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A BILL TO BE ENTITLED
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AN ACT
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relating to fuel quality testing. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 1, Texas Agriculture Code, is amended by |
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adding Chapter 13A to read as follows: |
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Chapter 13A. UNIFORM ENGINE FUELS, PETROLEUM PRODUCTS, AND |
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AUTOMOTIVE LUBRICANTS INSPECTION. |
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SUBCHAPTER A. GENERAL PROVISIONS. |
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Sec. 13A.001. DEFINITIONS. (a) In this chapter: |
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(1) "Engine fuel" means any liquid or gaseous matter used |
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for the generation of power in an internal combustion engine. |
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(2) "Commissioner" means the commissioner of the Texas |
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Department of Agriculture and designated agents. |
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(3) "Department" means the Texas Department of Agriculture |
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and its designated agents. |
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(4) "Person" means an individual, corporation, company, |
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society, association, partnership, or governmental entity. |
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(5) "ASTM International" means an international voluntary |
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consensus standards organization formed for the development of |
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standards on characteristics and performance of materials, |
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products, systems, and services, and the promotion of related |
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knowledge. |
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(6) "Petroleum Products" means products obtained from |
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distilling and processing of petroleum (crude oil), unfinished |
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oils, recycled oils, natural gas liquids, refinery blend stocks, |
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biofuels, and other miscellaneous hydrocarbon compounds. |
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(7) "Automotive Lubricants" means any material interposed |
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between two surfaces that reduces the friction or wear between |
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them. |
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(8) "Engine Fuel Designed for Special Use" means engine |
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fuels designated by the Director requiring registration. These |
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fuels normally have no ASTM or other national consensus standards |
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applying to their quality or usability; common special fuels are |
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racing fuels and those intended for agricultural and other off-road |
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applications. |
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(9) "Sold" means kept, offered, or exposed for sale. |
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SUBCHAPTER B. ADMINISTRATIVE PROVISIONS. |
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Sec. 13A.011. ADMINISTRATION, ADOPTION OF STANDARDS, AND RULES. |
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The provisions of this Act shall be administered by the department. |
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For the purpose of administering and giving effect to the |
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provisions of this Act, the specification and test method standards |
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set forth in the most recent edition of the Annual Book of ASTM |
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standards and supplements thereto, and revisions thereof, are |
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adopted except as amended or modified as required by the department |
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to comply with federal and state laws. When no ASTM standard exists, |
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other generally recognized national consensus standards may be |
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used. The department is empowered to write rules and regulations on |
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the advertising, posting of prices, labeling, standards for, and |
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identity of fuels, petroleum products, and automotive lubricants |
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and is authorized to establish a testing laboratory. The |
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department may identify a toll free number for consumers to report |
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suspected violations of this Act. |
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Sec. 13A.012. GENERAL DUTIES AND POWERS. The department has the |
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responsibility for testing fuel mixtures and octane rating, given |
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in Vernon's Civil Statues Title 132, Occupational and Business |
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Regulation, Chapter 4, Gasoline and Petroleum Products, Article |
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8614, Section 2. By power of this act the department shall have the |
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authority to: |
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(1) Enforce and administer all the provisions of this Act by |
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inspections, analyses, and other appropriate actions. |
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(2) Have access during normal business hours to all places where |
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engine fuels, petroleum products, and automotive lubricants are |
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kept, transferred, offered, exposed for sale, or sold for the |
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purpose of examination, inspection, taking of samples, and |
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investigation. If such access is refused by the owner, agent or |
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other persons leasing the same, the department may obtain an |
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administrative search warrant from a court of competent |
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jurisdiction. |
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(3) Collect, or cause to be collected, samples of engine fuels, |
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petroleum products, and automotive lubricants marketed in this |
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state, and cause such samples to be tested or analyzed for |
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compliance with the provisions of this Act. |
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(4) Define engine fuels for special use and issue a stop-sale |
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order if found not to be in compliance and lift the stop-sale order |
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if the engine fuel for special use is brought into full compliance |
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with this Act. |
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(5) Issue a stop-sale order for any other engine fuel, petroleum |
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product, and automotive lubricant found not to be in compliance and |
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lift the stop-sale order if the engine fuel, petroleum product, or |
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automotive lubricant is brought into full compliance with this Act. |
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(6) Refuse, revoke, or suspend the registration of an engine fuel |
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designed for special use. |
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(7) Establish standards for biofuel quality . |
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(8) Delegate to appropriate personnel any of these |
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responsibilities for the proper administration of this Act. |
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Sec. 13A.013. INSPECTION FEE. There shall be a fee of $100 per |
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appropriate unit of measure on all products covered under the scope |
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of this Act marketed for the purposes of administering and |
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effectively enforcing the provisions of this Act. |
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Sec. 13A.014. PROHIBITED ACTS. It shall be unlawful to: |
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(1) Represent engine fuels, petroleum products, or |
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automotive lubricants in any manner that may deceive or tend to |
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deceive the purchaser as to the nature, brand, price, quantity, |
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and/or quality of such products. |
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(2) Fail to register an engine fuel designed for special |
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use. |
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(3) Submit incorrect, misleading, or false information |
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regarding the registration of an engine fuel designed for special |
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use. |
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(4) Hinder or obstruct the department in the performance of |
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the department's duties. |
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(5) Represent an engine fuel, petroleum product, or |
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automotive lubricant that is contrary to the provisions of this |
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Act. |
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(6) Represent automotive lubricants with an S.A.E. (Society |
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of Automotive Engineers) viscosity grade or API (American Petroleum |
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Institute) service classification other than those specified by the |
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intended purchaser. |
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SUBCHAPTER C. ENGINE FUELS DESIGNED FOR SPECIAL USE. |
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Sec. 13A.021. REGISTRATION OF ENGINE FUELS DESIGNED FOR SPECIAL |
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USE. All engine fuels designed for special use must be registered |
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with the department. Such registration shall include: |
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(1) Name, brand, or trademark under which the fuel |
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will be sold. |
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(2) Name and address of person registering the engine |
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fuel. |
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(3) The special use for which the engine fuel is |
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designed. |
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(4) A certification, declaration, or affidavit |
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stating the fuel specifications. |
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SUBCHAPTER D. ADMINISTRATIVE PENALTIES. |
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Sec. 13A.031. ASSESSMENT OF ADMINISTRATIVE PENALTIES. The |
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department may assess an administrative penalty of not more than |
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one thousand dollars ($1,000), in accordance with Sections 12.020 |
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and 12.0202 of the Texas Agriculture Code, against any person who |
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violates a provision of this Act or any rule promulgated |
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thereunder. |
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Sec. 13A.033. COLLECTION OF PENALTIES. If the respondent has |
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exhausted administrative appeals and the administrative penalty |
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has been upheld, the respondent shall pay the civil penalty within |
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180 days after the effective date of the final decision. If the |
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respondent fails to pay the penalty, a civil action may be brought |
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by the Attorney General in any court of competent jurisdiction to |
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recover the penalty. Any administrative penalty collected under |
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this Act shall be transmitted to the general revenue fund. |
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SECTION 2. This Act takes effect immediately if it receives a vote |
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of two-thirds of all the members elected to each house, as provided |
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by Section 39, Article III, Texas Constitution. If this Act does not |
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receive the vote necessary for immediate effect, this Act takes |
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effect September 1, 2009. |