By Hirschi, Yost H.B. No. 1686
74R5793 JRD-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of adulterated or mislabeled petroleum
1-3 products and to an increase in the motor vehicle safety inspection
1-4 fee to pay the cost of the regulation; providing a penalty.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Chapter 13, Agriculture Code, is amended by
1-7 adding Subchapter H to read as follows:
1-8 SUBCHAPTER H. THE MOTOR FUEL CONSUMER PROTECTION ACT
1-9 Sec. 13.401. DEFINITIONS. In this subchapter:
1-10 (1) "Automotive spark-ignition engine fuel" means
1-11 gasoline or a gasoline-oxygenate blend.
1-12 (2) "Container" includes a receptacle, pump, or
1-13 storage tank in which petroleum products regulated under this
1-14 subchapter are maintained.
1-15 (3) "Manufacturer" includes a refiner, producer, or
1-16 importer of a petroleum product.
1-17 (4) "Octane number" means the number assigned to an
1-18 automotive spark-ignition engine fuel that designates the antiknock
1-19 quality and that is determined according to the method designated
1-20 in the American Society for Testing and Materials (ASTM) Standard
1-21 Specification D-4814.
1-22 (5) "Petroleum product" means gasoline, diesel fuel,
1-23 liquefied petroleum gas used as a motor fuel, liquefied natural
1-24 gas, pressure appliance fuel, white gasoline, or any other motor
2-1 fuel.
2-2 (6) "Sell" includes attempt to sell, offer for sale or
2-3 assist in a sale, permit to be sold or offered for sale or
2-4 delivery, offer for delivery, trade, barter, or expose for sale.
2-5 (7) "Standard test" means a test conducted in
2-6 accordance with the latest published standard adopted by the
2-7 American Society for Testing and Materials (ASTM).
2-8 Sec. 13.402. GASOLINE SPECIFICATIONS: RULES. (a) The
2-9 department shall adopt specifications for gasoline and automotive
2-10 spark-ignition engine fuels. Each January 1 the department shall
2-11 adopt by reference the standard specifications of the American
2-12 Society for Testing and Materials (ASTM) for gasoline or automotive
2-13 spark-ignition engine fuel.
2-14 (b) The octane number for an automotive spark-ignition
2-15 engine fuel may not be less than 87.
2-16 Sec. 13.403. DIESEL FUEL AND FUEL OIL
2-17 SPECIFICATIONS: RULES. (a) "Diesel fuel" and "fuel oil" mean any
2-18 liquid petroleum product that conforms to the specifications of
2-19 this subchapter. Each January 1 the department shall adopt by
2-20 reference the standard specifications of the American Society for
2-21 Testing and Materials (ASTM) for diesel fuel and fuel oil.
2-22 (b) Diesel fuel must meet the specifications set forth in
2-23 ASTM Standard Specification D-975.
2-24 (c) Fuel oil must meet the specifications set forth in ASTM
2-25 Standard Specification D-396.
2-26 Sec. 13.404. INSPECTORS. The department shall appoint and
2-27 employ necessary inspectors to enforce this subchapter.
3-1 Sec. 13.405. AUTHORITY TO INSPECT; PRODUCT SAMPLING. (a)
3-2 The department may inspect petroleum products and may enter and
3-3 inspect any place where petroleum products are stored for sale.
3-4 (b) The department may take a sample of a petroleum product
3-5 stored for the purpose of sale.
3-6 Sec. 13.406. OFFENSE: REFUSAL TO PERMIT SAMPLING. A person
3-7 commits an offense if the person refuses to permit an agent of the
3-8 department to take a sample as authorized by this subchapter.
3-9 Sec. 13.407. OFFENSE: SALE OF CERTAIN PRODUCTS. (a) A
3-10 person commits an offense if the person sells or delivers a
3-11 petroleum product that does not meet the specifications required by
3-12 this subchapter.
3-13 (b) A person commits an offense if the person sells or
3-14 delivers a petroleum product from an unlabeled or mislabeled
3-15 container.
3-16 Sec. 13.408. SEALING CONTAINERS. (a) The department may
3-17 seal outlets and inlets of any container that contains a petroleum
3-18 product that does not meet the specifications required by this
3-19 subchapter.
3-20 (b) A person sealing an outlet or inlet shall post in a
3-21 conspicuous place on the premises where a container has been sealed
3-22 a notice stating that the sealing has been made in accordance with
3-23 this subchapter. The notice must state that it is unlawful under
3-24 Section 13.413 to:
3-25 (1) break, mutilate, or destroy the seal or seals of
3-26 the outlets or inlets;
3-27 (2) move the container; or
4-1 (3) remove the contents from the container.
4-2 Sec. 13.409. WRITTEN ORDER. The department may issue a
4-3 written order prohibiting the sale of a container or lot that
4-4 contains a petroleum product that does not meet the requirements of
4-5 this subchapter. The owner or the owner's agent may not sell or
4-6 transport a container or lot in violation of the order. An action
4-7 under this section does not affect the rights of a retailer under a
4-8 warranty of merchantability or a warranty of fitness.
4-9 Sec. 13.410. BREAKING SEAL. (a) The owner of a container
4-10 that has been sealed by the department who desires to empty the
4-11 container or relabel it to reflect its contents must give 24 hours'
4-12 written notice to the department. On receipt of the notice the
4-13 department shall contact the owner to establish a time at which an
4-14 agent for the department may be present for the removal or
4-15 relabeling.
4-16 (b) The removal of contents or proper labeling of the
4-17 container must be made at the time agreed to under this section and
4-18 in the presence of the agent removing the seal.
4-19 (c) If the contents of the container are not removed or the
4-20 container is not properly labeled at the time agreed to under this
4-21 section, an agent of the department shall reseal the container.
4-22 (d) If a container is resealed under Subsection (c), the
4-23 owner of the container or the owner's agent must give new notice in
4-24 the manner provided by Subsection (a) to remove the contents or
4-25 relabel the container.
4-26 Sec. 13.411. REMOVAL OF NOTICE AND RESTORATION TO LAWFUL
4-27 USE. On removal of the contents or proper labeling as provided by
5-1 this subchapter, an agent of the department shall remove the notice
5-2 posted under Section 13.408 and the owner of the container or the
5-3 owner's agent may restore the container to its lawful use.
5-4 Sec. 13.412. Prerequisites to Relabeling. An owner or an
5-5 owner's agent may not relabel a container, whether under the
5-6 provisions of this subchapter or otherwise, without removing from
5-7 the container all distinctive colors, brands, trademarks, or trade
5-8 names on the container of any manufacturer, refiner, producer,
5-9 distributor, or marketer that are indicative of any product not
5-10 actually contained in the container.
5-11 Sec. 13.413. Unauthorized Breaking of Seals. (a) Except as
5-12 provided by Subsection (b), a person commits an offense if the
5-13 person breaks, mutilates, or destroys a seal placed on a container
5-14 as provided by this subchapter.
5-15 (b) Subsection (a) does not apply to a person authorized by
5-16 the department to remove a seal.
5-17 Sec. 13.414. Change of Designation. (a) A person other
5-18 than the manufacturer who purchases a petroleum product to produce
5-19 a final petroleum product for sale may not change the designation
5-20 under which the product is purchased without providing prior
5-21 written notice to the department.
5-22 (b) The department shall provide forms necessary for a
5-23 person to give notice under Subsection (a). A manufacturer is not
5-24 required to include in the notice confidential proprietary
5-25 information that would be commercially damaging to the
5-26 manufacturer.
5-27 Sec. 13.415. SALE OR DELIVERY OF NONSTANDARD GASOLINE. A
6-1 person commits an offense if the person sells any product as
6-2 automotive spark-ignition engine fuel that does not conform to the
6-3 requirements of this subchapter.
6-4 Sec. 13.416. SALE OR DELIVERY OF NONSTANDARD DIESEL FUEL AND
6-5 FUEL OIL. A person commits an offense if the person sells or
6-6 delivers to any premises for the purpose of sale any product as, or
6-7 purported to be, diesel fuel or fuel oil that does not conform to
6-8 the requirements of this subchapter.
6-9 Sec. 13.417. FILLING OF CONTAINERS WITH OR DELIVERY OF
6-10 PRODUCT OTHER THAN INDICATED. A person commits an offense if, at
6-11 any place of business at which petroleum products are sold, the
6-12 person:
6-13 (1) delivers into a storage tank or container a
6-14 petroleum product other than the product identified on the label
6-15 attached to the storage tank or container; or
6-16 (2) sells through a pump or other device a petroleum
6-17 product other than the product identified on the required label,
6-18 tag, or sign attached to the pump or other device.
6-19 Sec. 13.418. DECEPTIVE, FALSE, OR MISLEADING STATEMENTS;
6-20 UNFAIR TRADE PRACTICES. (a) A person commits an offense if the
6-21 person makes a deceptive, false, or misleading statement regarding
6-22 quality, quantity, performance, price, discount, or savings in the
6-23 sale of a petroleum product regulated under this subchapter.
6-24 (b) A person commits an offense if the person offers for
6-25 sale any petroleum product that is regulated by this subchapter
6-26 and:
6-27 (1) misrepresents the grade, quality, or price of a
7-1 petroleum product;
7-2 (2) uses false or deceptive representations or
7-3 designations in connection with the sale of a petroleum product;
7-4 (3) advertises petroleum products or services and does
7-5 not sell them as advertised;
7-6 (4) advertises petroleum products of a designated
7-7 grade, trademark, or trade name and those products are not
7-8 available for sale; or
7-9 (5) falsifies any records or documents required by
7-10 this subchapter or knowingly keeps, uses, or displays records or
7-11 documents required by this subchapter that are false.
7-12 Sec. 13.419. RULES. The department shall adopt rules
7-13 necessary to inspect, test, and regulate motor fuels under this
7-14 subchapter and may adopt other rules necessary to implement this
7-15 subchapter.
7-16 Sec. 13.420. PENALTY. An offense under this subchapter is a
7-17 Class B misdemeanor.
7-18 Sec. 13.421. IMPLEMENTATION CONTRACTS. The department may
7-19 contract with a private party to carry out any of the duties
7-20 otherwise imposed on the department under this subchapter.
7-21 Sec. 13.422. FEES. (a) The Department of Public Safety
7-22 shall remit to the comptroller 25 cents of each vehicle inspection
7-23 fee collected under Section 141(c), Uniform Act Regulating Traffic
7-24 on Highways (Article 6701d, Vernon's Texas Civil Statutes), to be
7-25 used for the administration of this subchapter.
7-26 (b) The comptroller shall deposit the fees remitted to the
7-27 comptroller under Subsection (a) in an account in the general
8-1 revenue fund. Amounts in the account may be appropriated only to
8-2 the department for the purpose of administering this subchapter.
8-3 Sec. 13.423. CONSTRUCTION WITH OTHER LAWS. In the event of
8-4 a conflict between this subchapter, or a rule or specification
8-5 adopted under this subchapter, and Chapter 4, Title 132, Revised
8-6 Statutes (Article 8601 et seq., Vernon's Texas Civil Statutes),
8-7 this subchapter or a rule or specification adopted under this
8-8 subchapter controls.
8-9 SECTION 2. Section 141(c), Uniform Act Regulating Traffic on
8-10 Highways (Article 6701d, Vernon's Texas Civil Statutes), is amended
8-11 to read as follows:
8-12 (c) The fee for compulsory inspection of a motor vehicle
8-13 other than a moped, to be made under this Section, shall be Ten
8-14 Dollars and Seventy-five <Fifty> Cents ($10.75) <($10.50)>. The
8-15 fee for compulsory inspection of a moped, to be made under this
8-16 Section, shall be Six <Five> Dollars ($6.00) <and Seventy-five
8-17 Cents ($5.75)>. Five Dollars and Seventy-five <Fifty> Cents
8-18 ($5.75) <($5.50)> of each fee shall be paid to the Department and
8-19 shall, except as provided by Section 382.0622, Health and Safety
8-20 Code, and Section 13.422, Agriculture Code, be deposited in the
8-21 Motor Vehicle Inspection Fund for the purpose of paying the expense
8-22 of the administration of this law, after the deduction of Two
8-23 Dollars and Twenty-five Cents ($2.25) of each fee, which shall be
8-24 deposited by the Department in the general revenue fund. The
8-25 Department may require each official inspection station to make an
8-26 advance payment of Five Dollars and Seventy-five <Fifty> Cents
8-27 ($5.75) <($5.50)> for each inspection certificate furnished to it.
9-1 No further payment to the Department shall be required upon
9-2 issuance of the certificate. If such advance payment has been
9-3 made, the Department shall refund to the inspection station the
9-4 amount of Five Dollars and Seventy-five <Fifty> Cents ($5.75)
9-5 <($5.50)> for each unissued certificate which the inspection
9-6 station returns to the Department in accordance with rules and
9-7 regulations promulgated by the Department. The Texas Natural
9-8 Resource Conservation Commission shall refund to the Department Two
9-9 Dollars ($2.00) for each unused certificate returned to the
9-10 Department by inspection stations licensed by the Department. An
9-11 inspection station may waive the fee otherwise due from the owner
9-12 of a vehicle inspected under this Section if the inspection station
9-13 has rendered in advance to the Department the payment of Five
9-14 Dollars and Seventy-five <Fifty> Cents ($5.75) <($5.50)> for the
9-15 certificate applied to a vehicle with respect to which the owner's
9-16 fee has been so waived.
9-17 SECTION 3. This Act takes effect September 1, 1995.
9-18 SECTION 4. The importance of this legislation and the
9-19 crowded condition of the calendars in both houses create an
9-20 emergency and an imperative public necessity that the
9-21 constitutional rule requiring bills to be read on three several
9-22 days in each house be suspended, and this rule is hereby suspended.