S.B. No. 893

	AN ACT
	relating to motor fuel quality and testing.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Subsection (c), Section 12.020, Agriculture
	Code, is amended to read as follows:
	(c)  The provisions of law subject to this section and the
	applicable penalty amounts are as follows:
	Provision Amount of Penalty
	[Chapter 41 not more than $5,000]
	Chapters 13, 14A, 17, 18, 19, 41, 46, 61,  94, 95, 101, 102, 103, 121, 125, 132,
	Chapters 13, 14A, 18,  46, 61, 72, 73, 74, 76, 94, 95, 101, 102, 103, 121, 125, 132,
	Chapters 13, 14A, 18,  46, 61,  94, 95, 101, 102, 103, 121, 125, 132,
	and 134 not more than $5,000
	[Subchapter B, Chapter 71
	[Chapter 19
	[Chapter 76 not more than $5,000]
	Subchapters A, B, and C, Chapter 71
	[Chapters 72, 73, and 74] not more than $5,000
	Chapter 14 not more than $10,000
	Chapter 1951, Occupations Code not more than $5,000
	Chapter 153, Natural Resources
	Code not more than $5,000.
	SECTION 2.  Subsection (a), Section 17.052, Agriculture
	Code, is amended to read as follows:
	(a)  Except as provided by Subsection (b), a distributor,
	supplier, wholesaler, or jobber of motor fuel may not deliver to an
	outlet in this state a motor fuel mixture that contains ethanol or
	methanol exceeding one percent by volume of the mixture unless, at
	the time of the delivery of the mixture, the person also delivers to
	the outlet receiving the delivery[:
	[(1)     signs required by Section 17.051 in a number
	sufficient for the dealer receiving the mixture to comply with that
	section; and
	[(2)]  a manifest, bill of sale, bill of lading, or
	other document evidencing delivery of the mixture, that[:
	[(A)]  includes a statement containing:
	(1) [(i)]  the percentage of ethanol or methanol
	contained in the mixture; and
	(2) [(ii)]  the types and percentages of any associated
	cosolvents contained in the mixture[; and
	[(B)     evidences delivery of the signs required
	under Subdivision (1)].
	SECTION 3.  Section 17.053, Agriculture Code, is amended to
	read as follows:
	Sec. 17.053.  RECORD OF DELIVERY DOCUMENTS; INSPECTION
	AUTHORIZED.  (a)  Each dealer shall keep a copy of each document
	required to be delivered to the dealer by Section 17.052 until the
	fourth [first] anniversary of the delivery date.  [During the first
	60 days following delivery of a fuel mixture subject to this
	chapter, the dealer shall keep a copy at the station or retail
	outlet where the motor fuel was delivered.]
	(b)  Each distributor, supplier, wholesaler, and jobber of
	motor fuel shall keep [at the person's principal place of business]
	a copy of each document required to be delivered to the dealer by
	Section 17.052 until the fourth [first] anniversary of the delivery
	date.
	(c)  The commissioner or an authorized representative of the
	commissioner may inspect documents described by this section. On
	written notice presented by the commissioner or an authorized
	representative of the commissioner to any employee at a dealer's
	station or retail outlet or mailed to the principal place of
	business of a dealer, distributor, supplier, wholesaler, or jobber,
	the dealer, distributor, supplier, wholesaler, or jobber shall
	provide the commissioner or authorized representative of the
	commissioner with the documents described by this section within
	the period specified in the notice.
	(d)  The commissioner by rule may:
	(1)  require each dealer, distributor, supplier,
	wholesaler, and jobber to maintain and make available to the
	department:
	(A)  invoices, receipts, or other transmittal
	documents or records, including electronically stored information,
	showing or describing the purchase, sale, delivery, or distribution
	of motor fuel;
	(B)  invoices, receipts, work orders, reports, or
	other documents, including electronically stored information,
	showing or describing the installation, maintenance, or repair of:
	(i)  motor fuel dispensing devices; and
	(ii)  any equipment used in connection with
	motor fuel dispensing devices to record, display, or produce
	receipts or audit trails concerning the purchase, sale, delivery,
	or distribution of motor fuel; and
	(C)  any record or other document related to the
	sampling and testing of motor fuel purchased, sold, delivered, or
	distributed by the dealer, distributor, supplier, wholesaler, or
	jobber; and
	(2)  prescribe:
	(A) [(1)]  the manner of filing documents or
	records required to be kept under this section or by department
	rule; and
	(B) [(2)]  the time, place, and manner of
	inspection of the documents or records.
	SECTION 4.  Section 17.054, Agriculture Code, is amended by
	amending Subsection (c) and adding Subsection (d) to read as
	follows:
	(c)  The commissioner or an authorized representative of the
	commissioner may inspect a document required to be kept under this
	section.  On written notice presented by the commissioner or an
	authorized representative of the commissioner to any employee at a
	dealer's station or retail outlet or mailed to the dealer's
	principal place of business, the dealer shall provide the
	commissioner or authorized representative of the commissioner with
	the documents described by this section within the period specified
	in the notice.
	(d)  The commissioner by rule may:
	(1)  require each dealer to maintain and make available
	to the department:
	(A)  invoices, receipts, or other transmittal
	documents or records, including electronically stored information,
	showing or describing the purchase, sale, delivery, or distribution
	of motor fuel;
	(B)  invoices, receipts, work orders, reports, or
	other documents, including electronically stored information,
	showing or describing the installation, maintenance, or repair of:
	(i)  motor fuel dispensing devices; and
	(ii)  any equipment used in connection with
	motor fuel dispensing devices to record, display, or produce
	receipts or audit trails concerning the purchase, sale, delivery,
	or distribution of motor fuel; and
	(C)  any record or other document related to the
	sampling and testing of motor fuel purchased, sold, delivered, or
	distributed by the dealer; and
	(2)  prescribe:
	(A)  the manner of filing documents or records
	required to be kept under this section or by department rule; and
	(B)  the time, place, and manner of inspection of
	the documents or records.
	SECTION 5.  Section 17.071, Agriculture Code, is amended to
	read as follows:
	Sec. 17.071.  MINIMUM MOTOR FUEL QUALITY AND TESTING
	STANDARDS.  (a)  The department by rule shall adopt minimum motor
	fuel quality and testing standards for motor fuel that is sold or
	offered for sale in this state.  The standards must comply with the
	nationally recognized minimum standards established by:
	(1)  the American Society for Testing and Materials[,
	as those standards existed on September 1, 2009], for motor fuels
	other than motor fuels blended with ethanol; and
	(2)  the National Institute of Standards and
	Technology, [as those standards existed on September 1, 2009, other
	than the standard vapor to liquid ratio specification] for motor
	fuels blended with ethanol.
	(b)  The department may adopt rules as necessary to bring
	about uniformity between the standards established under this
	subchapter and the nationally recognized standards described by
	Subsection (a).
	SECTION 6.  Section 17.073, Agriculture Code, is amended to
	read as follows:
	Sec. 17.073.  STOP-SALE ORDER; SHUTDOWN OF DISPENSING
	DEVICES.  (a)  If the department has reason to believe that motor
	fuel is in violation of this chapter or a rule adopted under this
	chapter, or that the motor fuel is being sold or offered for sale in
	a manner that violates this chapter or a rule adopted under this
	chapter, the department may:
	(1)  issue and enforce a written order to stop the sale
	of the motor fuel;
	(2)  place on a device used to dispense the motor fuel a
	tag or other mark with the words "Out of Order"; or
	(3)  stop the sale of the motor fuel and mark a device
	used to dispense the motor fuel as out of order.
	(b)  The department shall present an [the] order issued under
	this section to the dealer, distributor, jobber, supplier, or
	wholesaler who is in control of the motor fuel at the time the motor
	fuel or the dealer, distributor, jobber, supplier, or wholesaler of
	the motor fuel is inspected by the commissioner [is tested].  The
	person who receives the order may not sell [the] motor fuel subject
	to a stop-sale order or use a device on which the department has
	placed a tag or other mark under Subsection (a)(2) or (3) until the
	department determines that the motor fuel or device is in
	compliance with this chapter and department rules.
	SECTION 7.  Subsection (a), Section 17.155, Agriculture
	Code, is amended to read as follows:
	(a)  The department may impose an administrative penalty
	against a person regulated under this chapter who violates this
	chapter or a rule or order adopted under this chapter.  An [Except
	as otherwise provided by this section, an] administrative penalty
	is imposed and collected in the manner provided by Section 12.020.
	SECTION 8.  Subsections (c) and (d), Section 17.051, and
	Subsections (b), (c), (d), (e), (f), (g), (h), and (i), Section
	17.155, Agriculture Code, are repealed.
	SECTION 9.  The changes in law made by this Act apply only to
	an offense or other violation under Chapter 17, Agriculture Code,
	committed on or after the effective date of this Act. An offense or
	other violation committed before the effective date of this Act is
	governed by the law in effect when the offense or violation was
	committed, and the former law is continued in effect for that
	purpose. For purposes of this section, an offense or other
	violation was committed before the effective date of this Act if any
	element of the offense or violation was committed before that date.
	SECTION 10.  This Act takes effect September 1, 2011.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I hereby certify that S.B. No. 893 passed the Senate on
	April 7, 2011, by the following vote: Yeas 31, Nays 0; and that
	the Senate concurred in House amendment on May 9, 2011, by the
	following vote: Yeas 31, Nays 0.
	______________________________
	Secretary of the Senate
	I hereby certify that S.B. No. 893 passed the House, with
	amendment, on May 5, 2011, by the following vote: Yeas 146,
	Nays 0, one present not voting.
	______________________________
	Chief Clerk of the House
	Approved:
	______________________________
	Date
	______________________________
	Governor