By: Chisum H.B. No. 4448

A BILL TO BE ENTITLED

AN ACT

relating to fuel quality testing.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Title 1, Texas Agriculture Code, is amended by adding Chapter 13A to read as follows: Chapter 13A. UNIFORM ENGINE FUELS, PETROLEUM PRODUCTS, AND AUTOMOTIVE LUBRICANTS INSPECTION. SUBCHAPTER A. GENERAL PROVISIONS. Sec. 13A.001. DEFINITIONS. (a) In this chapter:

(1) "Engine fuel" means any liquid or gaseous matter used for the generation of power in an internal combustion engine.

(2) "Commissioner" means the commissioner of the Texas Department of Agriculture and designated agents.

(3) "Department" means the Texas Department of Agriculture and its designated agents.

(4) "Person" means an individual, corporation, company, society, association, partnership, or governmental entity.

(5) "ASTM International" means an international voluntary consensus standards organization formed for the development of standards on characteristics and performance of materials, products, systems, and services, and the promotion of related knowledge.

(6) "Petroleum Products" means products obtained from distilling and processing of petroleum (crude oil), unfinished oils, recycled oils, natural gas liquids, refinery blend stocks, biofuels, and other miscellaneous hydrocarbon compounds.

(7) "Automotive Lubricants" means any material interposed between two surfaces that reduces the friction or wear between them.

(8) "Engine Fuel Designed for Special Use" means engine fuels designated by the Director requiring registration. These fuels normally have no ASTM or other national consensus standards applying to their quality or usability; common special fuels are racing fuels and those intended for agricultural and other off-road applications.

(9) "Sold" means kept, offered, or exposed for sale. SUBCHAPTER B. ADMINISTRATIVE PROVISIONS. Sec. 13A.011. ADMINISTRATION, ADOPTION OF STANDARDS, AND RULES. The provisions of this Act shall be administered by the department. For the purpose of administering and giving effect to the provisions of this Act, the specification and test method standards set forth in the most recent edition of the Annual Book of ASTM standards and supplements thereto, and revisions thereof, are adopted except as amended or modified as required by the department to comply with federal and state laws. When no ASTM standard exists, other generally recognized national consensus standards may be used. The department is empowered to write rules and regulations on the advertising, posting of prices, labeling, standards for, and identity of fuels, petroleum products, and automotive lubricants and is authorized to establish a testing laboratory. The department may identify a toll free number for consumers to report suspected violations of this Act. Sec. 13A.012. GENERAL DUTIES AND POWERS. The department has the responsibility for testing fuel mixtures and octane rating, given in Vernon's Civil Statues Title 132, Occupational and Business Regulation, Chapter 4, Gasoline and Petroleum Products, Article 8614, Section 2. By power of this act the department shall have the authority to: (1) Enforce and administer all the provisions of this Act by inspections, analyses, and other appropriate actions. (2) Have access during normal business hours to all places where engine fuels, petroleum products, and automotive lubricants are kept, transferred, offered, exposed for sale, or sold for the purpose of examination, inspection, taking of samples, and investigation. If such access is refused by the owner, agent or other persons leasing the same, the department may obtain an administrative search warrant from a court of competent jurisdiction. (3) Collect, or cause to be collected, samples of engine fuels, petroleum products, and automotive lubricants marketed in this state, and cause such samples to be tested or analyzed for compliance with the provisions of this Act. (4) Define engine fuels for special use and issue a stop-sale order if found not to be in compliance and lift the stop-sale order if the engine fuel for special use is brought into full compliance with this Act. (5) Issue a stop-sale order for any other engine fuel, petroleum product, and automotive lubricant found not to be in compliance and lift the stop-sale order if the engine fuel, petroleum product, or automotive lubricant is brought into full compliance with this Act. (6) Refuse, revoke, or suspend the registration of an engine fuel designed for special use. (7) Establish standards for biofuel quality . (8) Delegate to appropriate personnel any of these responsibilities for the proper administration of this Act. Sec. 13A.013. INSPECTION FEE. There shall be a fee of $100 per appropriate unit of measure on all products covered under the scope of this Act marketed for the purposes of administering and effectively enforcing the provisions of this Act. Sec. 13A.014. PROHIBITED ACTS. It shall be unlawful to:

(1) Represent engine fuels, petroleum products, or automotive lubricants in any manner that may deceive or tend to deceive the purchaser as to the nature, brand, price, quantity, and/or quality of such products.

(2) Fail to register an engine fuel designed for special use.

(3) Submit incorrect, misleading, or false information regarding the registration of an engine fuel designed for special use.

(4) Hinder or obstruct the department in the performance of the department's duties.

(5) Represent an engine fuel, petroleum product, or automotive lubricant that is contrary to the provisions of this Act.

(6) Represent automotive lubricants with an S.A.E. (Society of Automotive Engineers) viscosity grade or API (American Petroleum Institute) service classification other than those specified by the intended purchaser. SUBCHAPTER C. ENGINE FUELS DESIGNED FOR SPECIAL USE. Sec. 13A.021. REGISTRATION OF ENGINE FUELS DESIGNED FOR SPECIAL USE. All engine fuels designed for special use must be registered with the department. Such registration shall include:

(1) Name, brand, or trademark under which the fuel will be sold.

(2) Name and address of person registering the engine fuel.

(3) The special use for which the engine fuel is designed.

(4) A certification, declaration, or affidavit stating the fuel specifications. SUBCHAPTER D. ADMINISTRATIVE PENALTIES. Sec. 13A.031. ASSESSMENT OF ADMINISTRATIVE PENALTIES. The department may assess an administrative penalty of not more than one thousand dollars ($1,000), in accordance with Sections 12.020 and 12.0202 of the Texas Agriculture Code, against any person who violates a provision of this Act or any rule promulgated thereunder. Sec. 13A.033. COLLECTION OF PENALTIES. If the respondent has exhausted administrative appeals and the administrative penalty has been upheld, the respondent shall pay the civil penalty within 180 days after the effective date of the final decision. If the respondent fails to pay the penalty, a civil action may be brought by the Attorney General in any court of competent jurisdiction to recover the penalty. Any administrative penalty collected under this Act shall be transmitted to the general revenue fund. SECTION 2. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2009.