Texas 2025 - 89th Regular

Texas House Bill HB4690 Compare Versions

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

Old	New	Differences
1	1	89R18885 TYPED
2	2	By: Gerdes H.B. No. 4690
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to motor fuel measuring, quality, and testing standards.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 2310.001(a), Occupations Code, is
12	12	amended by adding Subdivisions (1-a) and (7-a) to read as follows:
13	13	(1-a) "ASTM" means ASTM International, formerly known
14	14	as the American Society for Testing and Materials.
15	15	(7-a) "NIST" means the National Institute of Standards
16	16	and Technology.
17	17	SECTION 2. Section 2310.060(a-1), Occupations Code, is
18	18	amended to read as follows:
19	19	(a-1) In implementing this section, the department or an
20	20	authorized representative of the department shall:
21	21	(1) follow the motor fuel quality testing standards
22	22	and procedures [adopted by the department] for collecting,
23	23	sampling, and handling motor fuel prescribed by Section 2310.203;
24	24	(2) obtain the approval of the executive director or
25	25	the executive director's designee before taking any action under
26	26	this section; and
27	27	(3) place a tag or other notice on each motor fuel
28	28	dispensing device subject to an order issued by the department
29	29	under this section.
30	30	SECTION 3. Section 2310.107, Occupations Code, is amended
31	31	to read as follows:
32	32	Sec. 2310.107. TOLERANCES. Specifications and tolerances
33	33	for motor fuel metering devices shall be the same as those adopted
34	34	in the most current edition of NIST Handbook 44 [recommended by the
35	35	National Institute of Standards and Technology].
36	36	SECTION 4. Subchapter E, Chapter 2310, Occupations Code, is
37	37	amended by adding Section 2310.2016 to read as follows:
38	38	Sec. 2310.2016. MOTOR FUEL QUALITY STANDARDS. (a) The
39	39	minimum quality standards for motor fuel that is sold or offered for
40	40	sale in this state are the most recently adopted, nationally
41	41	recognized ASTM petroleum standards, including subsequent
42	42	amendments and editions.
43	43	(b) Except as provided in Section 2310.2031, gasoline or
44	44	gasoline blended with ethanol sold or offered for sale in Texas
45	45	shall conform with ASTM Designation D4814 for the applicable period
46	46	and region at all times.
47	47	SECTION 5. The heading to Section 2310.203, Occupations
48	48	Code, is amended to read as follows:
49	49	Sec. 2310.203. [TESTING OF] MOTOR FUEL QUALITY TESTING
50	50	STANDARDS AND PROCEDURES.
51	51	SECTION 6. Section 2310.203(a), Occupations Code, is
52	52	amended to read as follows:
53	53	(a) The department or an authorized representative of the
54	54	department may collect samples and conduct testing at any location
55	55	where motor fuel is kept, transferred, sold, or offered for sale to
56	56	verify that the motor fuel complies with the fuel quality [minimum]
57	57	standards required by Section 2310.2016 [2310.202].
58	58	SECTION 7. Subchapter E, Chapter 2310, Occupations Code, is
59	59	amended by adding Section 2310.2031 to read as follows:
60	60	Sec. 2310.2031. EXCEPTIONS TO MOTOR FUEL QUALITY STANDARDS.
61	61	(a) Gasoline or gasoline blended with ethanol sold or offered for
62	62	sale during periods when areas on either side of the 99-degree
63	63	longitude line have different volatility classes, as provided in
64	64	the ASTM Designation D4814 Schedule of U.S. Seasonal and Geographic
65	65	Volatility Classes, conforms with this chapter and commission rules
66	66	if it complies with the volatility class for either area.
67	67	(b) Gasoline sold or offered for sale that meets or exceeds
68	68	the Driveability Index prescribed by the ASTM Designation D4814
69	69	Vapor Pressure and Distillation Class Requirements for vapor
70	70	pressure/distillation classes AAA, AA, or A conforms with ASTM
71	71	standards, this chapter, and rules set by the commission.
72	72	(c) Gasoline blended with up to 15 volume percent ethanol is
73	73	granted a vapor pressure tolerance waiver of 1.0 pound per square
74	74	inch except for gasoline blends sold or offered for sale from May 1
75	75	through October 1 in counties of this state required to comply with
76	76	low emissions fuels.
77	77	(d) Seasonal specifications for vapor pressure may be
78	78	extended for a maximum period of 15 days to allow for the
79	79	distribution of old stocks. However, new stocks of a higher
80	80	volatility classification may not be offered for retail sale before
81	81	the effective date of the higher volatility classification.
82	82	(e) The vapor-to-liquid ratio specification is waived for
83	83	gasoline ethanol/blends.
84	84	SECTION 8. The following provisions of the Occupations Code
85	85	are repealed:
86	86	(1) Section 2310.202; and
87	87	(2) Section 2310.203(c-1).
88	88	SECTION 9. A violation committed before the effective date
89	89	of this Act is governed by the law in effect on the date the offense
90	90	or violation was committed, and the former law is continued in
91	91	effect for that purpose. For purposes of this section, an offense
92	92	or violation was committed before the effective date of this Act if
93	93	any element of the offense or violation was committed before that
94	94	date.
95	95	SECTION 10. This Act takes effect immediately if it
96	96	receives a vote of two-thirds of all the members elected to each
97	97	house, as provided by Section 39, Article III, Texas Constitution.
98	98	If this Act does not receive the vote necessary for immediate
99	99	effect, this Act takes effect September 1, 2025.