Texas 2019 - 86th Regular

Texas House Bill HB2366 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		86R23919 BEF-F
2	2		By: Darby H.B. No. 2366
	3	+	Substitute the following for H.B. No. 2366:
	4	+	By: Raney C.S.H.B. No. 2366
3	5
4	6
5	7		A BILL TO BE ENTITLED
6	8		AN ACT
7	9		relating to the regulation of motor fuel quality and motor fuel
8	10		metering devices.
9	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	12		SECTION 1. Section 12.020(c), Agriculture Code, is amended
11	13		to read as follows:
12	14		(c) The provisions of law subject to this section and the
13	15		applicable penalty amounts are as follows:
14	16		Provision Amount of Penalty Provision Amount of Penalty
15	17		Provision Amount of Penalty
16	18		Chapters 13, 14A, [17,] 18, 19, 41, 46, 61, 72, 73, 74, 76, 94, 95, 101, 102, 103, 125, 132, and 134 not more than $5,000 Chapters 13, 14A, [17,] 18, 19, 41, 46, 61, 72, 73, 74, 76, 94, 95, 101, 102, 103, 125, 132, and 134 not more than $5,000
17	19		Chapters 13, 14A, [17,] 18, 19, 41, 46, 61, 72, 73, 74, 76, 94, 95, 101, 102, 103, 125, 132, and 134 not more than $5,000
18	20		Chapters 13, 14A, [] 18, 19, 41, 46, 61, 72, 73, 74, 76, 94, 95, 101, 102, 103, 125, 132, and 134 not more than $5,000 Chapters 13, 14A, [] 18, 19, 41, 46, 61, 72, 73, 74, 76, 94, 95, 101, 102, 103, 125, 132, and 134 not more than $5,000
19	21		Chapters 13, 14A, [] 18, 19, 41, 46, 61, 72, 73, 74, 76, 94, 95, 101, 102, 103, 125, 132, and 134 not more than $5,000
20	22		Chapters 13, 14A, [] 18, 19, 41, 46, 61, 72, 73, 74, 76, 94, 95, 101, 102, 103, 125, 132, and 134 not more than $5,000 Chapters 13, 14A, [] 18, 19, 41, 46, 61, 72, 73, 74, 76, 94, 95, 101, 102, 103, 125, 132, and 134 not more than $5,000
21	23		Chapters 13, 14A, [] 18, 19, 41, 46, 61, 72, 73, 74, 76, 94, 95, 101, 102, 103, 125, 132, and 134 not more than $5,000
22	24		Subchapters A, B, and C, Chapter 71 not more than $5,000 Subchapters A, B, and C, Chapter 71 not more than $5,000
23	25		Subchapters A, B, and C, Chapter 71 not more than $5,000
24	26		Chapter 14 not more than $10,000 Chapter 14 not more than $10,000
25	27		Chapter 14 not more than $10,000
26	28		Chapter 17 not more than $2,500 Chapter 17 not more than $2,500
27	29		Chapter 17 not more than $2,500
28	30		Chapter 1951, Occupations Code not more than $5,000 Chapter 1951, Occupations Code not more than $5,000
29	31		Chapter 1951, Occupations Code not more than $5,000
30	32		Chapter 153, Natural Resources Code not more than $5,000 Chapter 153, Natural Resources Code not more than $5,000
31	33		Chapter 153, Natural Resources Code not more than $5,000
32	34		Section 91.009 not more than $5,000. Section 91.009 not more than $5,000.
33	35		Section 91.009 not more than $5,000.
34	36		SECTION 2. Section 13.007(a), Agriculture Code, is amended
35	37		to read as follows:
36	38		(a) A person who violates Subchapter B or C or a rule adopted
37	39		under Subchapter B or C is liable to the state for a civil penalty
38	40		not to exceed $500 for each violation. Each day a violation
39	41		continues may be considered a separate violation for purposes of a
40	42		civil penalty assessment, except that the total penalty for a
41	43		continuous violation related to one or more motor fuel metering
42	44		devices may not exceed $2,500.
43	45		SECTION 3. Section 13.1016(c), Agriculture Code, is amended
44	46		to read as follows:
45	47		(c) A registration under this section is valid for two years
46	48		[one year] unless a different period of more than two years is
47	49		established by department rule. The registration must be renewed at
48	50		or before the end of each registration period and the application
49	51		for renewal must include documentation of compliance with Section
50	52		13.1015.
51	53		SECTION 4. Section 13.1017, Agriculture Code, is amended by
52	54		adding Subsections (a-1) and (e) to read as follows:
53	55		(a-1) A complaint under this section must include a proof of
54	56		purchase for the transaction that led to the complaint.
55	57		(e) Notice required by this section must:
56	58		(1) be provided to the person who last registered the
57	59		motor fuel metering device by electronic mail not more than 24 hours
58	60		after the complaint is received; and
59	61		(2) identify the specific motor fuel metering device
60	62		that led to the complaint.
61	63		SECTION 5. Section 13.1151, Agriculture Code, is amended by
62	64		adding Subsection (c) to read as follows:
63	65		(c) Fees for motor fuel metering devices collected under
64	66		this section may be used only to administer and enforce motor fuel
65	67		metering device inspections under Section 13.1015.
66	68		SECTION 6. Section 13.119, Agriculture Code, is amended to
67	69		read as follows:
68	70		Sec. 13.119. REMOVAL OF REGISTRATION TAG. (a) A person
69	71		commits an offense if the person removes or obliterates a tag or
70	72		device placed or required by the department to be placed on a
71	73		weighing or measuring device under this chapter.
72	74		(b) It is not an offense under this section if:
73	75		(1) the weighing or measuring device is a motor fuel
74	76		metering device with a valid registration;
75	77		(2) the person who removed or obliterated the tag is
76	78		the person who owns or operates the motor fuel metering device; and
77	79		(3) the person did not intentionally remove or
78	80		obliterate the tag.
79	81		(c) The department shall replace tags described by
80	82		Subsection (b).
81	83		SECTION 7. Section 17.072, Agriculture Code, is amended by
82	84		adding Subsection (d) to read as follows:
83	85		(d) Using fees collected under Section 17.104, the
84	86		department shall pay all costs associated with testing under this
85	87		section, including sampling costs, transportation costs, and
86	88		shipping costs.
87	89		SECTION 8. Section 17.073, Agriculture Code, is amended by
88	90		adding Subsection (c) to read as follows:
89	91		(c) The department may not issue an order under this section
90	92		for a violation of motor fuel quality standards unless laboratory
91	93		results confirm that motor fuel is out of compliance with this
92	94		chapter.
93	95		SECTION 9. Section 17.102, Agriculture Code, is amended to
94	96		read as follows:
95	97		Sec. 17.102. TESTING[; RULES RELATING TO TESTING
96	98		FREQUENCY]. (a) To determine compliance with the standards and
97	99		enforce rules adopted under Sections 17.051, 17.052, 17.053,
98	100		17.055, and 17.103, [the commissioner or] an authorized
99	101		representative of the commissioner may test any motor fuel sold in
100	102		this state, but only in response to [regardless of the existence of]
101	103		a complaint about the fuel. [This section does not prohibit the
102	104		commissioner from adopting rules relating to the frequency of
103	105		testing motor fuels.] In adopting [the] rules under this section,
104	106		the commissioner shall consider:
105	107		(1) the nature of the violation;
106	108		(2) the history of past violations; [and]
107	109		(3) available funds under Section 17.104(d);
108	110		(4) the distance to the nearest motor fuel quality
109	111		testing laboratory; and
110	112		(5) the octane of the fuel.
111	113		(b) The department shall contract with at least five
112	114		laboratories in this state to conduct motor fuel quality testing.
113	115		(c) The department may not test motor fuel based on a
114	116		complaint made about fuel with an octane rating less than 88 under
115	117		ASTM standards.
116	118		SECTION 10. Section 17.104, Agriculture Code, is amended by
117	119		adding Subsection (e) to read as follows:
118	120		(e) Notwithstanding any other law, the department may not in
119	121		a state fiscal biennium increase a fee under Subsection (b) for a
120	122		dealer by an amount that exceeds 10 percent of the amount of the fee
121	123		at the end of the preceding state fiscal biennium.
122	124		SECTION 11. Subchapter C, Chapter 17, Agriculture Code, is
123	125		amended by adding Section 17.105 to read as follows:
124	126		Sec. 17.105. COMPLAINTS REGARDING MOTOR FUEL QUALITY. (a)
125	127		The department shall require a person who submits a complaint
126	128		regarding the quality of motor fuel purchased from a dealer to
127	129		provide a proof of purchase for the transaction that led to the
128	130		complaint.
129	131		(b) The department shall notify the dealer by electronic
130	132		mail within 24 hours of receipt of a complaint.
131	133		(c) In a notice required by Subsection (b), the department
132	134		shall identify the specific motor fuel pump that led to the
133	135		complaint.
134	136		SECTION 12. Section 17.153, Agriculture Code, is amended to
135	137		read as follows:
136	138		Sec. 17.153. CIVIL PENALTY. A dealer, distributor,
137	139		supplier, wholesaler, or jobber who violates Section 17.051,
138	140		17.052, 17.053, 17.054, or 17.055 is liable to this state for a
139	141		civil penalty of not less than $200 and not more than $2,500
140	142		[$10,000].
141	143		SECTION 13. (a) Sections 12.020(c), 13.007(a), and
142	144		17.153, Agriculture Code, as amended by this Act, apply only to a
143	145		violation that occurs on or after the effective date of this Act. A
144	146		violation that occurs before the effective date of this Act is
145	147		governed by the law in effect on the date the violation occurred,
146	148		and the former law is continued in effect for that purpose.
147	149		(b) Section 13.1016(c), Agriculture Code, as amended by
148	150		this Act, applies only to a registration issued or renewed on or
149	151		after the effective date of this Act. A registration issued or
150	152		renewed before the effective date of this Act is governed by the law
151	153		in effect on the date the registration was issued or renewed, and
152	154		the former law is continued in effect for that purpose.
153	155		(c) Section 13.1017, Agriculture Code, as amended by this
154	156		Act, and Section 17.105, Agriculture Code, as added by this Act,
155	157		apply only to a complaint received on or after the effective date of
156	158		this Act. A complaint received before the effective date of this Act
157	159		is governed by the law in effect on the date the complaint was
158	160		received, and the former law is continued in effect for that
159	161		purpose.
160	162		(d) Section 13.119, Agriculture Code, as amended by this
161	163		Act, applies only to an offense committed on or after the effective
162	164		date of this Act. An offense committed before the effective date of
163	165		this Act is governed by the law in effect on the date the offense was
164	166		committed, and the former law is continued in effect for that
165	167		purpose. For purposes of this section, an offense was committed
166	168		before the effective date of this Act if any element of the offense
167	169		occurred before that date.
168	170		SECTION 14. This Act takes effect immediately if it
169	171		receives a vote of two-thirds of all the members elected to each
170	172		house, as provided by Section 39, Article III, Texas Constitution.
171	173		If this Act does not receive the vote necessary for immediate
172	174		effect, this Act takes effect September 1, 2019.
173	175
174	176
175	177
176	178		Provision Amount of Penalty
177	179
178	180
179	181
180	182		Chapters 13, 14A, [17,] 18, 19, 41, 46, 61, 72, 73, 74, 76, 94, 95, 101, 102, 103, 125, 132, and 134 not more than $5,000
181	183
182	184		Chapters 13, 14A, [] 18, 19, 41, 46, 61, 72, 73, 74, 76, 94, 95, 101, 102, 103, 125, 132, and 134 not more than $5,000
183	185
184	186		Chapters 13, 14A, [] 18, 19, 41, 46, 61, 72, 73, 74, 76, 94, 95, 101, 102, 103, 125, 132, and 134 not more than $5,000
185	187
186	188
187	189
188	190
189	191
190	192		Subchapters A, B, and C, Chapter 71 not more than $5,000
191	193
192	194		Chapter 14 not more than $10,000
193	195
194	196		Chapter 17 not more than $2,500
195	197
196	198		Chapter 1951, Occupations Code not more than $5,000
197	199
198	200		Chapter 153, Natural Resources Code not more than $5,000
199	201
200	202		Section 91.009 not more than $5,000.