1 | 1 | | By: Blanco S.B. No. 2699 |
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2 | 2 | | |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | A BILL TO BE ENTITLED |
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7 | 7 | | AN ACT |
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8 | 8 | | relating to motor fuel measuring, quality, and testing standards. |
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9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | SECTION 1. Section 2310.001(a), Occupations Code, is amended |
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11 | 11 | | by adding Subdivisions (1-a) and (7-a) to read as follows: |
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12 | 12 | | (1-a) "ASTM" means ASTM International, formerly known |
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13 | 13 | | as the American Society for Testing and Materials. |
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14 | 14 | | (7-a) "NIST" means the National Institute of Standards |
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15 | 15 | | and Technology. |
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16 | 16 | | SECTION 2. Section 2310.060(a-1), Occupations Code, is |
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17 | 17 | | amended to read as follows: |
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18 | 18 | | (a-1) In implementing this section, the department or an |
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19 | 19 | | authorized representative of the department shall: |
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20 | 20 | | (1) follow the motor fuel quality testing standards |
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21 | 21 | | and procedures [adopted by the dcpartmcnt] for collecting, |
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22 | 22 | | sampling, and handling motor fuel prescribed by Section 2310.203; |
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23 | 23 | | (2) obtain the approval of the executive director or |
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24 | 24 | | the executive director's designee before taking any action under |
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25 | 25 | | this section; and |
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26 | 26 | | (3) place a tag or other notice on each motor fuel |
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27 | 27 | | dispensing device subject to an order issued by the department |
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28 | 28 | | under this section. |
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29 | 29 | | SECTION 3. Section 2310.107, Occupations Code, is amended |
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30 | 30 | | to read as follows: |
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31 | 31 | | Sec. 2310.107. TOLERANCES. Specifications and tolerances |
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32 | 32 | | for motor fuel metering devices shall be the same as those adopted |
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33 | 33 | | in the most current edition of NIST Handbook 44 [recommended by the |
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34 | 34 | | Nationial Institute of Standards and Technology]. |
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35 | 35 | | SECTION 4. Subchapter E, Chapter 2310, Occupations Code, is |
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36 | 36 | | amended by adding Section 2310.2016 to read as follows: |
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37 | 37 | | Sec. 2310.2016. MOTOR FUEL QUALITY STANDARDS. (a) The |
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38 | 38 | | minimum quality standards for motor fuel that is sold or offered for |
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39 | 39 | | sale in this state are the most recently adopted, nationally |
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40 | 40 | | recognized ASTM petroleum standards, including subsequent |
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41 | 41 | | amendments and editions. |
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42 | 42 | | (b) Except as provided in Section 2310.2031, gasoline or |
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43 | 43 | | gasoline blended with ethanol sold or offered for sale in Texas |
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44 | 44 | | shall conform with ASTM Designation D4814 for the applicable period |
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45 | 45 | | and region at all times. |
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46 | 46 | | SECTION 5. The heading to Section 2310.203, Occupations |
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47 | 47 | | Code, is amended to read as follows: |
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48 | 48 | | Sec. 2310.203. [TESTINC OF] MOTOR FUEL QUALITY TESTING |
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49 | 49 | | STANDARDS AND PROCEDURES. |
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50 | 50 | | SECTION 6. Section 2310.203(a), Occupations Code, is |
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51 | 51 | | amended to read as follows: |
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52 | 52 | | (a) The department or an authorized representative of the |
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53 | 53 | | department may collect samples and conduct testing at any location |
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54 | 54 | | where motor fuel is kept, transferred, sold, or offered for sale to |
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55 | 55 | | verify that the motor fuel complies with the fuel quality [minimum] |
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56 | 56 | | standards required by Section 2310.2016 [2310.202]. |
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57 | 57 | | SECTION 7. Subchapter E. Chapter 2310, Occupations Code, is |
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58 | 58 | | amended by adding Section 2310.2031 to read as follows: |
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59 | 59 | | Sec. 2310.2031. EXCEPTIONS TO MOTOR FUEL QUALITY STANDARDS. |
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60 | 60 | | (a) Gasoline or gasoline blended with ethanol sold or offered for |
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61 | 61 | | sale during periods when areas on either side of the 99-degree |
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62 | 62 | | longitude line have different volatility classes, as provided in |
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63 | 63 | | the ASTM Designation D4814 Schedule of U.S. Seasonal and Geographic |
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64 | 64 | | Volatility Classes, conforms with this chapter and commission rules |
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65 | 65 | | if it complies with the volatility class for either area. |
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66 | 66 | | (b) Gasoline sold or offered for sale that meets or exceeds |
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67 | 67 | | the Driveability Index prescribed by the ASTM Designation D4814 |
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68 | 68 | | Vapor Pressure and Distillation Class Requirements for vapor |
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69 | 69 | | pressure/distillation classes AAA, AA, or A conforms with ASTM |
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70 | 70 | | standards, this chapter, and rules set by the commission. |
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71 | 71 | | (c) Gasoline blended with up to 15 volume percent ethanol is |
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72 | 72 | | granted a vapor pressure tolerance waiver of 1.0 pound per square |
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73 | 73 | | inch except for gasoline blends sold or offered for sale from May 1 |
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74 | 74 | | through October 1 in counties of this state required to comply with |
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75 | 75 | | low emissions fuels. |
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76 | 76 | | (d) Seasonal specifications for vapor pressure may be |
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77 | 77 | | extended for a maximum period of 15 days to allow for the |
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78 | 78 | | distribution of old stocks. However, new stocks of a higher |
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79 | 79 | | volatility classification may not be offered for retail sale before |
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80 | 80 | | the effective date of the higher volatility classification. |
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81 | 81 | | (e) The vapor-to-liquid ratio specification is waived for |
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82 | 82 | | gasoline ethanol/blends. |
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83 | 83 | | SECTION 8. The following provisions of the Occupations Code |
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84 | 84 | | are repealed: |
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85 | 85 | | (1) Section 2310.202; and |
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86 | 86 | | (2) Section 2310.203(c-1). |
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87 | 87 | | SECTION 9. A violation committed before the effective date |
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88 | 88 | | of this Act is governed by the law in effect on the date the offense |
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89 | 89 | | or violation was committed, and the former law is continued in |
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90 | 90 | | effect for that purpose. For purposes of this section, an offense or |
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91 | 91 | | violation was committed before the effective date of this Act if any |
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92 | 92 | | element of the offense or violation was committed before that date. |
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93 | 93 | | SECTION 10. This Act takes effect immediately if it |
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94 | 94 | | receives a vote of two-thirds of all the members elected to each |
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95 | 95 | | house, as provided by Section 39, Article III, Texas Constitution. |
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96 | 96 | | If this Act does not receive the vote necessary for immediate |
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97 | 97 | | effect, this Act takes effect September 1, 2025. |
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