Texas 2025 - 89th Regular

Texas Senate Bill SB2699 Compare Versions

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11 By: Blanco S.B. No. 2699
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66 A BILL TO BE ENTITLED
77 AN ACT
88 relating to motor fuel measuring, quality, and testing standards.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. Section 2310.001(a), Occupations Code, is amended
1111 by adding Subdivisions (1-a) and (7-a) to read as follows:
1212 (1-a) "ASTM" means ASTM International, formerly known
1313 as the American Society for Testing and Materials.
1414 (7-a) "NIST" means the National Institute of Standards
1515 and Technology.
1616 SECTION 2. Section 2310.060(a-1), Occupations Code, is
1717 amended to read as follows:
1818 (a-1) In implementing this section, the department or an
1919 authorized representative of the department shall:
2020 (1) follow the motor fuel quality testing standards
2121 and procedures [adopted by the dcpartmcnt] for collecting,
2222 sampling, and handling motor fuel prescribed by Section 2310.203;
2323 (2) obtain the approval of the executive director or
2424 the executive director's designee before taking any action under
2525 this section; and
2626 (3) place a tag or other notice on each motor fuel
2727 dispensing device subject to an order issued by the department
2828 under this section.
2929 SECTION 3. Section 2310.107, Occupations Code, is amended
3030 to read as follows:
3131 Sec. 2310.107. TOLERANCES. Specifications and tolerances
3232 for motor fuel metering devices shall be the same as those adopted
3333 in the most current edition of NIST Handbook 44 [recommended by the
3434 Nationial Institute of Standards and Technology].
3535 SECTION 4. Subchapter E, Chapter 2310, Occupations Code, is
3636 amended by adding Section 2310.2016 to read as follows:
3737 Sec. 2310.2016. MOTOR FUEL QUALITY STANDARDS. (a) The
3838 minimum quality standards for motor fuel that is sold or offered for
3939 sale in this state are the most recently adopted, nationally
4040 recognized ASTM petroleum standards, including subsequent
4141 amendments and editions.
4242 (b) Except as provided in Section 2310.2031, gasoline or
4343 gasoline blended with ethanol sold or offered for sale in Texas
4444 shall conform with ASTM Designation D4814 for the applicable period
4545 and region at all times.
4646 SECTION 5. The heading to Section 2310.203, Occupations
4747 Code, is amended to read as follows:
4848 Sec. 2310.203. [TESTINC OF] MOTOR FUEL QUALITY TESTING
4949 STANDARDS AND PROCEDURES.
5050 SECTION 6. Section 2310.203(a), Occupations Code, is
5151 amended to read as follows:
5252 (a) The department or an authorized representative of the
5353 department may collect samples and conduct testing at any location
5454 where motor fuel is kept, transferred, sold, or offered for sale to
5555 verify that the motor fuel complies with the fuel quality [minimum]
5656 standards required by Section 2310.2016 [2310.202].
5757 SECTION 7. Subchapter E. Chapter 2310, Occupations Code, is
5858 amended by adding Section 2310.2031 to read as follows:
5959 Sec. 2310.2031. EXCEPTIONS TO MOTOR FUEL QUALITY STANDARDS.
6060 (a) Gasoline or gasoline blended with ethanol sold or offered for
6161 sale during periods when areas on either side of the 99-degree
6262 longitude line have different volatility classes, as provided in
6363 the ASTM Designation D4814 Schedule of U.S. Seasonal and Geographic
6464 Volatility Classes, conforms with this chapter and commission rules
6565 if it complies with the volatility class for either area.
6666 (b) Gasoline sold or offered for sale that meets or exceeds
6767 the Driveability Index prescribed by the ASTM Designation D4814
6868 Vapor Pressure and Distillation Class Requirements for vapor
6969 pressure/distillation classes AAA, AA, or A conforms with ASTM
7070 standards, this chapter, and rules set by the commission.
7171 (c) Gasoline blended with up to 15 volume percent ethanol is
7272 granted a vapor pressure tolerance waiver of 1.0 pound per square
7373 inch except for gasoline blends sold or offered for sale from May 1
7474 through October 1 in counties of this state required to comply with
7575 low emissions fuels.
7676 (d) Seasonal specifications for vapor pressure may be
7777 extended for a maximum period of 15 days to allow for the
7878 distribution of old stocks. However, new stocks of a higher
7979 volatility classification may not be offered for retail sale before
8080 the effective date of the higher volatility classification.
8181 (e) The vapor-to-liquid ratio specification is waived for
8282 gasoline ethanol/blends.
8383 SECTION 8. The following provisions of the Occupations Code
8484 are repealed:
8585 (1) Section 2310.202; and
8686 (2) Section 2310.203(c-1).
8787 SECTION 9. A violation committed before the effective date
8888 of this Act is governed by the law in effect on the date the offense
8989 or violation was committed, and the former law is continued in
9090 effect for that purpose. For purposes of this section, an offense or
9191 violation was committed before the effective date of this Act if any
9292 element of the offense or violation was committed before that date.
9393 SECTION 10. This Act takes effect immediately if it
9494 receives a vote of two-thirds of all the members elected to each
9595 house, as provided by Section 39, Article III, Texas Constitution.
9696 If this Act does not receive the vote necessary for immediate
9797 effect, this Act takes effect September 1, 2025.