By: Darby H.B. No. 2366
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 13.007(a), Agriculture Code, is amended
to read as follows:
Sec. 13.007. CIVIL PENALTY; INJUNCTION. (a) A person who
violates Subchapter B or C or a rule adopted under Subchapter B or C
is liable to the state for a civil penalty not to exceed $500 for
each violation. Each day a violation continues may be considered a
separate violation for purposes of a civil penalty assessment, up
to a maximum penalty of $2,500.
SECTION 2. Section 13.1016(c), Agriculture Code, is amended
to read as follows:
(c) A registration under this section is valid for two years
[one year] unless a different period greater than two years 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.
SECTION 3. Section 13.1017, Agriculture Code, is amended by
adding Subsections (a-1) and (e) to read as follows:
(a-1) A complaint under this section must include a receipt
of the transaction that led to the complaint.
(e) Notice required by this section must:
(1) be provided to the person who last registered the
motor fuel metering device by electronic mail not more than 24 hours
after the complaint is received; and
(2) identify the specific motor fuel metering device
that led to the complaint.
SECTION 4. Section 13.1151, Agriculture Code, is amended by
adding Subsection (c) to read as follows:
(c) Fees collected under this section may be used only to
administer and enforce motor fuel metering device inspections under
Section 13.1015.
SECTION 5. Section 13.119, Agriculture Code, is amended to
read as follows:
Sec. 13.119. REMOVAL OF REGISTRATION TAG. (a) A person
commits an offense if the person removes or obliterates a tag or
device placed or required by the department to be placed on a
weighing or measuring device under this chapter.
(b) It is not an offense under this section if the person who
owns or operates the motor fuel metering device:
(1) has a valid registration; and
(2) did not intentionally remove or obliterate the
tag.
(c) The department shall replace tags described by
Subsection (b).
SECTION 6. Section 17.072, Agriculture Code, is amended by
adding Subsection (d) to read as follows:
(d) Using fees collected under Section 17.104, the
department shall pay all costs associated with testing under this
section, including sampling costs, transportation costs, and
shipping costs.
SECTION 7. Section 17.073, Agriculture Code, is amended by
adding Subsection (c) to read as follows:
(c) The department shall not issue an order under this
section for a violation of motor fuel quality standards unless
laboratory results confirm that motor fuel is out of compliance
with this chapter.
SECTION 8. Section 17.102, Agriculture Code, is amended to
read as follows:
Sec. 17.102. TESTING[; RULES RELATING TO TESTING
FREQUENCY]. (a) To determine compliance with the standards and
enforce rules adopted under Sections 17.051, 17.052, 17.053,
17.055, and 17.103, [the commissioner or] an authorized
representative of the commissioner may test any motor fuel sold in
this state, only in response to [regardless of the existence of] a
complaint about the fuel. [This section does not prohibit the
commissioner from adopting rules relating to the frequency of
testing motor fuels.] In adopting [the] rules under this section,
the commissioner shall consider:
(1) the nature of the violation;
(2) the history of past violations; [and]
(3) available funds under Section 17.104(d);
(4) distance to nearest fuel quality laboratory; and
(5) the octane of the fuel.
(b) The department shall contract with five or more
laboratories in the state of Texas to conduct fuel quality testing.
(c) The department shall not test motor fuel based on
complaints made about fuel registered to be below 88 octanes under
ASTM standards.
SECTION 9. Section 17.104, Agriculture Code, is amended by
adding Subsection (e) to read as follows:
(e) Notwithstanding any other law, the department may not in
a state fiscal biennium increase a fee under Subsection (b) for a
motor fuel metering device by an amount that exceeds 10 percent of
the amount of the fee at the end of the preceding state fiscal
biennium.
SECTION 10. Subchapter C, Chapter 17, Agriculture Code, is
amended by adding Subsection 17.105 to read as follows:
Section 17.105. COMPLAINTS REGARDING MOTOR FUEL QUALITY.
(a) The department shall require the complainant to provide a
receipt of the transaction that led to the complaint.
(b) The department shall notify the dealer by electronic
mail within 24 hours of receipt a complaint.
(c) In a notice required by Subsection (b), the department
shall identify the specific motor fuel metering device that led to
the complaint.
SECTION 11. Section 17.153, Agriculture Code, is amended to
read as follows:
Sec. 17.153. CIVIL PENALTY. A dealer, distributor,
supplier, wholesaler, or jobber who violates Section 17.051,
17.052, 17.053, 17.054, or 17.055 is liable to this state for a
civil penalty of not less than $200 and not more than $2,500
[$10,000].
SECTION 12. Section 17.155(a), Agriculture Code, is amended
to read as follows:
Sec. 17.155. ADMINISTRATIVE PENALTY. (a) The department
may impose an administrative penalty not to exceed $2,500 against a
person regulated under this chapter who violates this chapter or a
rule or order adopted under this chapter. An administrative penalty
is imposed and collected in the manner provided by Section 12.020.
SECTION 13. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2019.