82R8679 TRH-F
 
  By: Whitmire S.B. No. 893
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to motor fuel quality and testing.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 12.020(c), 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.  Section 17.052(a), 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
  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 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.  Section 17.155(a), 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.  Sections 17.051(c) and (d) and 17.155(b), (c),
  (d), (e), (f), (g), (h), and (i), 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.