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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 13.007(a), Agriculture Code, is amended |
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to read as follows: |
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Sec. 13.007. CIVIL PENALTY; INJUNCTION. (a) A person who |
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violates Subchapter B or C or a rule adopted under Subchapter B or C |
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is liable to the state for a civil penalty not to exceed $500 for |
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each violation. Each day a violation continues may be considered a |
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separate violation for purposes of a civil penalty assessment, up |
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to a maximum penalty of $2,500. |
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SECTION 2. Section 13.1016(c), Agriculture Code, is amended |
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to read as follows: |
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(c) A registration under this section is valid for two years |
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[one year] unless a different period greater than two years is |
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established by department rule. The registration must be renewed at |
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or before the end of each registration period and the application |
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for renewal must include documentation of compliance with Section |
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13.1015. |
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SECTION 3. Section 13.1017, Agriculture Code, is amended by |
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adding Subsections (a-1) and (e) to read as follows: |
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(a-1) A complaint under this section must include a receipt |
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of the transaction that led to the complaint. |
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(e) Notice required by this section must: |
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(1) be provided to the person who last registered the |
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motor fuel metering device by electronic mail not more than 24 hours |
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after the complaint is received; and |
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(2) identify the specific motor fuel metering device |
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that led to the complaint. |
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SECTION 4. Section 13.1151, Agriculture Code, is amended by |
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adding Subsection (c) to read as follows: |
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(c) Fees collected under this section may be used only to |
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administer and enforce motor fuel metering device inspections under |
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Section 13.1015. |
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SECTION 5. Section 13.119, Agriculture Code, is amended to |
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read as follows: |
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Sec. 13.119. REMOVAL OF REGISTRATION TAG. (a) A person |
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commits an offense if the person removes or obliterates a tag or |
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device placed or required by the department to be placed on a |
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weighing or measuring device under this chapter. |
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(b) It is not an offense under this section if the person who |
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owns or operates the motor fuel metering device: |
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(1) has a valid registration; and |
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(2) did not intentionally remove or obliterate the |
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tag. |
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(c) The department shall replace tags described by |
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Subsection (b). |
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SECTION 6. Section 17.072, Agriculture Code, is amended by |
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adding Subsection (d) to read as follows: |
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(d) Using fees collected under Section 17.104, the |
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department shall pay all costs associated with testing under this |
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section, including sampling costs, transportation costs, and |
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shipping costs. |
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SECTION 7. Section 17.073, Agriculture Code, is amended by |
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adding Subsection (c) to read as follows: |
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(c) The department shall not issue an order under this |
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section for a violation of motor fuel quality standards unless |
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laboratory results confirm that motor fuel is out of compliance |
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with this chapter. |
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SECTION 8. 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
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FREQUENCY]. (a) To determine compliance with the standards and |
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enforce rules adopted under Sections 17.051, 17.052, 17.053, |
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17.055, and 17.103, [the commissioner or] an authorized |
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representative of the commissioner may test any motor fuel sold in |
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this state, only in response to [regardless of the existence of] a |
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complaint about the fuel. [This section does not prohibit
the
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commissioner from adopting rules relating to the frequency of
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testing motor fuels.] In adopting [the] rules under this section, |
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the 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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(4) distance to nearest fuel quality laboratory; and |
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(5) the octane of the fuel. |
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(b) The department shall contract with five or more |
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laboratories in the state of Texas to conduct fuel quality testing. |
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(c) The department shall not test motor fuel based on |
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complaints made about fuel registered to be below 88 octanes under |
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ASTM standards. |
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SECTION 9. Section 17.104, Agriculture Code, is amended by |
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adding Subsection (e) to read as follows: |
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(e) Notwithstanding any other law, the department may not in |
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a state fiscal biennium increase a fee under Subsection (b) for a |
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motor fuel metering device by an amount that exceeds 10 percent of |
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the amount of the fee at the end of the preceding state fiscal |
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biennium. |
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SECTION 10. Subchapter C, Chapter 17, Agriculture Code, is |
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amended by adding Subsection 17.105 to read as follows: |
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Section 17.105. COMPLAINTS REGARDING MOTOR FUEL QUALITY. |
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(a) The department shall require the complainant to provide a |
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receipt of the transaction that led to the complaint. |
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(b) The department shall notify the dealer by electronic |
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mail within 24 hours of receipt a complaint. |
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(c) In a notice required by Subsection (b), the department |
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shall identify the specific motor fuel metering device that led to |
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the complaint. |
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SECTION 11. 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 is liable to this state for a |
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civil penalty of not less than $200 and not more than $2,500 |
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[$10,000]. |
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SECTION 12. Section 17.155(a), Agriculture Code, is amended |
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to read as follows: |
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Sec. 17.155. ADMINISTRATIVE PENALTY. (a) The department |
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may impose an administrative penalty not to exceed $2,500 against a |
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person regulated under this chapter who violates this chapter or a |
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rule or order adopted under this chapter. An administrative penalty |
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is imposed and collected in the manner provided by Section 12.020. |
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SECTION 13. This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this Act takes effect September 1, 2019. |