Bill Text: TX HB2174 | 2017-2018 | 85th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the regulation of motor fuel quality and motor fuel metering devices; authorizing fees.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Passed) 2017-06-15 - Effective on 9/1/17 [HB2174 Detail]
Download: Texas-2017-HB2174-Comm_Sub.html
Bill Title: Relating to the regulation of motor fuel quality and motor fuel metering devices; authorizing fees.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Passed) 2017-06-15 - Effective on 9/1/17 [HB2174 Detail]
Download: Texas-2017-HB2174-Comm_Sub.html
By: Darby, et al. (Senate Sponsor - Nichols) | H.B. No. 2174 | |
(In the Senate - Received from the House May 3, 2017; | ||
May 4, 2017, read first time and referred to Committee on | ||
Transportation; May 19, 2017, reported adversely, with favorable | ||
Committee Substitute by the following vote: Yeas 9, Nays 0; | ||
May 19, 2017, sent to printer.) | ||
COMMITTEE SUBSTITUTE FOR H.B. No. 2174 | By: Nichols |
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relating to the regulation of motor fuel quality and motor fuel | ||
metering devices; authorizing fees. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 13.001(a), Agriculture Code, is amended | ||
by adding Subdivision (1-a) to read as follows: | ||
(1-a) "Motor fuel metering device" means a commercial | ||
weighing or measuring device used for motor fuel sales with a | ||
maximum flow rate of 20 gallons per minute or less. | ||
SECTION 2. Section 13.029, Agriculture Code, is amended to | ||
read as follows: | ||
Sec. 13.029. EXEMPTION OF WEIGHING OR MEASURING DEVICES. | ||
(a) The department by rule may exempt a weighing or measuring device | ||
from a requirement established by this chapter if the department | ||
determines that imposing or enforcing the requirement: | ||
(1) is not cost-effective for the department; | ||
(2) is not feasible with current resources or | ||
standards; or | ||
(3) will not substantially benefit or protect | ||
consumers. | ||
(b) A motor fuel metering device is exempt from the | ||
requirements of this chapter if the motor fuel metering device is | ||
not used to: | ||
(1) calculate the amount of fuel sold in a commercial | ||
transaction; or | ||
(2) compute the charge for service. | ||
SECTION 3. Section 13.101, Agriculture Code, is amended by | ||
adding Subsection (e) to read as follows: | ||
(e) This section does not apply to a motor fuel metering | ||
device. | ||
SECTION 4. Section 13.1011, Agriculture Code, is amended by | ||
adding Subsection (e) to read as follows: | ||
(e) This section does not apply to a motor fuel metering | ||
device. | ||
SECTION 5. Subchapter C, Chapter 13, Agriculture Code, is | ||
amended by adding Sections 13.1015, 13.1016, and 13.1017 to read as | ||
follows: | ||
Sec. 13.1015. INSPECTION OF MOTOR FUEL METERING DEVICES. | ||
(a) Unless a motor fuel metering device is exempt from the | ||
application of this section by department rule, a motor fuel | ||
metering device shall be inspected, tested, and calibrated for | ||
correctness by a license holder under Subchapter I at least once | ||
every two years if the device is: | ||
(1) kept for sale, sold, or used by a proprietor, | ||
agent, lessee, or employee in proving the measure of motor fuel; or | ||
(2) purchased, offered, or submitted by a proprietor, | ||
agent, lessee, or employee for sale, hire, or award. | ||
(b) Inspection, testing, and calibration under this section | ||
must be performed by a license holder under Subchapter I under | ||
contract with the operator or user of the motor fuel metering | ||
device. | ||
Sec. 13.1016. REQUIRED REGISTRATION OF MOTOR FUEL METERING | ||
DEVICES. (a) Unless a motor fuel metering device is exempt from | ||
the application of this section by department rule, a person who | ||
owns or operates a motor fuel metering device shall register the | ||
device with the department before using the device for a commercial | ||
transaction. | ||
(b) An application for a device registration must: | ||
(1) be submitted to the department on a form | ||
prescribed by the department; | ||
(2) be accompanied by any other document or form | ||
required by the department; | ||
(3) include the registration fee required under | ||
Section 13.1151; and | ||
(4) include documentation of compliance with Section | ||
13.1015. | ||
(c) A registration under this section is valid for one year | ||
unless a different period is established by department rule. The | ||
registration must be renewed at or before the end of each | ||
registration period and the application for renewal must include | ||
documentation of compliance with Section 13.1015. | ||
(d) If a person fails to register or renew a registration as | ||
required by this section, the department may not issue a | ||
certificate to operate the motor fuel metering device. The | ||
department shall issue the certificate when the operator submits to | ||
the department the items required by Subsection (b). | ||
(e) The department may assess a late fee if the registration | ||
of one or more devices located on a premises is renewed after the | ||
end of the registration period because of a registration error, | ||
including one or more devices not properly registered, failure to | ||
register the correct type of device, or failure to timely register a | ||
previously registered device. The amount of the penalty may not | ||
exceed $50 per device, with a maximum penalty amount of $500 per | ||
year for the premises. | ||
Sec. 13.1017. COMPLAINTS REGARDING MOTOR FUEL METERING | ||
DEVICES. (a) The department shall receive complaints regarding | ||
motor fuel metering devices. | ||
(b) After receiving a complaint regarding a motor fuel | ||
metering device, the department shall determine the date the device | ||
was last inspected under Section 13.1015 and the number of | ||
complaints received by the department in the previous 12 months | ||
regarding motor fuel metering devices at the premises where the | ||
device subject to the complaint is located. | ||
(c) The department shall notify the person who last | ||
registered the motor fuel metering device and take no further | ||
action on the complaint if: | ||
(1) the motor fuel metering device was last inspected | ||
not more than 18 months before the date the complaint is received; | ||
and | ||
(2) the department received not more than two | ||
complaints in the previous 12 months regarding motor fuel metering | ||
devices at the premises where the device is located. | ||
(d) The department shall notify the person who last | ||
registered the motor fuel metering device and require the device to | ||
be inspected by a license holder under Section 13.1015 not later | ||
than one month after the notification date if: | ||
(1) the motor fuel metering device was last inspected | ||
more than 18 months before the date the complaint is received; or | ||
(2) the department received at least three complaints | ||
in the previous 12 months regarding motor fuel metering devices at | ||
the premises where the device is located. | ||
SECTION 6. Section 13.114, Agriculture Code, is amended to | ||
read as follows: | ||
Sec. 13.114. TOLERANCES. The department shall establish | ||
specifications and tolerances for commercial weighing or measuring | ||
devices used in this state. The specifications and tolerances | ||
shall be similar to those recommended by the National Institute of | ||
Standards and Technology, except that the specifications and | ||
tolerances for motor fuel metering devices shall be the same as | ||
those recommended by the National Institute of Standards and | ||
Technology. | ||
SECTION 7. Section 13.1151, Agriculture Code, is amended to | ||
read as follows: | ||
Sec. 13.1151. FEES FOR REGISTRATION AND INSPECTION. (a) | ||
The department may charge the owner or operator of a weighing or | ||
measuring device a fee, as provided by department rule, to recover | ||
the costs of registration and inspection of a weighing or measuring | ||
device required to be registered or inspected under this chapter. | ||
(b) Notwithstanding any other law, the department may not in | ||
a state fiscal biennium increase a fee under Subsection (a) for a | ||
motor fuel metering device by an amount that exceeds 10 percent of | ||
the amount of the fee at the end of the preceding state fiscal | ||
biennium. | ||
SECTION 8. Section 17.072, Agriculture Code, is amended by | ||
amending Subsections (a) and (b) and adding Subsection (a-1) to | ||
read as follows: | ||
(a) The department or a representative of the department may | ||
collect samples and conduct testing at any location where motor | ||
fuel is kept, transferred, sold, or offered for sale, to verify that | ||
the motor fuel complies with the minimum standards required by | ||
Section 17.071. | ||
(a-1) The collection of samples and conducting of testing at | ||
a dealer's location must be performed by a license holder under | ||
Subchapter I, Chapter 13, under contract with the dealer. The | ||
license holder is considered a representative of the department for | ||
purposes of this section. | ||
(b) On arriving at a facility to conduct testing under | ||
Subsection (a), a representative of the department shall notify the | ||
owner or manager of the facility of the representative's presence | ||
and purpose. The department representative shall follow the most | ||
recent applicable procedures specified by ASTM International | ||
Standard D4057, D4177, D5842, or D5854 for the collection, | ||
sampling, and handling of fuel to prepare for laboratory analysis. | ||
SECTION 9. Section 17.073(a), Agriculture Code, is amended | ||
to read as follows: | ||
(a) If the department has laboratory results to confirm | ||
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or a rule adopted under this chapter, or that the motor fuel is | ||
being sold or offered for sale in a manner that violates this | ||
chapter or a rule adopted under this chapter, the department may: | ||
(1) issue and enforce a written order to stop the sale | ||
of the motor fuel; | ||
(2) place on a device used to dispense the motor fuel a | ||
tag or other mark with the words "Out of Order"; or | ||
(3) stop the sale of the motor fuel and mark a device | ||
used to dispense the motor fuel as out of order. | ||
SECTION 10. This Act takes effect September 1, 2017. | ||
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