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House Bill 2925 |
House Author: Herrero et al. |
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Effective: See below |
Senate Sponsor: Whitmire |
House Bill 2925 revises provisions of the Agriculture Code relating to weights and measures. It replaces specific terminology contained in prior law, such as language relating to pumps, and refers uniformly to a weighing or measuring device as either a scale or an instrument used to dispense or deliver a commodity by weight, volume, flow rate, or other measure. The bill removes provisions relating to the appointment of officials known as sealers and their testing, inspection, and marking of such devices. Sealing practices are replaced by the certification of state and local standards of weights and measures consistent with federal standards of the National Institute of Standards and Technology (NIST). The bill transfers certain functions of sealers to the Texas Department of Agriculture (TDA), and amends various provisions relating to licensed inspectors of weights and measures. It authorizes an inspector to halt the use of a device if the device needs repair or cannot be repaired. The bill revises inspection, testing, and correction schedules and amends certain penalty provisions. It authorizes the TDA to exempt a device from an otherwise applicable TDA requirement relating to weights and measures if the TDA determines that imposing or enforcing the requirement is not cost effective, feasible, or substantially beneficial to or protective of consumers.
House Bill 2925 expands the rulemaking authority of the commissioner of agriculture relating to the sale of motor fuels to apply to all motor fuels, rather than just those containing ethanol or methanol. It revises associated fee provisions to require fee collection from distributors, jobbers, suppliers, and wholesalers, as well as from dealers as previously required. The bill requires the TDA to adopt minimum motor fuel quality and testing standards that are consistent with applicable minimum standards of the NIST in the case of motor fuels that are blended with ethanol and consistent with applicable minimum standards of the American Society for Testing and Materials in the case of other motor fuels. It authorizes the TDA to collect samples and conduct testing at any location where motor fuel is kept, transferred, sold, or offered for sale to verify compliance with minimum standards. The bill includes related procedures and establishes an offense for refusal to allow sample collection or testing. The TDA, if it has reason to believe that motor fuel is in violation of specified laws or rules relating to sale and regulation of fuel mixtures, may issue and enforce an order to stop the sale of the fuel. The bill increases, from $500 to $5,000 per day per violation, the authorized administrative penalty for violation of the law on fuel mixtures, and requires the TDA to provide a toll-free telephone number for use by the public in reporting a violation. Certain provisions relating to motor fuel quality and testing, including stop-sale orders, take effect January 1, 2010. The remainder of the bill takes effect September 1, 2009.