By Horn H.B. No. 2520
74R7849 NSC-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the sale of certain motor fuel; providing criminal and
1-3 civil penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 1, Chapter 1033, Acts of the 71st
1-6 Legislature, Regular Session, 1989 (Article 8614, Vernon's Texas
1-7 Civil Statutes), is amended by adding Subdivision (3) to read as
1-8 follows:
1-9 (3) "Automotive fuel rating" has the meaning assigned
1-10 by 15 U.S.C. Section 2821, as amended.
1-11 SECTION 2. Section 2, Chapter 1033, Acts of the 71st
1-12 Legislature, Regular Session, 1989 (Article 8614, Vernon's Texas
1-13 Civil Statutes), is amended to read as follows:
1-14 Sec. 2. Testing. In order to determine compliance with the
1-15 standards and for the enforcement of rules adopted under Sections
1-16 3, 3A, 3B, 4, and 5 of this Act, the commissioner of agriculture
1-17 <comptroller of public accounts> or an authorized representative of
1-18 the commissioner of agriculture <comptroller>, any law enforcement
1-19 officer at the direction of a prosecuting attorney, or the attorney
1-20 general may test any motor fuel sold in this state, with or without
1-21 a complaint about the fuel.
1-22 SECTION 3. Chapter 1033, Acts of the 71st Legislature,
1-23 Regular Session, 1989 (Article 8614, Vernon's Texas Civil
1-24 Statutes), is amended by adding Sections 3A and 3B to read as
2-1 follows:
2-2 Sec. 3A. SALE OF MOTOR FUEL WITH AUTOMOTIVE FUEL RATING
2-3 LOWER THAN RATING POSTED ON PUMP LABEL. A motor fuel dealer in
2-4 this state may not sell or offer for sale motor fuel from a motor
2-5 fuel pump if the motor fuel contains an automotive fuel rating that
2-6 is lower than the automotive fuel rating for that motor fuel posted
2-7 on the motor fuel pump.
2-8 Sec. 3B. DELIVERY OF MOTOR FUEL WITH AUTOMOTIVE FUEL RATING
2-9 LOWER THAN RATING CERTIFIED BY TRANSFER. A distributor or supplier
2-10 of motor fuel, as those persons are defined by Section 153.001, Tax
2-11 Code, may not deliver or transfer motor fuel to a motor fuel dealer
2-12 in this state if the fuel contains an automotive fuel rating that
2-13 is lower than the certification of the automotive fuel rating the
2-14 distributor or supplier is required to make to the motor fuel
2-15 dealer under federal law.
2-16 SECTION 4. Sections 4(c), (d), and (e), Chapter 1033, Acts
2-17 of the 71st Legislature, Regular Session, 1989 (Article 8614,
2-18 Vernon's Texas Civil Statutes), are amended to read as follows:
2-19 (c) The commissioner of agriculture <comptroller> by rule
2-20 may prescribe the form of the statement required by Subsection (a)
2-21 of this section.
2-22 (d) The signs required to be posted by a motor fuel dealer
2-23 under Section 3 of this Act and delivered to a motor fuel dealer
2-24 under this section shall be obtained from the commissioner of
2-25 agriculture <comptroller>.
2-26 (e) If the commissioner of agriculture <comptroller>
2-27 determines that certain types of motor fuel, such as diesel or
3-1 liquefied petroleum gas, are not sold in this state as mixtures
3-2 with alcohol in sufficient quantities to warrant regulation of
3-3 those deliveries under this Act, the commissioner of agriculture
3-4 <comptroller> may limit the application of Section 3 of this Act
3-5 and this section to motor fuels sold in sufficient quantity to
3-6 warrant regulation.
3-7 SECTION 5. Section 5, Chapter 1033, Acts of the 71st
3-8 Legislature, Regular Session, 1989 (Article 8614, Vernon's Texas
3-9 Civil Statutes), is amended to read as follows:
3-10 Sec. 5. Dealer and delivery documents. (a) Each motor fuel
3-11 dealer in this state shall keep for four years a copy of each
3-12 manifest, bill of sale, bill of lading, or any other document
3-13 required to be delivered to the dealer by Section 4 of this Act.
3-14 During the first 60 days following delivery of a fuel mixture
3-15 covered by this Act, the dealer shall keep at the station or retail
3-16 outlet where the motor fuel was delivered a copy of each manifest,
3-17 bill of sale, bill of lading, or any other document required to be
3-18 delivered to the dealer by Section 4 of this Act. Each
3-19 distributor, supplier, wholesaler, or jobber of motor fuel shall
3-20 keep for four years at the principal place of business a copy of
3-21 each manifest, bill of sale, bill of lading, or any other document
3-22 required to be delivered to the dealer by Section 4 of this Act.
3-23 The documents are subject to inspection by the commissioner of
3-24 agriculture <comptroller> or an authorized representative of the
3-25 commissioner of agriculture <comptroller>, any law enforcement
3-26 officer, or the attorney general.
3-27 (b) The commissioner of agriculture <comptroller> by rule
4-1 may prescribe the manner of filing documents required to be kept
4-2 under Subsection (a) of this section, and the time, place, and
4-3 manner of inspection of the documents.
4-4 SECTION 6. Chapter 1033, Acts of the 71st Legislature,
4-5 Regular Session, 1989 (Article 8614, Vernon's Texas Civil
4-6 Statutes), is amended by adding Section 5A to read as follows:
4-7 Sec. 5A. DOCUMENTS RELATING TO POSTINGS OR CERTIFICATION OF
4-8 AUTOMOTIVE FUEL RATINGS. (a) Each motor fuel dealer in this state
4-9 shall keep for at least one year a copy of:
4-10 (1) each delivery ticket or letter of certification on
4-11 which the motor fuel dealer based a posting of the automotive fuel
4-12 rating of motor fuel contained in a motor fuel pump;
4-13 (2) records of any automotive fuel rating
4-14 determination made by the motor fuel dealer under 16 CFR Part 306,
4-15 as amended; and
4-16 (3) each delivery ticket or letter of certification
4-17 that is required to be delivered to the dealer under 16 CFR Part
4-18 306.
4-19 (b) Each distributor or supplier shall keep for at least one
4-20 year at the principal place of business a copy of each delivery
4-21 ticket or letter of certification required to be delivered by the
4-22 distributor or supplier to a motor fuel dealer in this state under
4-23 16 CFR Part 306, as amended.
4-24 (c) A document required to be kept under this section is
4-25 subject to inspection by the commissioner of agriculture or an
4-26 authorized representative of the commissioner of agriculture, any
4-27 law enforcement officer, or the attorney general.
5-1 SECTION 7. Section 6, Chapter 1033, Acts of the 71st
5-2 Legislature, Regular Session, 1989 (Article 8614, Vernon's Texas
5-3 Civil Statutes), is amended to read as follows:
5-4 Sec. 6. Civil action. (a) If a motor fuel dealer or a
5-5 distributor, supplier, wholesaler, or jobber of motor fuel violates
5-6 Section 3, 3A, 3B, 4, or 5 of this Act, any motor fuel user who has
5-7 purchased the fuel and who has suffered damages or has a complaint
5-8 about the product may maintain a civil action against the motor
5-9 fuel dealer or the distributor, supplier, wholesaler, or jobber of
5-10 motor fuel. The action may be brought, without regard to any
5-11 specific amount in damages, in the district court in any county in
5-12 which the motor fuel dealer, distributor, supplier, wholesaler, or
5-13 jobber is doing business or in which the motor fuel user resides.
5-14 (b) In any action under this section, the court shall award
5-15 to the motor fuel user who prevails the amount of actual damages
5-16 and grant such equitable relief as the court determines is
5-17 necessary to remedy the effects of the motor fuel dealer's
5-18 violation or the distributor, supplier, wholesaler, or jobber's
5-19 violation of the provisions of Section 3, 3A, 3B, 4, or 5 of this
5-20 Act, including declaratory judgment, permanent injunctive relief,
5-21 and temporary injunctive relief. In addition, the court shall
5-22 award to the motor fuel user who prevails in an action brought
5-23 hereunder court costs and attorney's fees that are reasonable in
5-24 relation to the amount of work expended.
5-25 (c) In addition to the remedies provided in Subsection (b)
5-26 of this section, if the trier of fact finds that the violation was
5-27 committed wilfully or knowingly by the defendant, the trier of fact
6-1 shall award not more than three times the amount of actual damages.
6-2 (d) A violation of Section 3, 3A, 3B, 4, or 5 of this Act is
6-3 also a deceptive trade practice under Subchapter E, Chapter 17,
6-4 Business & Commerce Code.
6-5 (e) Any action alleging a violation of Section 3, 3A, 3B, 4,
6-6 or 5 of this Act shall be commenced and prosecuted within two years
6-7 after the date the cause of action accrued.
6-8 SECTION 8. Section 7, Chapter 1033, Acts of the 71st
6-9 Legislature, Regular Session, 1989 (Article 8614, Vernon's Texas
6-10 Civil Statutes), is amended to read as follows:
6-11 Sec. 7. Civil penalty. A motor fuel dealer or a
6-12 distributor, supplier, wholesaler, or jobber of motor fuel who
6-13 violates a provision of Section 3, 3A, 3B, 4, or 5 of this Act
6-14 forfeits to the state a civil penalty of not less than $200 <$25>
6-15 nor more than $10,000 <$200>.
6-16 SECTION 9. Sections 8(a), (b), and (e), Chapter 1033, Acts
6-17 of the 71st Legislature, Regular Session, 1989 (Article 8614,
6-18 Vernon's Texas Civil Statutes), are amended to read as follows:
6-19 (a) A person commits an offense if the person intentionally
6-20 or knowingly violates Section 3, 3A, 3B, 4, or 5 of this Act or any
6-21 rule of the commissioner of agriculture <comptroller> prescribed to
6-22 enforce or implement those sections of this Act.
6-23 (b) A person commits an offense if the person intentionally
6-24 or knowingly:
6-25 (1) refuses to permit a person authorized by Section 2
6-26 of this Act to test any motor fuel sold or held for sale in this
6-27 state;
7-1 (2) refuses to permit inspection of any document
7-2 required to be kept or delivered by this Act upon request of a
7-3 person authorized to inspect such documents by Section 5 or 5A of
7-4 this Act; or
7-5 (3) mutilates, destroys, secretes, forges, or
7-6 falsifies any document, record, report, or sign required to be
7-7 delivered, kept, filed, or posted by this Act or any rule
7-8 prescribed by the comptroller for the enforcement of this Act.
7-9 (e) A user, the commissioner of agriculture <comptroller> or
7-10 the <comptroller's> authorized representative of the commissioner
7-11 of agriculture, any law enforcement officer, or the attorney
7-12 general may file a complaint under this section.
7-13 SECTION 10. Sections 9(a) and (f), Chapter 1033, Acts of the
7-14 71st Legislature, Regular Session, 1989 (Article 8614, Vernon's
7-15 Texas Civil Statutes), are amended to read as follows:
7-16 (a) The commissioner of agriculture <comptroller> may adopt
7-17 rules not inconsistent with this Act for the regulation of the sale
7-18 of motor fuels containing ethanol and methanol.
7-19 (f) The fees collected under this section may be used only:
7-20 (1) by the comptroller to defray the cost of
7-21 collecting fees and penalties imposed by this Act; or
7-22 (2) by the commissioner of agriculture for the
7-23 administration and enforcement of this Act <by the comptroller and
7-24 shall be deposited in the Comptroller's Operating Fund 062>.
7-25 SECTION 11. Section 10, Chapter 1033, Acts of the 71st
7-26 Legislature, Regular Session, 1989 (Article 8614, Vernon's Texas
7-27 Civil Statutes), is amended to read as follows:
8-1 Sec. 10. CONTRACTING FOR ENFORCEMENT. The commissioner of
8-2 agriculture <comptroller> may contract for the enforcement of this
8-3 Act after due notice.
8-4 SECTION 12. Chapter 1033, Acts of the 71st Legislature,
8-5 Regular Session, 1989 (Article 8614, Vernon's Texas Civil
8-6 Statutes), is amended by adding Section 11 to read as follows:
8-7 Sec. 11. DELIVERY OF DOCUMENTS TO FEDERAL GOVERNMENT. The
8-8 commissioner of agriculture, an authorized representative of the
8-9 commissioner of agriculture, or the attorney general may make a
8-10 copy of any manifest, bill of sale, bill of lading, delivery
8-11 ticket, letter of certification, or other document the commissioner
8-12 or attorney general is entitled to inspect under this Act. The
8-13 commissioner of agriculture, an authorized representative of the
8-14 commissioner of agriculture, or the attorney general may deliver
8-15 the copy of a document described by this section to the federal
8-16 government for purposes of prosecuting persons for violations of
8-17 federal law relating to the sale or transfer of motor fuel.
8-18 SECTION 13. The changes in law made by this Act relating to
8-19 a penalty that may be imposed apply only to a violation that occurs
8-20 on or after the effective date of this Act. A violation occurs on
8-21 or after the effective date of this Act if each element of the
8-22 violation occurs on or after that date. A violation that occurs
8-23 before the effective date of this Act is covered by the law in
8-24 effect when the violation occurred, and the former law is continued
8-25 in effect for that purpose.
8-26 SECTION 14. All rules adopted by the comptroller
8-27 specifically for the administration of Chapter 1033, Acts of the
9-1 71st Legislature, Regular Session, 1989 (Article 8614, Vernon's
9-2 Texas Civil Statutes), in effect on the effective date of this Act
9-3 remain in effect until amended or repealed by the commissioner of
9-4 agriculture under authority granted to the commissioner of
9-5 agriculture by a change in law made by this Act or other law.
9-6 SECTION 15. This Act takes effect September 1, 1995, and
9-7 applies only to deliveries, transfers, or sales, as applicable, of
9-8 motor fuel that occur on or after that date.
9-9 SECTION 16. The importance of this legislation and the
9-10 crowded condition of the calendars in both houses create an
9-11 emergency and an imperative public necessity that the
9-12 constitutional rule requiring bills to be read on three several
9-13 days in each house be suspended, and this rule is hereby suspended.