Bill Text: TX HB2366 | 2019-2020 | 86th Legislature | Introduced
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.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2019-05-13 - Referred to State Affairs [HB2366 Detail]
Download: Texas-2019-HB2366-Introduced.html
Bill Title: Relating to the regulation of motor fuel quality and motor fuel metering devices.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2019-05-13 - Referred to State Affairs [HB2366 Detail]
Download: Texas-2019-HB2366-Introduced.html
By: Darby | H.B. No. 2366 |
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relating to the regulation of motor fuel quality and motor fuel | ||
metering devices. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 13.007(a), Agriculture Code, is amended | ||
to read as follows: | ||
Sec. 13.007. CIVIL PENALTY; INJUNCTION. (a) A person who | ||
violates Subchapter B or C or a rule adopted under Subchapter B or C | ||
is liable to the state for a civil penalty not to exceed $500 for | ||
each violation. Each day a violation continues may be considered a | ||
separate violation for purposes of a civil penalty assessment, up | ||
to a maximum penalty of $2,500. | ||
SECTION 2. Section 13.1016(c), Agriculture Code, is amended | ||
to read as follows: | ||
(c) A registration under this section is valid for two years | ||
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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. | ||
SECTION 3. Section 13.1017, Agriculture Code, is amended by | ||
adding Subsections (a-1) and (e) to read as follows: | ||
(a-1) A complaint under this section must include a receipt | ||
of the transaction that led to the complaint. | ||
(e) Notice required by this section must: | ||
(1) be provided to the person who last registered the | ||
motor fuel metering device by electronic mail not more than 24 hours | ||
after the complaint is received; and | ||
(2) identify the specific motor fuel metering device | ||
that led to the complaint. | ||
SECTION 4. Section 13.1151, Agriculture Code, is amended by | ||
adding Subsection (c) to read as follows: | ||
(c) Fees collected under this section may be used only to | ||
administer and enforce motor fuel metering device inspections under | ||
Section 13.1015. | ||
SECTION 5. Section 13.119, Agriculture Code, is amended to | ||
read as follows: | ||
Sec. 13.119. REMOVAL OF REGISTRATION TAG. (a) A person | ||
commits an offense if the person removes or obliterates a tag or | ||
device placed or required by the department to be placed on a | ||
weighing or measuring device under this chapter. | ||
(b) It is not an offense under this section if the person who | ||
owns or operates the motor fuel metering device: | ||
(1) has a valid registration; and | ||
(2) did not intentionally remove or obliterate the | ||
tag. | ||
(c) The department shall replace tags described by | ||
Subsection (b). | ||
SECTION 6. Section 17.072, Agriculture Code, is amended by | ||
adding Subsection (d) to read as follows: | ||
(d) Using fees collected under Section 17.104, the | ||
department shall pay all costs associated with testing under this | ||
section, including sampling costs, transportation costs, and | ||
shipping costs. | ||
SECTION 7. Section 17.073, Agriculture Code, is amended by | ||
adding Subsection (c) to read as follows: | ||
(c) The department shall not issue an order under this | ||
section for a violation of motor fuel quality standards unless | ||
laboratory results confirm that motor fuel is out of compliance | ||
with this chapter. | ||
SECTION 8. Section 17.102, Agriculture Code, is amended to | ||
read as follows: | ||
Sec. 17.102. TESTING[ |
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enforce rules adopted under Sections 17.051, 17.052, 17.053, | ||
17.055, and 17.103, [ |
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representative of the commissioner may test any motor fuel sold in | ||
this state, only in response to [ |
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complaint about the fuel. [ |
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the commissioner shall consider: | ||
(1) the nature of the violation; | ||
(2) the history of past violations; [ |
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(3) available funds under Section 17.104(d); | ||
(4) distance to nearest fuel quality laboratory; and | ||
(5) the octane of the fuel. | ||
(b) The department shall contract with five or more | ||
laboratories in the state of Texas to conduct fuel quality testing. | ||
(c) The department shall not test motor fuel based on | ||
complaints made about fuel registered to be below 88 octanes under | ||
ASTM standards. | ||
SECTION 9. Section 17.104, Agriculture Code, is amended by | ||
adding Subsection (e) to read as follows: | ||
(e) Notwithstanding any other law, the department may not in | ||
a state fiscal biennium increase a fee under Subsection (b) 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 10. Subchapter C, Chapter 17, Agriculture Code, is | ||
amended by adding Subsection 17.105 to read as follows: | ||
Section 17.105. COMPLAINTS REGARDING MOTOR FUEL QUALITY. | ||
(a) The department shall require the complainant to provide a | ||
receipt of the transaction that led to the complaint. | ||
(b) The department shall notify the dealer by electronic | ||
mail within 24 hours of receipt a complaint. | ||
(c) In a notice required by Subsection (b), the department | ||
shall identify the specific motor fuel metering device that led to | ||
the complaint. | ||
SECTION 11. Section 17.153, Agriculture Code, is amended to | ||
read as follows: | ||
Sec. 17.153. CIVIL PENALTY. A dealer, distributor, | ||
supplier, wholesaler, or jobber who violates Section 17.051, | ||
17.052, 17.053, 17.054, or 17.055 is liable to this state for a | ||
civil penalty of not less than $200 and not more than $2,500 | ||
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SECTION 12. Section 17.155(a), Agriculture Code, is amended | ||
to read as follows: | ||
Sec. 17.155. ADMINISTRATIVE PENALTY. (a) The department | ||
may impose an administrative penalty not to exceed $2,500 against a | ||
person regulated under this chapter who violates this chapter or a | ||
rule or order adopted under this chapter. An administrative penalty | ||
is imposed and collected in the manner provided by Section 12.020. | ||
SECTION 13. This Act takes effect immediately if it | ||
receives a vote of two-thirds of all the members elected to each | ||
house, as provided by Section 39, Article III, Texas Constitution. | ||
If this Act does not receive the vote necessary for immediate | ||
effect, this Act takes effect September 1, 2019. |