BILL ANALYSIS H.B. 2520 By: Horn (Armbrister) State Affairs 05-26-95 Senate Committee Report (Unamended) BACKGROUND Currently, the comptroller's office regulates labeling and testing fuel pumps at service stations. PURPOSE As proposed, H.B. 2520 transfers regulatory authority of the pump labeling program from the comptroller's officer to the Department of Agriculture. RULEMAKING AUTHORITY It is the committee's opinion that rulemaking authority is granted to the commissioner of agriculture in SECTION 10 (Section 9(a), Article 8614, V.T.C.S.) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 1, Article 8614, V.T.C.S., by adding Subdivision (3), to define "automotive fuel rating." SECTION 2. Amends Section 2, Article 8614, V.T.C.S., to authorize the commissioner of agriculture (commissioner), rather than the comptroller, or a designee of the commissioner to test motor fuel sold in this state with or without a complaint about the fuel. SECTION 3. Amends Chapter 1033, Article 8614, V.T.C.S., by adding Sections 3A and 3B, as follows: Sec. 3A. SALE OF MOTOR FUEL WITH AUTOMOTIVE FUEL RATING LOWER THAN RATING POSTED ON PUMP LABEL. Prohibits a motor fuel dealer in this state from selling or offering for sale motor fuel from a motor fuel pump if the motor fuel contains an automotive fuel rating that is lower than the automotive fuel rating for that motor fuel posted on the motor fuel pump. Sec. 3B. DELIVERY OF MOTOR FUEL WITH AUTOMOTIVE FUEL RATING LOWER THAN RATING CERTIFIED BY TRANSFER. Prohibits a distributor or supplier of motor fuel from delivering or transferring motor fuel to a motor fuel dealer in this state if the fuel contains an automotive fuel rating that is lower than the certification of the automotive fuel rating the distributor or supplier is required to make to the motor fuel dealer under federal law. SECTION 4. Amends Sections 4(c)-(e), Article 8614, V.T.C.S., to make conforming changes. SECTION 5. Amends Section 5, Article 8614, V.T.C.S., to make conforming changes. SECTION 6. Amends Article 8614, V.T.C.S., by adding Section 5A, as follows: Sec. 5A. DOCUMENTS RELATING TO POSTINGS OR CERTIFICATION OF AUTOMOTIVE FUEL RATINGS. (a) Sets forth the information each motor fuel dealer in this state must retain for at least one year. (b) Sets forth the information each distributor or supplier in this state must retain for at least one year. (c) Provides that a document required to be kept under this section is subject to inspection by the commissioner or designee, any law enforcement officer, or the attorney general. SECTION 7. Amends Section 6, Article 8614, V.T.C.S., to make conforming changes. SECTION 8. Amends Section 7, Article 8614, V.T.C.S., to provide that a motor fuel dealer or distributor, supplier, wholesaler, or jobber of motor fuel who violates a provision of Section 3, 3A, 3B, 4, or 5 of this Act forfeits to the state a civil penalty of not less than $200, rather than $25, nor more than $10,000, rather than $200. SECTION 9. Amends Sections 8(a), (b), and (e), Article 8614, V.T.C.S., to make conforming changes. SECTION 10. Amends Sections 9(a) and (f), Article 8614, V.T.C.S., to set forth the authorized use of funds collected from fees under this section. Makes conforming changes. SECTION 11. Amends Section 10, Article 8614, V.T.C.S., to make a conforming change. SECTION 12. Amends Article 8614, V.T.C.S., by adding Section 11, as follows: Sec. 11. DELIVERY OF DOCUMENTS TO FEDERAL GOVERNMENT. Authorizes the commissioner or designee, or the attorney general to make a copy of any manifest, bill of sale, bill of lading, delivery ticket, letter of certification, or the document the commissioner or attorney general is entitled to inspect under this Act. Authorizes the commissioner, a designee, or attorney general to deliver the copy of a document described by this section to the federal government for purposes of prosecuting persons for violations of federal law relating to the sale or transfer of motor fuel. SECTION 13. Makes application of this Act prospective. SECTION 14. Provides that all rules adopted by the comptroller specifically for the administration of Article 8614, V.T.C.S., in effect on the effective date of this Act remain in effect until amended or repealed by the commissioner under authority granted to the commissioner by a change in law made by this Act or other law. SECTION 15. Effective date: September 1, 1995. Makes application of this Act prospective. SECTION 16. Emergency clause.