered for sale for a judgment as to the justification of
217+ the order and for the discharge of the motor fuel in accordance with
218+ the findings of the court.
231219 (c) This section does not limit the right of the department
232220 to proceed as authorized by other sections of this code.
233221 Sec. 2310.061. PENALTIES; DEFENSE. (a) An offense under
234222 Section 2310.057 or 2310.059 is a Class C misdemeanor.
235223 (b) It is a defense to prosecution or to the imposition of a
236- civil or administrative penalty for a violation of Section 2310.057
237- or 2310.059 that a discrepancy between the actual weight or volume
238- at the time of sale to a consumer or a discrepancy between the fill
239- of a container and the capacity of the container is due to
240- unavoidable leakage, shrinkage, evaporation, waste, or causes
241- beyond the control of the seller acting in good faith.
224+ civil or administrative penalty for a violation of Sections 2310.11
225+ or 2310.059 that a discrepancy between the actual volume at the time
226+ of sale to a consumer or a discrepancy between the fill of a
227+ container and the capacity of the container is due to unavoidable
228+ leakage, shrinkage, evaporation, waste, or causes beyond the
229+ control of the seller acting in good faith.
242230 SUBCHAPTER C. INSPECTION AND REGISTRATION OF MOTOR FUEL METERING
243231 DEVICES
244232 Sec. 2310.101. AUTHORITY TO INSPECT. (a) If the department
245233 has reason to believe that a motor fuel metering device is being
246234 used for a commercial transaction and the device is not registered
247235 with the department, the department may inspect the device and the
248236 records of the owner, operator, or user of the device that relate to
249237 use of the device to determine whether the device is in compliance
250238 with this chapter.
251239 (b) The department has reason to believe a motor fuel
252240 metering device is being used for a commercial transaction if:
253241 (1) the motor fuel metering device is found in close
254- proximity to motor fuel being sold or offered for sale by weight or
255- measure and the device appears to be under the control or in the
256- possession of the person selling the motor fuel or offering the
257- motor fuel for sale; or
242+ proximity to motor fuel being sold or offered for sale by measure
243+ and the device appears to be under the control or in the possession
244+ of the person selling the motor fuel or offering the motor fuel for
245+ sale; or
258246 (2) other available evidence is sufficient for a
259247 prudent person to believe that the motor fuel metering device is
260248 being used for a commercial transaction.
261249 Sec. 2310.105. REPAIR OR DESTRUCTION OF INCORRECT MOTOR
262250 FUEL METERING DEVICES. (a) If, in the judgment of the department,
263251 a motor fuel metering device found to be incorrect is not capable of
264252 being repaired, the department may condemn, seize, and destroy the
265253 device.
266254 (b) If, in the judgment of the department, an incorrect
267255 motor fuel metering device is capable of being repaired, the
268256 department shall place on the device a tag or other mark with the
269257 words "Out of Order." The owner or user of the motor fuel metering
270258 device may not use it until it is reinspected and released for use
271259 by the department or inspected and released for use in any other
272- manner authorized by department rule.
260+ manner authorized by commission rule.
273261 (c) The owner, operator, or user of a motor fuel metering
274262 device may not destroy, replace, or otherwise dispose of a device
275263 declared to be incorrect or condemned under this section except as
276264 provided by department rule.
277265 Sec. 2310.106. TESTS FOR STATE INSTITUTIONS. As requested
278266 by the comptroller or the governing body of a state institution, the
279267 department shall test each motor fuel metering device used by a
280268 state institution for any purpose, including a motor fuel metering
281269 device used in checking the receipt and distribution of supplies.
282- The department shall report results of the test to the chair of the
283- governing body of the institution.
270+ The department shall report results of the test to the chairman of
271+ the governing body of the institution.
284272 Sec. 2310.107. STANDARDS USED IN INSPECTION. (a) The
285273 standards of weights and measures maintained by the department and
286274 certified by the National Institute of Standards and Technology or
287275 a metrology laboratory certified by the National Institute of
288276 Standards and Technology are the state's standards by which all
289- state and local standards of weights and measures for motor fuel are
290- tried, authenticated, proved, and certified.
291- (b) The department shall maintain the primary standards for
292- motor fuel in a safe and suitable place in the offices of the
293- department. The standards may not be moved except for repairs or
294- certification. The department shall maintain the standards in good
295- order and shall submit them to the National Institute of Standards
296- and Technology or to a laboratory approved by the National
297- Institute of Standards and Technology for certification at least
298- once each 10 years.
299- (c) In addition to the standards for motor fuel kept by the
300- state, the department shall maintain a complete set of copies of the
301- original standards for use in adjusting local standards or in the
277+ state and local standards of weights and measures are tried,
278+ authenticated, proved, and certified.
279+ (b) The department shall maintain the primary standards in a
280+ safe and suitable place in the offices of the department. The
281+ standards may not be moved except for repairs or certification. The
282+ department shall maintain the standards in good order and shall
283+ submit them to the National Institute of Standards and Technology
284+ or to a laboratory approved by the National Institute of Standards
285+ and Technology for certification at least once each 10 years.
286+ (c) In addition to the standards kept by the state, the
287+ department shall maintain a complete set of copies of the original
288+ standards for use in adjusting local standards or in the
302289 performance of other official duties. The department may purchase
303290 additional sets of standards as necessary for use by a department
304291 inspector or other department personnel.
305- (d) At the request of a municipality, the department shall
306- furnish the municipality with copies of the state's standards for
307- motor fuel or test and approve other standards acquired by the
308- municipality. The municipality shall reimburse the state for the
309- actual cost of the standards furnished, plus the costs of freight
310- and certification. All standards furnished to or tested for a
311- municipality shall be true and correct and certified by the
312- department. The copies used by a municipality may be of any
313- suitable material or construction that the municipality requests,
314- subject to approval by the department.
292+ (d) At the request of a city, the department shall furnish
293+ the city with copies of the state's standards or test and approve
294+ other standards acquired by the city. The city shall reimburse the
295+ state for the actual cost of the standards furnished, plus the costs
296+ of freight and certification. All standards furnished to or tested
297+ for a city shall be true and correct and certified by the
298+ department. The copies used by a city may be of any suitable
299+ material or construction that the city requests, subject to
300+ approval by the department.
315301 (e) The department, or a metrology laboratory certified by
316302 the National Institute of Standards and Technology and approved by
317- the department, shall inspect and correct the standards for motor
318- fuel used by a department inspector, another department employee,
319- or an individual or business licensed by the department to perform
320- device maintenance activities under Subchapter D, or an individual
303+ the department, shall inspect and correct the standards used by a
304+ department inspector, other department employee, or individual or
305+ business licensed by the department to perform device maintenance
306+ activities under Subchapter D, or an individual or business
307+ licensed under Subchapter I, Chapter 13, Agriculture Code.
308+ (f) The commission may adopt rules to regulate the frequency
309+ and place of inspection and correction of the standards used by an
310+ individual or business licensed by the department to perform device
311+ maintenance activities under Subchapter D or an individual or
312+ business licensed under Subchapter I, Chapter 13, Agriculture Code.
313+ (g) The department may inspect any standard used by an
314+ individual or business licensed by the department to perform device
315+ maintenance activities described by Subchapter D or an individual
321316 or business licensed under Subchapter I, Chapter 13, Agriculture
322- Code.
323- (f) The commission may adopt rules to regulate the frequency
324- and place of inspection and correction of the standards for motor
325- fuel used by an individual or business licensed by the department to
326- perform device maintenance activities under Subchapter D or an
327- individual or business licensed under Subchapter I, Chapter 13,
328- Agriculture Code.
329- (g) The department may inspect any standard for motor fuel
330- used by an individual or business licensed by the department to
331- perform device maintenance activities described by Subchapter D or
332- an individual or business licensed under Subchapter I, Chapter 13,
333- Agriculture Code, if the department has reason to believe a
334- standard is no longer in compliance with this chapter.
317+ Code if the department has reason to believe a standard is no longer
318+ in compliance with this chapter.
335319 (h) The department shall keep a record of the inspection and
336- character of standards for motor fuel inspected under this section.
320+ character of standards inspected under this section.
337321 Sec. 2310.108. TOLERANCES. Specifications and tolerances
338322 for motor fuel metering devices shall be the same as those
339323 recommended by the National Institute of Standards and Technology.
340- Sec. 2310.109. FEES. (a) The commission by rule shall
324+ Sec. 2310.109. FEES. The commission by rule shall
341325 establish fees in amounts reasonable and necessary to cover the
342326 cost of administering this chapter.
343- (b) Notwithstanding any other law, the commission may not in
327+ (b) Notwithstanding any other law, the department may not in
344328 a state fiscal biennium increase a fee under Subsection (a) for a
345329 motor fuel metering device by an amount that exceeds 10 percent of
346330 the amount of the fee at the end of the preceding state fiscal
347- biennium.
348331 Sec. 2310.110. REFUSING TO ALLOW TEST OF MOTOR FUEL
349- METERING DEVICE. (a) A person commits an offense if the person
350- refuses to allow a motor fuel metering device under the person's
351- control or in the person's possession to be inspected, tested, or
352- examined by the department, and the inspection, test, or
353- examination is required or authorized by this chapter.
332+ METERING DEVICE.
333+ (a) A person commits an offense if the person refuses to
334+ allow a motor fuel metering device under the person's control or in
335+ the person's possession to be inspected, tested, or examined by the
336+ department, and the inspection, test, or examination is required or
337+ authorized by this chapter.
354338 (b) A person commits an offense if the person hinders or
355- obstructs in any way the department, a department inspector, or
356- other department employee in the performance of official duties.
339+ obstructs in any way the department, a department inspector or
340+ other department personnel in the performance of official duties.
357341 (c) A person commits an offense if the person removes or
358342 obliterates a tag or device placed or required by the department to
359343 be placed on a motor fuel metering device under this chapter.
360344 Sec. 2310.111. SALE OR USE OF INCORRECT MOTOR FUEL METERING
361345 DEVICE. (a) The department may condemn and prohibit the sale or
362346 distribution of any incorrect motor fuel metering device that is
363347 sold, offered for sale, or about to be sold in this state.
364348 (b) A person commits an offense if the person or the
365- person's representative or agent knowingly:
349+ person's servant or agent knowingly:
366350 (1) offers or exposes for sale, hire, or award or sells
367351 an incorrect motor fuel metering device;
368352 (2) possesses an incorrect motor fuel metering device;
369353 or
370354 (3) sells, offers for sale, uses, or possesses for the
371355 purpose of sale or use a device or instrument to be used to falsify
372- or intended to falsify a weight or measure for motor fuel.
356+ or intended to falsify a weight or measure.
373357 Sec. 2310.112. DISPOSING OF CONDEMNED MOTOR FUEL METERING
374358 DEVICE. A person commits an offense if the person or the person's
375- representative or agent disposes of a motor fuel metering device
376- condemned under Section 2310.105 or 2310.111 in a manner contrary
377- to those sections.
378- Sec. 2310.113. PENALTIES. An offense under Section
379- 2310.110, 2310.111, or 2310.112 is a Class C misdemeanor.
359+ servant or agent disposes of a motor fuel metering device condemned
360+ under Section 2310.105 or 2310.110 in a manner contrary to those
361+ sections.
362+ Sec. 2310.113. PENALTIES. An offense under each of
363+ Sections 2310.110 through 2310.112 is a Class C misdemeanor.
380364 SUBCHAPTER D. LICENSING OF MOTOR FUEL METERING DEVICE SERVICE
381365 TECHNICIANS AND MOTOR FUEL METERING DEVICE SERVICE COMPANIES
382- Sec. 2310.151. DEFINITIONS. In this subchapter:
383- (1) "Device maintenance activities" means activities
384- described by Section 2310.152.
385- (2) "License holder" means a person who holds a motor
366+ Sec. 2310.201. DEFINITIONS. In this subchapter:
367+ (1) "License holder" means a person who holds a motor
386368 fuel metering device service company license or a motor fuel
387369 metering device service technician license.
388- (3) "Service company" means a person who holds a motor
370+ (2) "Service company" means a person who holds a motor
389371 fuel metering device service company license issued by the
390372 department under this subchapter.
391- (4) "Service technician" means an individual who holds
373+ (3) "Service technician" means an individual who holds
392374 a motor fuel metering device service technician license issued by
393375 the department under this subchapter.
394- Sec. 2310.152. DEVICE MAINTENANCE ACTIVITIES. A person
376+ Sec. 2310.202. DEVICE MAINTENANCE ACTIVITIES. A person
395377 performs device maintenance activities if the person or the
396378 person's employee:
397379 (1) places a motor fuel metering device in service;
398- (2) installs, calibrates, inspects, tests, or repairs
399- a motor fuel metering device; or
380+ (2) installs, calibrates, inspects, tests or repairs a
381+ motor fuel metering device; or
400382 (3) removes an out-of-order tag, stop-sale order,
401383 security seal, lock, condemnation notice, or other form of use
402384 prohibition placed on a motor fuel metering device by the
403385 department.
404- Sec. 2310.153. POWERS AND DUTIES OF DEPARTMENT. (a) To
386+ Sec. 2310.203. POWERS AND DUTIES OF DEPARTMENT. (a) To
405387 verify compliance with licensing requirements, trade practices,
406388 department rules, and this chapter, the department may periodically
407389 or in response to a complaint or previous violation inspect an
408390 applicant's or license holder's:
409391 (1) facilities;
410392 (2) inspecting and testing equipment and procedures;
411393 (3) repair and calibration equipment, standards, and
412394 procedures;
413395 (4) transportation equipment; and
414396 (5) invoices, work orders, and other records related
415397 to device maintenance activities.
416398 (b) The department may periodically or in response to a
417399 complaint or previous violation monitor and inspect or test motor
418400 fuel metering devices that have been inspected and tested by a
419401 license holder and any standards used by the license holder during
420402 an inspection or test.
421403 (c) The commission by rule may adopt additional
422404 requirements for the issuance of a license and for the denial of an
423405 application for a license or renewal of a license. Rules adopted by
424406 the commission under this subsection must be designed to protect
425- the public health, safety, and welfare and ensure the proper
426- inspection, testing, and operation of motor fuel metering devices.
407+ the public health, safety, and welfare and the proper inspection,
408+ testing, and operation of commercial motor fuel metering devices.
427409 (d) The commission may adopt other rules necessary for the
428410 regulation of device maintenance activities, for the proper
429411 operation of motor fuel metering devices, and to protect the
430412 health, safety, and welfare of the public and license holders.
431413 (e) The department may specify the date, time, and place for
432414 any inspection authorized by this section.
433- Sec. 2310.154. EXEMPTIONS FROM LICENSE REQUIREMENTS. (a)
415+ Sec. 2310.204. EXEMPTIONS FROM LICENSE REQUIREMENTS. (a)
434416 A person is not required to hold a license issued under this
435417 subchapter if the person:
436418 (1) is a department employee who is performing device
437419 maintenance activities in the scope of the person's duties for the
438420 department;
439- (2) is the owner or operator of a motor fuel metering
440- device or an employee of the owner or operator of a motor fuel
421+ (2) is the owner or operator of a commercial weighing
422+ or measuring motor fuel metering device or an employee of the owner
423+ or operator of a commercial weighing or measuring motor fuel
441424 metering device and the person:
442- (A) completely removes the motor fuel metering
443- device from the location at which the device was installed,
444- including a device subject to an out-of-order tag, stop-sale order,
445- security seal, lock, condemnation notice, or other item placed on
446- the device by the department to prohibit use of the device; and
447- (B) notifies the department of the motor fuel
448- metering device's removal not later than the 10th day after the date
449- the device was removed in the manner provided by department rule;
425+ (A) completely removes the commercial weighing
426+ or measuring motor fuel metering device from the location at which
427+ the device was installed, including a device subject to an
428+ out-of-order tag, stop-sale order, security seal, lock,
429+ condemnation notice, or other item placed on the device by the
430+ department to prohibit use of the device; and
431+ (B) notifies the department of the device's
432+ removal not later than the 10th day after the date the device was
433+ removed in the manner provided by department rule; or
450434 (3) performs device maintenance activities only on a
451- motor fuel metering device that is:
435+ device that is:
452436 (A) exempt from the registration requirements of
453- Section 2310.103 under department rules;
437+ Section 2310.103 under commission rules;
454438 (B) exempt from the inspection requirements of
455- Section 2310.102 under department rules; and
439+ Section 2310.102 under commission rules; and
456440 (C) not required to be inspected by other
457- department rules; or
441+ commission rules; or
458442 (4) is a license holder under Subchapter I, Chapter
459443 13, Agriculture Code.
460444 (b) The department is not required to hold a license issued
461445 under this subchapter or Subchapter I, Chapter 13, Agriculture
462446 Code.
463- Sec. 2310.155. SERVICE TECHNICIAN LICENSE REQUIRED. Unless
447+ Sec. 2310.205. SERVICE TECHNICIAN LICENSE REQUIRED. Unless
464448 the individual is exempt from the licensing requirement, an
465449 individual may not perform or offer to perform device maintenance
466450 activities unless the individual holds a service technician license
467451 issued by the department under this subchapter.
468- Sec. 2310.156. SERVICE COMPANY LICENSE REQUIRED. (a)
452+ Sec. 2310.206. SERVICE COMPANY LICENSE REQUIRED. (a)
469453 Unless the person is exempt from the license requirement, a person
470454 may not employ an individual who performs or offers to perform
471455 device maintenance activities unless the person holds a service
472456 company license issued by the department under this subchapter.
473457 (b) Unless the individual is exempt from the licensing
474458 requirement, an individual may not perform or offer to perform
475459 device maintenance activities as a sole proprietor unless the
476460 individual holds a service technician license and a service company
477461 license issued by the department under this subchapter.
478- Sec. 2310.157. APPLICATION FOR LICENSE. An applicant for a
462+ Sec. 2310.207. APPLICATION FOR LICENSE. An applicant for a
479463 license under this subchapter must submit to the department:
480464 (1) an application form prescribed by the department;
481465 (2) any other information required by the department;
482466 and
483467 (3) a fee in an amount set by the department.
484- Sec. 2310.158. SERVICE TECHNICIAN LICENSE REQUIREMENTS.
468+ Sec. 2310.208. SERVICE TECHNICIAN LICENSE REQUIREMENTS.
485469 (a) The department shall issue a license to each qualified
486470 applicant who applies for a service technician license.
487- (b) The commission by rule may require an applicant for the
471+ (b) The department by rule may require an applicant for the
488472 issuance or renewal of a service technician license to meet one or
489473 more of the following requirements:
490474 (1) provide to the department proof that the applicant
491475 has completed an academic, trade, or professional course of
492476 instruction approved by the department;
493477 (2) pass a written test; or
494478 (3) pass a practical skills test.
495- Sec. 2310.159. SERVICE COMPANY LICENSE REQUIREMENTS. (a)
479+ Sec. 2310.209. SERVICE COMPANY LICENSE REQUIREMENTS. (a)
496480 The department shall issue a license to each qualified applicant
497481 who applies for a service company license.
498482 (b) An applicant for the issuance or renewal of a license
499483 under this section must:
500484 (1) submit to the department a certificate of
501485 insurance evidencing that the applicant has an insurance policy
502- that meets the requirements of Section 2310.160 effective for the
486+ that meets the requirements of Section 2310.210 effective for the
503487 period for which the license is to be issued or renewed; and
504- (2) meet any other requirements provided by department
488+ (2) meet any other requirements provided by commission
505489 rule.
506- Sec. 2310.160. INSURANCE POLICY REQUIRED FOR SERVICE
490+ Sec. 2310.210. INSURANCE POLICY REQUIRED FOR SERVICE
507491 COMPANY. A service company shall maintain at all times while the
508492 service company performs device maintenance activities a current
509493 effective operations liability insurance policy issued by an
510494 insurance company authorized to do business in this state or by a
511495 surplus lines insurer that meets the requirements of Chapter 981,
512496 Insurance Code, and rules adopted by the commissioner of insurance
513497 in an amount set by the department and based on the type of licensed
514498 activities to be performed.
515- Sec. 2310.161. TERM OF LICENSE. A license issued under this
499+ Sec. 2310.211. TERM OF LICENSE. A license issued under this
516500 subchapter is valid for one year unless a different term is
517- established by department rule.
518- Sec. 2310.162. LICENSE RENEWAL. A person licensed under
501+ established by commission rule.
502+ Sec. 2310.212. LICENSE RENEWAL. A person licensed under
519503 this subchapter must periodically renew the person's license. The
520504 license expires unless the license holder submits an application
521505 for renewal accompanied by the renewal fee set by the department or
522506 by the late fee set by the department and meets the requirements for
523507 renewal.
524- Sec. 2310.163. PRACTICE BY LICENSE HOLDER. (a) A license
508+ Sec. 2310.213. PRACTICE BY LICENSE HOLDER. (a) A license
525509 holder shall perform device maintenance activities in compliance
526- with department rules.
510+ with commission rules.
527511 (b) A license holder may use only equipment approved by the
528- department, as provided by department rules, when performing device
512+ department, as provided by commission rules, when performing device
529513 maintenance activities.
530- Sec. 2310.164. CRIMINAL PENALTY. (a) A person commits an
531- offense if the person violates Section 2310.155 or 2310.156 or
532- causes another person to violate Section 2310.155 or 2310.156.
514+ Sec. 2310.214. CRIMINAL PENALTY. (a) A person commits an
515+ offense if the person violates Section 2310.205 or 2310.206 or
516+ causes another person to violate Section 2310.205 or 2310.206.
533517 (b) An offense under Subsection (a) is a Class B
534518 misdemeanor, unless the person has been previously convicted of an
535519 offense under this section, in which case the offense is a Class A
536520 misdemeanor.
537- SUBCHAPTER E. SALE, DELIVERY, AND QUALITY OF MOTOR FUEL
538- Sec. 2310.201. NOTICE OF SALE OF ALCOHOL AND FUEL MIXTURE.
539- (a) A dealer may not sell or offer for sale motor fuel from a motor
540- fuel pump supplied by a storage tank into which motor fuel, in a
541- mixture in which at least one percent of the mixture measured by
542- volume is ethanol or methanol, has been delivered within the 60-day
543- period preceding the date of sale or offer of sale unless the dealer
544- prominently displays on the pump from which the mixture is sold a
545- sign that complies with Subsection (b).
546- (b) A sign required by Subsection (a) must:
547- (1) be displayed on each face of the motor fuel pump on
548- which the price of the motor fuel mixture sold from the pump is
549- displayed;
550- (2) state "Contains Ethanol" or "Contains Methanol,"
551- as applicable;
552- (3) appear in contrasting colors with block letters at
553- least one-half inch high and one-fourth inch wide; and
554- (4) be displayed in a clear, conspicuous, and
555- prominent manner, visible to customers using either side of the
556- pump.
557- (c) This section does not prohibit the posting of any other
558- alcohol or additive information. Other alcohol or additive
559- information and any relevant posting are subject to regulation by
560- the department.
561- Sec. 2310.202. MINIMUM MOTOR FUEL QUALITY AND TESTING
562- STANDARDS. (a) The commission by rule shall adopt minimum motor
563- fuel quality and testing standards for motor fuel that is sold or
564- offered for sale in this state. The standards must comply with the
565- nationally recognized minimum standards established by:
566- (1) the American Society for Testing and Materials,
567- for motor fuels other than motor fuels blended with ethanol; and
568- (2) the National Institute of Standards and
569- Technology, for motor fuels blended with ethanol.
570- (b) The commission may adopt rules as necessary to bring
571- about uniformity between the standards established under this
572- subchapter and the nationally recognized standards described by
573- Subsection (a).
574- Sec. 2310.203. TESTING OF MOTOR FUEL QUALITY. (a) The
575- department or a representative of the department may collect
576- samples and conduct testing at any location where motor fuel is
577- kept, transferred, sold, or offered for sale to verify that the
578- motor fuel complies with the minimum standards required by Section
579- 2310.202.
580- (b) The collection of samples and conducting of testing at a
581- dealer's location must be performed by a license holder under
582- Subchapter D of this chapter or Subchapter I, Chapter 13,
583- Agriculture Code, under contract with the dealer. The license
584- holder is considered a representative of the department for
585- purposes of this section.
586- (c) On arriving at a facility to conduct testing under
587- Subsection (a), a representative of the department shall notify the
588- owner or manager of the facility of the representative's presence
589- and purpose. The department representative shall follow the most
590- recent applicable procedures specified by ASTM International
591- Standard D4057, D4177, D5842, or D5854 for the collection,
592- sampling, and handling of fuel to prepare for laboratory analysis.
593- (d) A person commits an offense if the person refuses to
594- allow a department representative to collect samples or conduct
595- motor fuel testing under Subsection (a).
596- (e) An offense under Subsection (d) is a Class C
597- misdemeanor.
598- Sec. 2310.204. RULES; FEES. (a) The commission may adopt
599- rules consistent with this subchapter for the regulation of the
600- sale of motor fuels, including motor fuels that contain ethanol and
601- methanol.
602- (b) The commission by rule may impose a fee for testing,
603- inspection, or the performance of other services provided as
604- determined necessary by the commission in the administration of
605- this subchapter. A fee imposed under this subsection shall be
606- collected from each dealer, distributor, and supplier, as defined
607- by Section 162.001, Tax Code, on a periodic basis determined by the
608- commission without regard to whether the motor fuel is subject to
609- regulation under this subchapter.
610- (c) The commission by rule shall prescribe the form for
611- reporting and remitting the fees imposed under this section.
612- (d) Fees collected under this section may be used only to
613- administer and enforce this subchapter.
614- Sec. 2310.205. CIVIL PENALTY. A person who sells or offers
615- for sale motor fuel in violation of this subchapter or a rule
616- adopted under this subchapter is liable to this state for a civil
617- penalty of not less than $200 and not more than $2,500.
618- Sec. 2310.206. ADMINISTRATIVE PENALTY. The commission may
619- impose an administrative penalty on a person under Subchapter F,
620- Chapter 51, if the person sells or offers for sale motor fuel in
621- violation of this subchapter or a rule adopted under this
622- subchapter.
623- SECTION 2. Sections 13.1015, 13.1016, and 13.1017,
624- Agriculture Code, are transferred to Subchapter C, Chapter 2310,
625- Occupations Code, as added by this Act, redesignated as Sections
626- 2310.102, 2310.103, and 2310.104, Occupations Code, and amended to
521+ SECTION 2. Section 13.1015, Agriculture Code, is
522+ transferred to Subchapter C, Chapter 2310, Occupations Code,
523+ redesignated as Section 2310.102, Occupations Code, and amended to
627524 read as follows:
628525 Sec. 2310.102 [13.1015]. INSPECTION OF MOTOR FUEL METERING
629- DEVICES. (a) Unless a motor fuel metering device is exempt from
630- the application of this section by department rule, a motor fuel
526+ DEVICES. Unless a motor fuel metering device is exempt from the
527+ application of this section by department rule, a motor fuel
631528 metering device shall be inspected, tested, and calibrated for
632- correctness by a license holder under Subchapter D of this chapter
633- or Subchapter I, Chapter 13, Agriculture Code, at least once every
634- two years if the device is:
529+ correctness by a license holder under Subchapter D [I] at least once
530+ every two years if:
635531 (1) kept for sale, sold, or used by a proprietor,
636- agent, lessee, or employee in proving the measure of motor fuel; or
637- (2) purchased, offered, or submitted by a proprietor,
532+ agent, lessee, or employee in proving the measure of the motor fuel;
533+ or
534+ (2) purchased, offered or submitted by a proprietor,
638535 agent, lessee, or employee for sale, hire, or award.
639536 (b) Inspection, testing, and calibration under this section
640- must be performed by a license holder under Subchapter D of this
641- chapter or Subchapter I, Chapter 13, Agriculture Code, under
537+ must be performed by a license holder under Subchapter D [I] under
642538 contract with the operator or user of the motor fuel metering
643539 device.
540+ SECTION 3. Section 13.1016, Agriculture Code, is
541+ transferred to Subchapter C, Chapter 2310, Occupations Code, as
542+ added by this act, redesignated as Section 2310.103, Occupations
543+ Code, and amended to read as follows:
644544 Sec. 2310.103 [13.1016]. REQUIRED REGISTRATION OF MOTOR
645545 FUEL METERING DEVICES. (a) Unless a motor fuel metering device is
646546 exempt from the application of this section by department rule, a
647547 person who owns or operates a motor fuel metering device shall
648548 register the device with the department before using the device for
649549 a commercial transaction.
650550 (b) An application for a device registration must:
651551 (1) be submitted to the department on a form
652552 prescribed by the department;
653553 (2) be accompanied by any other document or form
654554 required by the department;
655- (3) include any fees [the registration fee] required
656- under Section 2310.109 [13.1151]; and
555+ (3) include any fees required under Section 2310.109
556+ [13.1151]; and
657557 (4) include documentation of compliance with Section
658558 2310.102 [13.1015].
659559 (c) A registration under this section is valid for one year
660560 unless a different period is established by department rule. The
661561 registration must be renewed at or before the end of each
662562 registration period and the application for renewal must include
663563 documentation of compliance with Section 2310.102 [13.1015].
664564 (d) If a person fails to register or renew a registration as
665565 required by this section, the department may not issue a
666566 certificate to operate the motor fuel metering device. The
667567 department shall issue the certificate when the operator submits to
668568 the department the items required by Subsection (b).
669569 (e) The department may assess a late fee if the registration
670570 of one or more devices located on a premises is renewed after the
671571 end of the registration period because of a registration error,
672572 including one or more devices not properly registered, failure to
673573 register the correct type of device, or failure to timely register a
674574 previously registered device. The amount of the penalty may not
675575 exceed $50 per device, with a maximum penalty amount of $500 per
676576 year for the premises.
577+ SECTION 4. Section 13.1017, Agriculture Code, is
578+ transferred to Subchapter C, Chapter 2310, Occupations Code, as
579+ added by this act, redesignated as Section 2310.104, Occupations
580+ Code, and amended to read as follows:
677581 Sec. 2310.104 [13.1017]. COMPLAINTS REGARDING MOTOR FUEL
678582 METERING DEVICES. (a) The department shall receive complaints
679583 regarding motor fuel metering devices.
680584 (b) After receiving a complaint regarding a motor fuel
681585 metering device, the department shall determine the date the device
682586 was last inspected under Section 2310.102 [13.1015] and the number
683587 of complaints received by the department in the previous 12 months
684588 regarding motor fuel metering devices at the premises where the
685589 device subject to the complaint is located.
686590 (c) The department shall notify the person who last
687591 registered the motor fuel metering device and take no further
688592 action on the complaint if:
689593 (1) the motor fuel metering device was last inspected
690594 not more than 18 months before the date the complaint is received;
691595 and
692596 (2) the department received not more than two
693597 complaints in the previous 12 months regarding motor fuel metering
694598 devices at the premises where the device is located.
695599 (d) The department shall notify the person who last
696600 registered the motor fuel metering device and require the device to
697601 be inspected by a license holder under Section 2310.102 [13.1015]
698602 not later than one month after the notification date if:
699603 (1) the motor fuel metering device was last inspected
700604 more than 18 months before the date the complaint is received; or
701605 (2) the department received at least three complaints
702606 in the previous 12 months regarding motor fuel metering devices at
703607 the premises where the device is located.
704- SECTION 3. Section 12.020(c), Agriculture Code, is amended
705- to read as follows:
706- (c) The provisions of law subject to this section and the
707- applicable penalty amounts are as follows:
708- Provision Amount of Penalty Provision Amount of Penalty
709-Provision Amount of Penalty
710- Chapters 13, 14A, [17,] 18, 19, 41, 46, 61, 72, 73, 74, 76, 94, 95, 101, 102, 103, 125, 132, Chapters 13, 14A, [17,] 18, 19, 41, 46, 61, 72, 73, 74, 76, 94, 95, 101, 102, 103, 125, 132,
711-Chapters 13, 14A, [17,] 18, 19, 41, 46, 61, 72, 73, 74, 76, 94, 95, 101, 102, 103, 125, 132,
712- Chapters 13, 14A, [] 18, 19, 41, 46, 61, 72, 73, 74, 76, 94, 95, 101, 102, 103, 125, 132, Chapters 13, 14A, [] 18, 19, 41, 46, 61, 72, 73, 74, 76, 94, 95, 101, 102, 103, 125, 132,
713-Chapters 13, 14A, [] 18, 19, 41, 46, 61, 72, 73, 74, 76, 94, 95, 101, 102, 103, 125, 132,
714- Chapters 13, 14A, [] 18, 19, 41, 46, 61, 72, 73, 74, 76, 94, 95, 101, 102, 103, 125, 132, Chapters 13, 14A, [] 18, 19, 41, 46, 61, 72, 73, 74, 76, 94, 95, 101, 102, 103, 125, 132,
715-Chapters 13, 14A, [] 18, 19, 41, 46, 61, 72, 73, 74, 76, 94, 95, 101, 102, 103, 125, 132,
716- and 134 not more than $5,000 and 134 not more than $5,000
717-and 134 not more than $5,000
718- Subchapters A, B, and C, Chapter 71 not more than $5,000 Subchapters A, B, and C, Chapter 71 not more than $5,000
719-Subchapters A, B, and C, Chapter 71 not more than $5,000
720- Chapter 14 not more than $10,000 Chapter 14 not more than $10,000
721-Chapter 14 not more than $10,000
722- Chapter 1951, Occupations Code not more than $5,000 Chapter 1951, Occupations Code not more than $5,000
723-Chapter 1951, Occupations Code not more than $5,000
724- Chapter 153, Natural Resources Chapter 153, Natural Resources
725-Chapter 153, Natural Resources
726- Code not more than $5,000 Code not more than $5,000
727-Code not more than $5,000
728- Section 91.009 not more than $5,000. Section 91.009 not more than $5,000.
729-Section 91.009 not more than $5,000.
730- SECTION 4. Section 13.001, Agriculture Code, is amended by
731- adding Subsection (c) to read as follows:
608+ SECTION 5. Sections 17.051, 17.071, and 17.072, Agriculture
609+ Code, are transferred to Chapter 2310, Occupations Code, as added
610+ by this Act, redesignated as Subchapter F, and amended to read as
611+ follows:
612+ SUBCHAPTER F. SALE, DELIVERY, AND QUALITY OF MOTOR FEUL
613+ Sec. 2310.251 [17.051]. NOTICE OF SALE OF ALCOHOL AND FUEL
614+ MIXTURE. (a) A dealer may not sell or offer for sale motor fuel
615+ from a motor fuel pump supplied by a storage tank into which motor
616+ fuel, in a mixture in which at least one percent of the mixture
617+ measured by volume is ethanol or methanol, has been delivered
618+ within the 60-day period preceding the date of sale or offer of sale
619+ unless the dealer prominently displays on the pump from which the
620+ mixture is sold a sign that complies with Subsection (b).
621+ (b) A sign required by Subsection (a) must:
622+ (1) be displayed on each face of the motor fuel pump on
623+ which the price of the motor fuel mixture sold from the pump is
624+ displayed;
625+ (2) state "Contains Ethanol" or "Contains Methanol,"
626+ as applicable;
627+ (3) appear in contrasting colors with block letters at
628+ least one-half inch high and one-fourth inch wide; and
629+ (4) be displayed in a clear, conspicuous, and
630+ prominent manner, visible to customers using either side of the
631+ pump.
632+ (c) [(e)] This section does not prohibit the posting of any
633+ other alcohol or additive information. Other alcohol or additive
634+ information and any relevant posting are subject to regulation by
635+ the department [commissioner].
636+ Sec. 2310.252 [17.071]. MINIMUM MOTOR FUEL QUALITY AND
637+ TESTING STANDARDS. (a) The department by rule shall adopt minimum
638+ motor fuel quality and testing standards for motor fuel that is sold
639+ or offered for sale in this state. The standards must comply with
640+ the nationally recognized minimum standards established by:
641+ (1) the American Society for Testing and Materials,
642+ for motor fuels other than motor fuels blended with ethanol; and
643+ (2) the National Institute of Standards and
644+ Technology, for motor fuels blended with ethanol.
645+ (b) The department may adopt rules as necessary to bring
646+ about uniformity between the standards established under this
647+ subchapter and the nationally recognized standards described by
648+ Subsection (a).
649+ Sec. 2310.253 [17.072]. TESTING OF MOTOR FUEL QUALITY. (a)
650+ The department or a representative of the department may collect
651+ samples and conduct testing at any location where motor fuel is
652+ kept, transferred, sold, or offered for sale, to verify that the
653+ motor fuel complies with the minimum standards required by Section
654+ 2310.252 [17.071].
655+ (a-1) The collection of samples and conducting of testing at
656+ a dealer's location must be performed by a license holder under
657+ Subchapter D of this chapter or Subchapter I, Chapter 13,
658+ Agriculture Code under contract with the dealer. The license
659+ holder is considered a representative of the department for
660+ purposes of this section.
661+ (b) On arriving at a facility to conduct testing under
662+ Subsection (a), a representative of the department shall notify the
663+ owner or manager of the facility of the representative's presence
664+ and purpose. The department representative shall follow the most
665+ recent applicable procedures specified by ASTM International
666+ Standard D4057, D4177, D5842, or D5854 for the collection,
667+ sampling, and handling of fuel to prepare for laboratory analysis.
668+ (c) A person commits an offense if the person refuses to
669+ allow a department representative to collect samples or conduct
670+ motor fuel testing under Subsection (a).
671+ SECTION 6. Section 13.001, Agriculture Code, is amended by
672+ adding a new Subsection (c) to read as follows:
732673 (c) In this chapter, "commodity" does not include motor
733674 fuel.
734- SECTION 5. Section 13.024(b), Agriculture Code, is amended
735- to read as follows:
736- (b) Except as provided by Subsection [Subsections] (c) [and
737- (d)], all other measures of capacity for liquids are derived from
738- the gallon by continual division by two, making half gallons,
739- quarts, pints, half pints, and gills.
740- SECTION 6. Section 13.114, Agriculture Code, is amended to
675+ SECTION 7. Section 13.114, Agriculture Code, is amended to
741676 read as follows:
742677 Sec. 13.114. TOLERANCES. The department shall establish
743678 specifications and tolerances for commercial weighing or measuring
744679 devices used in this state. The specifications and tolerances
745680 shall be similar to those recommended by the National Institute of
746681 Standards and Technology[, except that the specifications and
747682 tolerances for motor fuel metering devices shall be the same as
748683 those recommended by the National Institute of Standards and
749684 Technology].
750- SECTION 7. Section 162.009, Tax Code, is amended to read as
685+ SECTION 8. Section 162.009, Tax Code, is amended to read as
751686 follows:
752687 Sec. 162.009. AUTHORITY TO STOP AND EXAMINE. To enforce
753688 this chapter, the comptroller or a peace officer may stop a motor
754689 vehicle that appears to be operating with or transporting motor
755690 fuel to examine the shipping document, cargo manifest, or invoices
756691 required to be carried, examine a license or copy of a license that
757692 may be required to be carried, take samples from the fuel supply or
758693 cargo tanks, and make any other investigation that could reasonably
759694 be made to determine whether the taxes have been paid or accounted
760695 for by a license holder or a person required to be licensed. The
761696 comptroller, a peace officer, an employee of the attorney general's
762697 office, an employee of the Texas Commission on Environmental
763698 Quality, or an employee of the Texas Department of Licensing and
764699 Regulation [Agriculture] may take samples of motor fuel from a
765700 storage tank or container to:
766701 (1) determine if the fuel contains hazardous waste or
767702 is adulterated; or
768703 (2) allow the comptroller to determine whether taxes
769704 on the fuel have been paid or accounted for to this state.
770- SECTION 8. Section 162.403, Tax Code, is amended to read as
705+ SECTION 9. Section 162.403, Tax Code, is amended to read as
771706 follows:
772707 Sec. 162.403. CRIMINAL OFFENSES. Except as provided by
773708 Section 162.404, a person commits an offense if the person:
774709 (1) refuses to stop and permit the inspection and
775710 examination of a motor vehicle transporting or using motor fuel on
776711 the demand of a peace officer or the comptroller;
777712 (2) is required to hold a valid trip permit or
778713 interstate trucker's license, but operates a motor vehicle in this
779714 state without a valid trip permit or interstate trucker's license;
780715 (3) transports gasoline or diesel fuel in any cargo
781716 tank that has a connection by pipe, tube, valve, or otherwise with
782717 the fuel injector or carburetor or with the fuel supply tank feeding
783718 the fuel injector or carburetor of the motor vehicle transporting
784719 the product;
785720 (4) sells or delivers gasoline or diesel fuel from a
786721 fuel supply tank that is connected with the fuel injector or
787722 carburetor of a motor vehicle;
788723 (5) owns or operates a motor vehicle for which reports
789724 or mileage records are required by this chapter without an
790725 operating odometer or other device in good working condition to
791726 record accurately the miles traveled;
792727 (6) sells or delivers dyed diesel fuel for the
793728 operation of a motor vehicle on a public highway;
794729 (7) uses dyed diesel fuel for the operation of a motor
795730 vehicle on a public highway except as allowed under Section
796731 162.235;
797732 (8) refuses to permit the comptroller or the attorney
798733 general to inspect, examine, or audit a book or record required to
799734 be kept by a license holder, other user, or any person required to
800735 hold a license under this chapter;
801736 (9) refuses to permit the comptroller or the attorney
802737 general to inspect or examine any plant, equipment, materials, or
803738 premises where motor fuel is produced, processed, blended, stored,
804739 sold, delivered, or used;
805740 (10) refuses to permit the comptroller, the attorney
806741 general, an employee of either of those officials, a peace officer,
807742 an employee of the Texas Commission on Environmental Quality, or an
808743 employee of the Texas Department of Licensing and Regulation
809744 [Agriculture] to measure or gauge the contents of or take samples
810745 from a storage tank or container on premises where motor fuel is
811746 produced, processed, blended, stored, sold, delivered, or used;
812747 (11) is a license holder, a person required to be
813748 licensed, or another user and fails or refuses to make or deliver to
814749 the comptroller a report required by this chapter to be made and
815750 delivered to the comptroller;
816751 (12) is an importer who does not obtain an import
817752 verification number when required by this chapter;
818753 (13) purchases motor fuel for export, on which the tax
819754 imposed by this chapter has not been paid, and subsequently diverts
820755 or causes the motor fuel to be diverted to a destination in this
821756 state or any other state or country other than the originally
822757 designated state or country without first obtaining a diversion
823758 number;
824759 (14) conceals motor fuel with the intent of engaging
825760 in any conduct proscribed by this chapter or refuses to make sales
826761 of motor fuel on the volume-corrected basis prescribed by this
827762 chapter;
828763 (15) refuses, while transporting motor fuel, to stop
829764 the motor vehicle the person is operating when called on to do so by
830765 a person authorized to stop the motor vehicle;
831766 (16) refuses to surrender a motor vehicle and cargo
832767 for impoundment after being ordered to do so by a person authorized
833768 to impound the motor vehicle and cargo;
834769 (17) mutilates, destroys, or secretes a book or record
835770 required by this chapter to be kept by a license holder, other user,
836771 or person required to hold a license under this chapter;
837772 (18) is a license holder, other user, or other person
838773 required to hold a license under this chapter, or the agent or
839774 employee of one of those persons, and makes a false entry or fails
840775 to make an entry in the books and records required under this
841776 chapter to be made by the person or fails to retain a document as
842777 required by this chapter;
843778 (19) transports in any manner motor fuel under a false
844779 cargo manifest or shipping document, or transports in any manner
845780 motor fuel to a location without delivering at the same time a
846781 shipping document relating to that shipment;
847782 (20) engages in a motor fuel transaction that requires
848783 that the person have a license under this chapter without then and
849784 there holding the required license;
850785 (21) makes and delivers to the comptroller a report
851786 required under this chapter to be made and delivered to the
852787 comptroller, if the report contains false information;
853788 (22) forges, falsifies, or alters an invoice or
854789 shipping document prescribed by law;
855790 (23) makes any statement, knowing said statement to be
856791 false, in a claim for a tax refund filed with the comptroller;
857792 (24) furnishes to a licensed supplier or distributor a
858793 signed statement for purchasing diesel fuel tax-free and then uses
859794 the tax-free diesel fuel to operate a diesel-powered motor vehicle
860795 on a public highway;
861796 (25) holds an aviation fuel dealer's license and makes
862797 a taxable sale or use of any gasoline or diesel fuel;
863798 (26) fails to remit any tax funds collected or
864799 required to be collected by a license holder, another user, or any
865800 other person required to hold a license under this chapter;
866801 (27) makes a sale of dyed diesel fuel tax-free into a
867802 storage facility of a person who:
868803 (A) is not licensed as a distributor, as an
869804 aviation fuel dealer, or as a dyed diesel fuel bonded user; or
870805 (B) does not furnish to the licensed supplier or
871806 distributor a signed statement prescribed in Section 162.206;
872807 (28) makes a sale of gasoline tax-free to any person
873808 who is not licensed as an aviation fuel dealer;
874809 (29) purchases any motor fuel tax-free when not
875810 authorized to make a tax-free purchase under this chapter;
876811 (30) purchases motor fuel with the intent to evade any
877812 tax imposed by this chapter or accepts a delivery of motor fuel by
878813 any means and does not at the same time accept or receive a shipping
879814 document relating to the delivery;
880815 (31) transports motor fuel for which a cargo manifest
881816 or shipping document is required to be carried without possessing
882817 or exhibiting on demand by an officer authorized to make the demand
883818 a cargo manifest or shipping document containing the information
884819 required to be shown on the manifest or shipping document;
885820 (32) imports, sells, uses, blends, distributes, or
886821 stores motor fuel within this state on which the taxes imposed by
887822 this chapter are owed but have not been first paid to or reported by
888823 a license holder, another user, or any other person required to hold
889824 a license under this chapter;
890825 (33) blends products together to produce a blended
891826 fuel that is offered for sale, sold, or used and that expands the
892827 volume of the original product to evade paying applicable motor
893828 fuel taxes;
894829 (34) evades or attempts to evade in any manner a tax
895830 imposed on motor fuel by this chapter;
896831 (35) delivers compressed natural gas or liquefied
897832 natural gas into the fuel supply tank of a motor vehicle and the
898833 person does not hold a valid compressed natural gas and liquefied
899834 natural gas dealer's license; or
900835 (36) makes a tax-free delivery of compressed natural
901836 gas or liquefied natural gas into the fuel supply tank of a motor
902837 vehicle, unless the delivery is exempt from tax under Section
903838 162.356.
904- SECTION 9. The following provisions of the Agriculture Code
905- are repealed:
839+ SECTION 10. The following provisions of the Agriculture
840+ Code are repealed:
906841 (1) Section 13.001(a)(1-a);
907842 (2) Section 13.024(d);
908843 (3) Section 13.029(b);
909844 (4) Section 13.101(e);
910- (5) Section 13.1011(e);
911- (6) Section 13.1151(b); and
912- (7) Chapter 17.
913- SECTION 10. (a) All rules, fees, policies, procedures,
914- decisions, and forms of the commissioner of agriculture or the
915- Department of Agriculture that relate to a program or activity
916- transferred under this Act and that are in effect on the effective
917- date of the transfer remain in effect until changed by the Texas
918- Commission of Licensing and Regulation.
845+ (5) Section 13.1011(e); and
846+ (9) Section 13.1151(b).
847+ SECTION 11. (a) All rules, fees, policies, procedures,
848+ decisions, and forms of the Department of Agriculture that relate
849+ to a program or activity transferred under this Act and that are in
850+ effect on the effective date of the transfer remain in effect until
851+ changed by the Texas Commission of Licensing and Regulation.
919852 (b) A license, permit, certificate of registration, or
920853 other authorization issued by the Department of Agriculture for a
921854 program or activity transferred under this Act is continued in
922855 effect as a license, permit, certificate, or other authorization of
923856 the Texas Department of Licensing and Regulation after the
924857 effective date of the transfer.
925858 (c) A complaint, investigation, contested case, or other
926- proceeding before the commissioner of agriculture, the Department
927- of Agriculture, or the State Office of Administrative Hearings
928- relating to a program or activity transferred under this Act that is
929- pending on the effective date of the transfer is transferred
930- without change in status to the Texas Commission of Licensing and
931- Regulation or Texas Department of Licensing and Regulation, as
932- appropriate.
859+ proceeding before the Department of Agriculture relating to a
860+ program or activity transferred under this Act that is pending on
861+ the effective date of the transfer is transferred without change in
862+ status to the Texas Commission of Licensing and Regulation or Texas
863+ Department of Licensing and Regulation, as appropriate.
933864 (d) all money, contracts, leases, property, records, and
934865 obligations of the Department of Agriculture relating to a program
935866 or activity transferred under this Act are transferred to the Texas
936867 Department of Licensing and Regulation.
937868 (e) the unexpended and unobligated balance of any money
938869 appropriated by the legislature relating to a program or activity
939870 transferred under this Act is transferred to the Texas Department
940871 of Licensing and Regulation.
941872 (f) Unless the context indicates otherwise, a reference in
942- law or administrative rule to the commissioner of agriculture or
943- the Department of Agriculture with respect to a program or activity
944- transferred under this Act means the Texas Commission of Licensing
945- and Regulation or Texas Department of Licensing and Regulation, as
946- appropriate.
947- SECTION 11. (a) As soon as practicable after the effective
873+ law or administrative rule to the Department of Agriculture with
874+ respect to a program or activity transferred under this Act mean the
875+ Texas Commission of Licensing and Regulation or Texas Department of
876+ Licensing and Regulation, as appropriate.
877+ SECTION 12. (a) As soon as practicable after the effective
948878 date this Act, the Department of Agriculture and the Texas
949879 Department of Licensing and Regulation shall adopt a transition
950880 plan to provide for the orderly transfer of powers, duties,
951881 functions, programs, and activities under this act. The transition
952882 plan must provide for the transfer to be completed not later than
953883 September 1, 2020.
954884 (b) The Department of Agriculture shall provide the Texas
955885 Department of Licensing and Regulation with access to any systems,
956886 facilities, or information necessary for the Texas Department of
957887 Licensing and Regulation to accept a program or activity
958888 transferred under this act.
959889 (c) The Texas Department of Licensing and Regulation may
960890 establish and lead a stakeholder workgroup to provide input,
961891 advice, and recommendations to the Department of Agriculture and
962892 Texas Department of Licensing and Regulation on the orderly
963893 transfer of powers, duties, functions, programs, and activities
964894 under this act. The Texas Department of Licensing and Regulation
965895 shall establish the size, composition, and scope of the stakeholder
966896 workgroup.
967897 (d) On the date specified in the transition plan required
968- under Subsection (a) of this section for the transfer of a program
969- or activity transferred by this Act to the Texas Department of
898+ under Subsection (a) of this section for the transfer of program or
899+ activity transferred by this act to the Texas Department of
970900 Licensing and Regulation, all full-time equivalent employee
971901 positions at the Department of Agriculture that directly and
972902 indirectly concern the administration or enforcement of the program
973903 or activity being transferred become positions at the Texas
974904 Department of Licensing and Regulation. The Texas Department of
975905 Licensing and Regulation shall post the positions for hiring and,
976906 when filling the positions, shall give consideration to, but is not
977907 required to hire, an applicant who, immediately before the date of
978908 the transfer, was an employee at the Department of Agriculture
979909 involved in administering or enforcing the transferred program or
980910 activity.
981- (e) Subsection (c) of this section and this subsection
982- expire October 1, 2020.
983- SECTION 12. (a) Except as provided by Subsection (b) of
984- this section, this Act takes effect September 1, 2020.
985- (b) Section 11 of this Act takes effect September 1, 2019.
986-
987-
988-
989-Provision Amount of Penalty
990-
991-
992-
993-Chapters 13, 14A, [17,] 18, 19, 41, 46, 61, 72, 73, 74, 76, 94, 95, 101, 102, 103, 125, 132,
994-
995-Chapters 13, 14A, [] 18, 19, 41, 46, 61, 72, 73, 74, 76, 94, 95, 101, 102, 103, 125, 132,
996-
997-Chapters 13, 14A, [] 18, 19, 41, 46, 61, 72, 73, 74, 76, 94, 95, 101, 102, 103, 125, 132,
998-
999-and 134 not more than $5,000
1000-
1001-
1002-
1003-
1004-
1005-
1006-
1007-Subchapters A, B, and C, Chapter 71 not more than $5,000
1008-
1009-Chapter 14 not more than $10,000
1010-
1011-Chapter 1951, Occupations Code not more than $5,000
1012-
1013-Chapter 153, Natural Resources
1014-
1015-Code not more than $5,000
1016-
1017-Section 91.009 not more than $5,000.
911+ (e) Subsection (c) under this section expires on October
912+ 1,2020.
913+ SECTION 13. This Act takes effect immediately if it
914+ receives a vote of two-thirds of all the members elected to each
915+ house, as provided by Section 39, Article III, Texas Constitution.
916+ If this Act does not receive the vote necessary for immediate
917+ effect, this Act takes effect September 1, 2019.