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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 2310.001(a), Occupations Code, is |
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amended by adding Subdivisions (1-a) and (7-a) to read as follows: |
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(1-a) "ASTM" means ASTM International, formerly known |
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as the American Society for Testing and Materials. |
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(7-a) "NIST" means the National Institute of Standards |
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and Technology. |
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SECTION 2. 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 motor fuel quality testing standards |
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and procedures [adopted by the department] for collecting, |
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sampling, and handling motor fuel prescribed by Section 2310.203; |
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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 3. Section 2310.107, Occupations Code, is amended |
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to read as follows: |
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Sec. 2310.107. TOLERANCES. Specifications and tolerances |
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for motor fuel metering devices shall be the same as those adopted |
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in the most current edition of NIST Handbook 44 [recommended by the |
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National Institute of Standards and Technology]. |
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SECTION 4. 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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minimum quality standards for motor fuel that is sold or offered for |
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sale in this state are the most recently adopted, nationally |
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recognized ASTM petroleum standards, including subsequent |
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amendments and editions. |
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(b) Except as provided in Section 2310.2031, gasoline or |
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gasoline blended with ethanol sold or offered for sale in Texas |
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shall conform with ASTM Designation D4814 for the applicable period |
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and region at all times. |
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SECTION 5. 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 6. 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 fuel quality [minimum] |
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standards required by Section 2310.2016 [2310.202]. |
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SECTION 7. 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 sold or offered for |
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sale during periods when areas on either side of the 99-degree |
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longitude line have different volatility classes, as provided in |
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the ASTM Designation D4814 Schedule of U.S. Seasonal and Geographic |
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Volatility Classes, conforms with this chapter and commission rules |
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if it complies with the volatility class for either area. |
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(b) Gasoline sold or offered for sale that meets or exceeds |
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the Driveability Index prescribed by the ASTM Designation D4814 |
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Vapor Pressure and Distillation Class Requirements for vapor |
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pressure/distillation classes AAA, AA, or A conforms with ASTM |
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standards, this chapter, and rules set by the commission. |
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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 from May 1 |
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through October 1 in counties of this state required to comply with |
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low emissions fuels. |
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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 old stocks. However, new stocks of a higher |
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volatility classification may not be offered for retail sale before |
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the effective date of the higher volatility classification. |
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(e) The vapor-to-liquid ratio specification is waived for |
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gasoline ethanol/blends. |
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SECTION 8. 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 9. A violation committed before the effective date |
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of this Act is governed by the law in effect on the date the offense |
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or violation was committed, and the former law is continued in |
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effect for that purpose. For purposes of this section, an offense |
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or violation was committed before the effective date of this Act if |
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any element of the offense or violation was committed before that |
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date. |
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SECTION 10. 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, 2025. |