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A BILL TO BE ENTITLED
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AN ACT
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relating to the retail sale of temperature-adjusted gasoline and |
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diesel fuel. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 13, Agriculture Code, is |
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amended by adding Section 13.0241 to read as follows: |
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Sec. 13.0241. STANDARD FOR RETAIL GASOLINE AND DIESEL FUEL. |
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(a) Notwithstanding Section 13.024, the unit of measure of capacity |
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for gasoline and diesel fuel sold at retail is the |
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temperature-adjusted gallon. |
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(b) The department shall define the size of a |
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temperature-adjusted gallon of gasoline and of diesel fuel for each |
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of the following climate divisions: |
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(1) the High Plains division, consisting of Andrews, |
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Armstrong, Bailey, Briscoe, Carson, Castro, Cochran, Crosby, |
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Dallam, Dawson, Deaf Smith, Floyd, Gaines, Glasscock, Gray, Hale, |
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Hansford, Hartley, Hemphill, Hockley, Howard, Hutchinson, Lamb, |
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Lipscomb, Lubbock, Lynn, Martin, Midland, Moore, Ochiltree, |
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Oldham, Parmer, Potter, Randall, Roberts, Sherman, Swisher, Terry, |
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and Yoakum Counties; |
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(2) the Trans-Pecos division, consisting of Brewster, |
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Crane, Culberson, Ector, El Paso, Hudspeth, Jeff Davis, Loving, |
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Pecos, Presidio, Reeves, Terrell, Ward, and Winkler Counties; |
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(3) the Low Rolling Plains division, consisting of |
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Baylor, Borden, Childress, Coleman, Collingsworth, Cottle, |
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Dickens, Donley, Fisher, Foard, Garza, Hall, Hardeman, Haskell, |
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Jones, Kent, King, Knox, Mitchell, Motley, Nolan, Runnels, Scurry, |
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Stonewall, Taylor, Wheeler, Wichita, and Wilbarger Counties; |
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(4) the Edwards Plateau division, consisting of |
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Bandera, Blanco, Burnet, Coke, Concho, Crockett, Edwards, |
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Gillespie, Irion, Kendall, Kerr, Kimble, Kinney, Lampasas, Llano, |
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McCulloch, Mason, Menard, Reagan, Real, San Saba, Schleicher, |
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Sterling, Sutton, Tom Green, Upton, Uvalde, and Val Verde Counties; |
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(5) the North Central Texas division, consisting of |
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Archer, Bell, Bosque, Brown, Callahan, Clay, Collin, Comanche, |
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Cooke, Coryell, Dallas, Delta, Denton, Eastland, Ellis, Erath, |
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Falls, Fannin, Grayson, Hamilton, Hill, Hood, Hunt, Jack, Johnson, |
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Kaufman, Lamar, Limestone, McLennan, Milam, Mills, Montague, |
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Navarro, Palo Pinto, Parker, Rockwall, Shackelford, Somervell, |
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Stephens, Tarrant, Throckmorton, Williamson, Wise, and Young |
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Counties; |
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(6) the South Central Texas division, consisting of |
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Aransas, Austin, Bastrop, Bee, Bexar, Burleson, Caldwell, |
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Colorado, Comal, DeWitt, Fayette, Goliad, Gonzales, Guadalupe, |
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Hays, Karnes, Kenedy, Kleberg, Lavaca, Lee, Medina, Nueces, |
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Refugio, San Patricio, Travis, Washington, and Wilson Counties; |
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(7) the South Texas division, consisting of Atascosa, |
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Brooks, Dimmit, Duval, Frio, Jim Hogg, Jim Wells, La Salle, Live |
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Oak, McMullen, Maverick, Starr, Webb, Zapata, and Zavala Counties; |
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(8) the East Texas division, consisting of Anderson, |
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Angelina, Bowie, Brazos, Camp, Cass, Cherokee, Franklin, |
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Freestone, Gregg, Grimes, Hardin, Harrison, Henderson, Hopkins, |
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Houston, Jasper, Leon, Madison, Marion, Montgomery, Morris, |
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Nacogdoches, Newton, Panola, Polk, Rains, Red River, Robertson, |
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Rusk, Sabine, San Augustine, San Jacinto, Shelby, Smith, Titus, |
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Trinity, Tyler, Upshur, Van Zandt, Walker, Waller, and Wood |
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Counties; |
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(9) the Upper Coast division, consisting of Brazoria, |
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Calhoun, Chambers, Fort Bend, Galveston, Harris, Jackson, |
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Jefferson, Liberty, Matagorda, Orange, Victoria, and Wharton |
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Counties; and |
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(10) the Lower Valley division, consisting of Cameron, |
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Hidalgo, and Willacy Counties. |
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(c) To determine the size of a temperature-adjusted gallon |
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under this section, the department shall: |
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(1) determine the historical average temperature for |
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each climate division described by Subsection (b); |
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(2) determine the amount by which a gallon of gasoline |
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or diesel fuel at 60 degrees Fahrenheit expands or contracts when |
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heated or cooled to the historical average temperature for each |
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climate division; and |
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(3) use the amount of expansion or contraction |
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determined under Subdivision (2) to determine the size of a |
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temperature-adjusted gallon in each climate division. |
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(d) The department shall adopt rules necessary to |
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administer this section. |
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(e) The department shall: |
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(1) adopt rules under this section not later than |
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January 1, 2008; |
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(2) require that each retail gasoline and diesel fuel |
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pump in this state measure in temperature-adjusted gallons not |
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later than December 31, 2008; and |
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(3) inspect each retail gasoline and diesel fuel pump |
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in this state to ensure compliance with Subdivision (2) not later |
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than December 31, 2008. |
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(f) This subsection and Subsection (e) expire January 1, |
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2009. |
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SECTION 2. Section 13.0241, Agriculture Code, as added by |
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this Act, applies only to gasoline and diesel fuel sold at retail on |
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or after January 1, 2009. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |