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A BILL TO BE ENTITLED
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AN ACT
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relating to the sale and delivery of certain motor fuels. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subdivision (3), Section 1, Chapter 1033, Acts |
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of the 71st Legislature, Regular Session, 1989 (Article 8614, |
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Vernon's Texas Civil Statutes), is amended to read as follows: |
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(3) "Motor fuel," "distributor," "permissive |
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supplier," and "supplier" have [has] the meanings assigned [meaning
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given that term] by Section 162.001 [153.001], Tax Code. |
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SECTION 2. Subsection (b), Section 3, Chapter 1033, Acts of |
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the 71st Legislature, Regular Session, 1989 (Article 8614, Vernon's |
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Texas Civil Statutes), is amended to read as follows: |
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(b)(1) The sign required under Subsection (a) of this |
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section must be displayed on each face of the motor fuel pump on |
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which the price of the motor fuel mixture sold from the pump is |
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displayed. The sign must state "Contains up to 10% Ethanol" or |
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"Contains Methanol," as applicable. The sign must appear in |
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contrasting colors with block letters at least one-half inch in |
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height and one-fourth inch in width and shall be displayed in a |
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clear, conspicuous, and prominent manner, visible to customers |
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using 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 3. Section 3B, 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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Sec. 3B. DELIVERY OF MOTOR FUEL WITH AUTOMOTIVE FUEL RATING |
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LOWER THAN RATING CERTIFIED BY TRANSFER. A distributor or supplier |
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of motor fuel[, as those persons are defined by Section 153.001, Tax
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Code,] may not deliver or transfer motor fuel to a motor fuel dealer |
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in this state if the fuel contains an automotive fuel rating that is |
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lower than the certification of the automotive fuel rating the |
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distributor or supplier is required to make to the motor fuel dealer |
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under federal law. |
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SECTION 4. Subsection (a), Section 4, Chapter 1033, Acts of |
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the 71st Legislature, Regular Session, 1989 (Article 8614, Vernon's |
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Texas Civil Statutes), is amended to read as follows: |
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(a) A distributor, supplier, [wholesaler,] or permissive |
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supplier [jobber] of motor fuel[, as those persons are defined by
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Section 153.001, Tax Code,] may not make a delivery of motor fuel |
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containing ethanol or methanol if the ethanol or methanol in the |
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motor fuel mixture exceeds one percent by volume, other than a |
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delivery made into the fuel supply tanks of a motor vehicle, to any |
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outlet in this state unless the person delivers to the outlet |
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receiving the delivery at the time of 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 5. This Act takes effect September 1, 2007. |