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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of motor fuel quality and motor fuel |
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metering devices. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 13.001(a), Agriculture Code, is amended |
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by adding Subdivision (2-a) to read as follows: |
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(2-a) "Motor fuel metering device" means a commercial |
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weighing or measuring device used for motor fuel sales with a |
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maximum flow rate of 20 gallons per minute or less. |
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SECTION 2. Section 13.002, Agriculture Code, is amended by |
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adding Subsection (c) to read as follows: |
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(c) The department shall contract with one or more license |
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holders under Subchapter I to perform the department's duties under |
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this chapter related to motor fuel metering devices. A reference in |
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this chapter to the commissioner or department in the context of a |
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contracted service means the contractor. |
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SECTION 3. Section 13.101, Agriculture Code, is amended by |
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adding Subsection (e) to read as follows: |
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(e) This section does not apply to a motor fuel metering |
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device. |
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SECTION 4. Section 13.1011, Agriculture Code, is amended by |
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adding Subsection (e) to read as follows: |
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(e) This section does not apply to a motor fuel metering |
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device. |
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SECTION 5. Subchapter C, Chapter 13, Agriculture Code, is |
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amended by adding Section 13.1015 to read as follows: |
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Sec. 13.1015. INSPECTION OF MOTOR FUEL METERING DEVICES. |
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Unless a motor fuel metering device is exempt from the application |
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of this section by department rule, a motor fuel metering device |
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shall be inspected, tested, and calibrated for correctness by a |
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license holder under Subchapter I at least once every two years if |
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the device is: |
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(1) kept for sale, sold, or used by a proprietor, |
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agent, lessee, or employee in proving the measure of motor fuel; or |
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(2) purchased, offered, or submitted by a proprietor, |
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agent, lessee, or employee for sale, hire, or award. |
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SECTION 6. Subchapter C, Chapter 13, Agriculture Code, is |
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amended by adding Section 13.1016 to read as follows: |
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Sec. 13.1016. REQUIRED REGISTRATION OF MOTOR FUEL METERING |
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DEVICES. (a) Unless a motor fuel metering device is exempt from |
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the application of this section by department rule, a person who |
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owns or operates a motor fuel metering device shall register the |
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device with the department before using the device for a commercial |
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transaction. |
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(b) An application for a device registration must: |
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(1) be submitted to the department on a form |
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prescribed by the department; |
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(2) be accompanied by any other document or form |
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required by the department; |
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(3) include the registration fee required under |
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Section 13.1151; and |
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(4) include documentation of compliance with Section |
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13.1015. |
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(c) A registration under this section is valid for one year |
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unless a different period is established by department rule. The |
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registration must be renewed at or before the end of each |
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registration period and the application for renewal must include |
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documentation of compliance with Section 13.1015. |
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(d) If a person fails to register or renew a registration as |
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required by this section, the department may not issue a |
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certificate to operate the motor fuel metering device. The |
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department shall issue the certificate when the operator submits to |
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the department the items required by Subsection (b). |
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SECTION 7. Section 13.114, Agriculture Code, is amended to |
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read as follows: |
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Sec. 13.114. TOLERANCES. The department shall establish |
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specifications and tolerances for commercial weighing or measuring |
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devices used in this state. The specifications and tolerances |
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shall be similar to those recommended by the National Institute of |
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Standards and Technology, except that the specifications and |
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tolerances for motor fuel metering devices shall be the same as |
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those recommended by the National Institute of Standards and |
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Technology. |
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SECTION 8. Subchapter A, Chapter 17, Agriculture Code, is |
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amended by adding Section 17.002 to read as follows: |
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Sec. 17.002. PERFORMANCE OF DUTIES UNDER CONTRACT. (a) The |
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department shall contract with one or more license holders under |
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Subchapter I, Chapter 13, to perform the department's duties under |
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this chapter, including collecting samples and conducting testing |
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under Section 17.072. |
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(b) A reference in this chapter to the commissioner or |
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department in the context of a contracted service means the |
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contractor. |
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SECTION 9. Sections 17.072(a) and (b), Agriculture Code, |
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are amended to read as follows: |
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(a) The department or a representative of the department may |
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collect samples and conduct testing at any location where motor |
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fuel is kept, transferred, sold, or offered for sale, to verify that |
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the motor fuel complies with the minimum standards required by |
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Section 17.071. |
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(b) On arriving at a facility to conduct testing under |
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Subsection (a), a representative of the department shall notify the |
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owner or manager of the facility of the representative's presence |
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and purpose. The department representative shall follow the most |
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recent applicable procedures specified by ASTM International |
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Standard D4057, D4177, D5842, or D5854 for the collection, |
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sampling, and handling of fuel to prepare for laboratory analysis. |
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SECTION 10. Section 17.073(a), Agriculture Code, is amended |
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to read as follows: |
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(a) If the department has laboratory results to confirm |
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[reason to believe] that motor fuel is in violation of this chapter |
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or a rule adopted under this chapter, or that the motor fuel is |
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being sold or offered for sale in a manner that violates this |
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chapter or a rule adopted under this 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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SECTION 11. Section 17.151, Agriculture Code, is repealed. |
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SECTION 12. This Act takes effect September 1, 2017. |