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A BILL TO BE ENTITLED
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AN ACT
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relating to motor fuel measuring, quality, and testing standards. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2310.060(a-1), Occupations Code, is |
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amended to read as follows: |
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(a-1) In implementing this section, the department or an |
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authorized representative of the department shall: |
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(1) follow the standards and procedures described by |
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Section 2310.203 [adopted by the department] for collecting, |
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sampling, and handling motor fuel; |
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(2) obtain the approval of the executive director or |
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the executive director's designee before taking any action under |
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this section; and |
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(3) place a tag or other notice on each motor fuel |
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dispensing device subject to an order issued by the department |
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under this section. |
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SECTION 2. Section 2310.107, Occupations Code, is amended |
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to read as follows: |
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Sec. 2310.107. TOLERANCES. The commission shall by rule |
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set the specifications [Specifications] and tolerances for motor |
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fuel metering devices to [shall] be the same as the most recently |
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adopted or amended standards [those] recommended by the National |
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Institute of Standards and Technology at the time the device is |
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used. |
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SECTION 3. Subchapter E, Chapter 2310, Occupations Code, is |
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amended by adding Section 2310.2016 to read as follows: |
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Sec. 2310.2016. MOTOR FUEL QUALITY STANDARDS. (a) The |
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commission shall by rule set the minimum quality standards for |
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motor fuel sold or offered for sale in this state to the most |
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recently adopted or amended petroleum standards on the date of the |
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sale by ASTM International. |
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(b) The commission shall adopt rules to ensure that, except |
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as provided by Section 2310.2031, gasoline or gasoline blended with |
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ethanol that is sold or offered for sale in this state meets the |
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standard specification requirements applicable to the period and |
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region, as described in the most recent edition of ASTM |
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International's publication D4814, "Standard Specification for |
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Automotive Spark-Ignition Engine Fuel." |
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SECTION 4. The heading to Section 2310.203, Occupations |
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Code, is amended to read as follows: |
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Sec. 2310.203. [TESTING OF] MOTOR FUEL QUALITY TESTING |
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STANDARDS AND PROCEDURES. |
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SECTION 5. Section 2310.203(a), Occupations Code, is |
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amended to read as follows: |
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(a) The department or an authorized representative of the |
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department may collect samples and conduct testing at any location |
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where motor fuel is kept, transferred, sold, or offered for sale to |
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verify that the motor fuel complies with the motor fuel quality |
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[minimum] standards described [required] by Section 2310.2016 |
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[2310.202]. |
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SECTION 6. Subchapter E, Chapter 2310, Occupations Code, is |
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amended by adding Section 2310.2031 to read as follows: |
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Sec. 2310.2031. EXCEPTIONS TO MOTOR FUEL QUALITY STANDARDS. |
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(a) Gasoline or gasoline blended with ethanol that is sold or |
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offered for sale in this state during periods when areas adjacent to |
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the meridian of 99° 00' west longitude line on opposite sides of the |
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line have different volatility classes under the most recently |
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adopted Schedule of U.S. Seasonal and Geographic Volatility Classes |
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in ASTM International's publication D4814, "Standard Specification |
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for Automotive Spark-Ignition Engine Fuel," conforms with this |
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chapter and commission rules if it complies with the volatility |
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class for either area. |
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(b) Gasoline sold or offered for sale in this state conforms |
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with this chapter and rules set by the commission if it meets or |
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exceeds the most recently adopted Driveability Index prescribed by |
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the Vapor Pressure and Distillation Class Requirements for vapor |
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pressure or distillation classes AAA, AA, or A under ASTM |
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International's publication D4814, "Standard Specification for |
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Automotive Spark-Ignition Engine Fuel." |
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(c) Gasoline blended with up to 15 volume percent ethanol is |
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granted a vapor pressure tolerance waiver of 1.0 pound per square |
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inch except for gasoline blends sold or offered for sale beginning |
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May 1 and ending October 1 each year in counties required to comply |
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with low emissions motor fuel standards. |
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(d) Seasonal specifications for vapor pressure may be |
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extended for a maximum period of 15 days to allow for the |
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distribution of existing stocks. New stocks of a higher volatility |
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classification may not be offered for retail sale in this state |
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before the effective date of the higher volatility classification. |
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(e) The vapor-to-liquid ratio specification under this |
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section does not apply to gasoline or gasoline ethanol blends. |
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(f) This section may not be construed to interfere with |
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regulations for low emissions motor fuels adopted by this state to |
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comply with federal law. |
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SECTION 7. The following provisions of the Occupations Code |
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are repealed: |
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(1) Section 2310.202; and |
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(2) Section 2310.203(c-1). |
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SECTION 8. The changes in law made by this Act apply only to |
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a violation committed on or after the effective date of this Act. A |
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violation committed before the effective date of this Act is |
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governed by the law in effect when the violation was committed, and |
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the former law is continued in effect for that purpose. For |
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purposes of this section, a violation was committed before the |
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effective date of this Act if any element of the violation was |
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committed before that date. |
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SECTION 9. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2025. |