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A BILL TO BE ENTITLED
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AN ACT
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relating to a prohibition on the sale of motor fuel mixed with |
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ethanol; imposing civil and criminal penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 17.051(a) and (b), Agriculture Code, |
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are amended to read as follows: |
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(a) A dealer may not sell or offer for sale motor fuel from a |
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motor fuel pump supplied by a storage tank into which motor fuel, in |
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a mixture in which at least one percent of the mixture measured by |
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volume is [ethanol or] methanol, has been delivered within the |
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60-day period preceding the date of sale or offer of sale unless the |
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dealer prominently displays on the pump from which the mixture is |
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sold a sign that complies with Subsection (b). |
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(b) A sign required by Subsection (a) must: |
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(1) be displayed on each face of the motor fuel pump on |
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which the price of the motor fuel mixture sold from the pump is |
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displayed; |
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(2) state ["Contains Ethanol" or] "Contains Methanol" |
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[Methanol," as applicable]; |
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(3) appear in contrasting colors with block letters at |
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least one-half inch high and one-fourth inch wide; and |
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(4) be displayed in a clear, conspicuous, and |
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prominent manner, visible to customers using either side of the |
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pump. |
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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 a manifest, bill of sale, bill of |
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lading, or other document evidencing delivery of the mixture, that |
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includes a statement containing: |
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(1) the percentage of [ethanol or] methanol contained |
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in the mixture; and |
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(2) the types and percentages of any associated |
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cosolvents contained in the mixture. |
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SECTION 3. Subchapter B, Chapter 17, Agriculture Code, is |
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amended by adding Section 17.056 to read as follows: |
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Sec. 17.056. SALE OF MOTOR FUEL AND ETHANOL MIXTURE |
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PROHIBITED. A dealer may not sell or offer for sale motor fuel that |
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is mixed with ethanol. |
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SECTION 4. Section 17.071(a), Agriculture Code, is amended |
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to read as follows: |
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(a) The department by rule shall adopt minimum motor fuel |
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quality and testing standards for motor fuel that is sold or offered |
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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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[, for motor fuels other than motor fuels blended with ethanol; and
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[(2)
the National Institute of Standards and
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Technology, for motor fuels blended with ethanol]. |
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SECTION 5. Section 17.102, Agriculture Code, is amended to |
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read as follows: |
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Sec. 17.102. TESTING; RULES RELATING TO TESTING FREQUENCY. |
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To determine compliance with the standards and enforce rules |
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adopted under Sections 17.051, 17.052, 17.053, 17.055, 17.056, and |
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17.103, the commissioner or an authorized representative of the |
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commissioner may test any motor fuel sold in this state, regardless |
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of the existence of a complaint about the fuel. This section does |
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not prohibit the commissioner from adopting rules relating to the |
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frequency of testing motor fuels. In adopting the rules, the |
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commissioner shall consider: |
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(1) the nature of the violation; |
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(2) the history of past violations; and |
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(3) available funds under Section 17.104(d). |
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SECTION 6. Section 17.104(a), Agriculture Code, is amended |
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to read as follows: |
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(a) The commissioner may adopt rules consistent with this |
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chapter for the regulation of the sale of motor fuels, including |
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motor fuels that contain [ethanol and] methanol. |
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SECTION 7. Section 17.152(a), Agriculture Code, is amended |
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to read as follows: |
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(a) If a dealer or a distributor, supplier, wholesaler, or |
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jobber of motor fuel violates Section 17.051, 17.052, 17.053, |
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17.054, [or] 17.055, or 17.056, a motor fuel user who purchased the |
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motor fuel and sustained damages or who has a complaint about the |
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product may bring an action against the dealer, distributor, |
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supplier, wholesaler, or jobber. |
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SECTION 8. Section 17.153, Agriculture Code, is amended to |
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read as follows: |
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Sec. 17.153. CIVIL PENALTY. A dealer, distributor, |
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supplier, wholesaler, or jobber who violates Section 17.051, |
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17.052, 17.053, 17.054, [or] 17.055, or 17.056 is liable to this |
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state for a civil penalty of not less than $200 and not more than |
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$10,000. |
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SECTION 9. Section 17.154(a), Agriculture Code, is amended |
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to read as follows: |
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(a) A person commits an offense if the person knowingly |
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violates Section 17.051, 17.052, 17.053, 17.054, [or] 17.055, or |
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17.056 or a rule adopted by the commissioner to enforce or implement |
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those sections. |
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SECTION 10. This Act takes effect September 1, 2015. |