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A BILL TO BE ENTITLED
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AN ACT
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relating to the labeling requirement for fuel pumps dispensing |
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certain gasoline and ethanol mixtures. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 3(b), Chapter 1033, Acts of the 71st |
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Legislature, Regular Session, 1989 (Article 8614, Vernon's Texas |
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Civil Statutes), is amended to read as follows: |
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(b)(1) The sign required under Subsection (a) of this section |
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must be displayed on each face of the motor fuel pump on which the |
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price of the motor fuel mixture sold from the pump is displayed. |
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The sign must state "Contains up to 10% Ethanol" or "Contains |
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Methanol," as applicable. The sign must appear in contrasting |
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colors with block letters at least one-half inch in height and |
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one-fourth inch in width and shall be displayed in a clear, |
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conspicuous, and prominent manner, visible to customers using |
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either side of the pump. |
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(2) In addition to the requirements of Subsection |
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(b)(1) of this section, if a motor fuel pump is supplied by a |
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storage tank into which motor fuel containing more than 10 percent |
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[or more] ethanol by volume or five percent or more methanol by |
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volume has been delivered within the 60-day period preceding the |
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day of the sale or offer of sale, the sign shall state the |
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percentage of ethanol or methanol by volume, to the nearest whole |
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percent, of the motor fuel having the highest percentage of ethanol |
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or methanol delivered into that storage tank within the 60-day |
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period. This subsection does not prohibit the posting of other |
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alcohol or additive information, the information and posting being |
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subject to regulations by the commissioner of agriculture. |
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SECTION 2. Section 4(a), Chapter 1033, Acts of the 71st |
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Legislature, Regular Session, 1989 (Article 8614, Vernon's Texas |
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Civil Statutes), is amended to read as follows: |
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(a) A distributor, supplier, wholesaler, or jobber of motor |
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fuel, as those persons are defined by Section 153.001, Tax Code, may |
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not make a delivery of motor fuel containing ethanol or methanol if |
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the ethanol or methanol in the motor fuel mixture exceeds one |
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percent by volume, other than a delivery made into the fuel supply |
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tanks of a motor vehicle, to any outlet in this state unless the |
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person delivers to the outlet receiving the delivery at the time of |
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the delivery of the mixture[:
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[(1) the sign described in Section 3 of this Act in
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sufficient quantities for the dealer receiving the motor fuel
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mixture to comply with the requirements of this Act; and
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[(2)] a manifest, bill of sale, bill of lading, or any |
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other document evidencing delivery of the motor fuel containing |
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ethanol or methanol, which shall include a statement showing the |
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percentage of ethanol or methanol contained in the mixture |
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delivered, and the types and percentages of associated cosolvents, |
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if any, contained in the mixture delivered. [The document shall
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also show delivery of the sign or signs, as applicable, required to
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be delivered by this subsection.] |
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SECTION 3. This Act takes effect September 1, 2007. |