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