Bill Text: TX SB2119 | 2019-2020 | 86th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the transfer of the regulation of motor fuel metering and motor fuel quality from the Department of Agriculture to the Texas Department of Licensing and Regulation; providing civil and administrative penalties; creating criminal offenses; requiring occupational licenses; authorizing fees.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Passed) 2019-06-14 - See remarks for effective date [SB2119 Detail]
Download: Texas-2019-SB2119-Introduced.html
Bill Title: Relating to the transfer of the regulation of motor fuel metering and motor fuel quality from the Department of Agriculture to the Texas Department of Licensing and Regulation; providing civil and administrative penalties; creating criminal offenses; requiring occupational licenses; authorizing fees.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Passed) 2019-06-14 - See remarks for effective date [SB2119 Detail]
Download: Texas-2019-SB2119-Introduced.html
2019S0382-T 03/07/19 | ||
By: Alvarado | S.B. No. 2119 |
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relating to the transfer of the regulation of motor fuel metering | ||
and motor fuel quality from the Texas Department of Agriculture to | ||
the Texas Department of Licensing and Regulation. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subtitle A, Title 14, Occupations Code, is | ||
amended by adding Chapter 2310 to read as follows: | ||
CHAPTER 2310. MOTOR FUEL AND METERING AND QUALITY | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 2310.001. DEFINITIONS. (a) In this chapter: | ||
(1) "Commission" means the Texas Commission of | ||
Licensing and Regulation. | ||
(2) "Department" means the Texas Department of | ||
Licensing and Regulation. | ||
(3) "Commercial weighing or measuring device" means a | ||
weighing or measuring device used in a commercial transaction. | ||
(4) "Dealer" means a person who: | ||
(A) is the operator of a service station or other | ||
retail outlet; and | ||
(B) delivers motor fuel into the fuel tanks of | ||
motor vehicles or motor boats. | ||
(5) "Motor fuel" has the meaning assigned by Section | ||
162.001, Tax Code. | ||
(6) "Motor fuel metering device" means a commercial | ||
weighing or measuring device used for motor fuel sales. | ||
(7) "Operator" or "user" means a person in possession | ||
or control of a weighing or measuring device. | ||
(8) "Sell" includes barter or exchange. | ||
(9) "Weighing or measuring device" means a scale or a | ||
mechanical or electronic device used to dispense or deliver a motor | ||
fuel by weight, volume, flow rate, or other measure or to compute | ||
the charge for a service. | ||
(10) "Weight or measure of a motor fuel" means the | ||
weight or measure of a motor fuel as determined by a weighing or | ||
measuring device. | ||
(b) A reference to the weight of a motor fuel in this chapter | ||
is a reference to the net weight of the motor fuel. | ||
Sec. 2310.002. ENFORCEMENT OF CHAPTER. | ||
(a) Notwithstanding any other law, the department shall enforce | ||
the provisions of this chapter and shall supervise all motor fuel | ||
metering devices sold or offered for sale in this state. The | ||
department may purchase apparatus as necessary for the | ||
administration of this chapter. | ||
(b) To the extent that this chapter conflicts with Chapter | ||
13, Agriculture Code, with regard to motor fuel metering devices, | ||
this chapter controls. | ||
(c) The department may contract with one or more license | ||
holders under Subchapter D of this chapter or Subchapter I, Chapter | ||
13, Agriculture Code, to perform the department's duties under this | ||
chapter related to motor fuel metering devices. A reference in this | ||
chapter to the commission or department in the context of a | ||
contracted service means the contractor. | ||
Sec. 2310.003. 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. | ||
(b) On request of the department, the attorney general or | ||
the county attorney or district attorney of the county in which the | ||
violation is alleged to have occurred shall file suit to collect the | ||
penalty. | ||
(c) A civil penalty collected under this section shall be | ||
deposited in the state treasury to the credit of the general revenue | ||
fund. All civil penalties recovered in suits first instituted by a | ||
local government or governments under this section shall be equally | ||
divided between the State of Texas and the local government or | ||
governments with 50 percent of the recovery to be paid to the | ||
general revenue fund and the other 50 percent equally to the local | ||
government or governments first instituting the suit. | ||
(d) The department is entitled to appropriate injunctive | ||
relief to prevent or abate a violation of this chapter or a rule | ||
adopted under this chapter. On request of the department, the | ||
attorney general or the county or district attorney of the county in | ||
which the alleged violation is threatened or is occurring shall | ||
file suit for the injunctive relief. Venue is in the county in | ||
which the alleged violation is threatened or is occurring. | ||
(e) The department and the attorney general may each recover | ||
reasonable expenses incurred in obtaining injunctive relief and | ||
civil penalties under this section, including investigative costs, | ||
court costs, reasonable attorney's fees, witness fees, and | ||
deposition expenses. The expenses recovered by the department may | ||
be appropriated only to the department for the administration and | ||
enforcement of this chapter. The expenses recovered by the | ||
attorney general may be appropriated only to the attorney general. | ||
SUBCHAPTER B. STANDARD WEIGHTS AND MEASURES FOR MOTOR FUEL | ||
METERING DEVICES | ||
Sec. 2310.051. LEGAL STANDARDS. (a) The legal standard | ||
for the weight or measure of a motor fuel in this state is the | ||
standard weight or measure adopted and used by the government of the | ||
United States for that motor fuel. If the United States does not | ||
provide a standard weight or measure for a motor fuel, the standard | ||
for that motor fuel is that established by this subchapter. | ||
(b) The commission may adopt rules for the purpose of | ||
administering this subchapter and bringing about uniformity | ||
between the standards established under this subchapter and the | ||
standards established by federal law. | ||
(c) Except as otherwise provided by an express contract, a | ||
contract for work or sales by weight or measure of a motor fuel | ||
shall be construed in accordance with the standards of this | ||
subchapter. | ||
(d) The standards of this subchapter shall be the guide for | ||
making any adjustment of weighing or measuring devices under the | ||
law of this state. | ||
Sec. 2310.052. STANDARD FOR LIQUID CAPACITY. (a) The | ||
standard unit of measure of capacity for liquids is the gallon. | ||
(b) Except as provided by Subsections (c) and (d), all other | ||
measures of capacity for liquids are derived from the gallon by | ||
continual division by two, making half gallons, quarts, pints, | ||
half-pints, and gills. | ||
(c) A mechanism or machine that is adapted to measure and | ||
deliver liquid by volume and that indicates fractional parts of a | ||
gallon shall indicate the fractional parts either in terms of | ||
binary submultiple subdivisions or in terms of tenths of a gallon. | ||
(d) For purposes of the retail sale of motor fuel only, the | ||
liquid gallon contains 231 cubic inches without adjustment based on | ||
the temperature of the liquid. | ||
Sec. 2310.053. EXEMPTION OF WEIGHING OR MEASURING DEVICES. | ||
(a) The commission by rule may exempt a motor fuel metering device | ||
from a requirement established by this chapter if the commission | ||
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. | ||
Sec. 2310.054. SALE OF MOTOR FUEL BY PROPER MEASURE. | ||
(a) Except as otherwise provided by this section, motor fuel shall | ||
be sold by liquid measure. | ||
(b) A person violates this chapter if, in violation of this | ||
section, the person sells motor fuel by other than liquid measure. | ||
Sec. 2310.055. PRICE ADVERTISEMENT; MISREPRESENTATION OF | ||
PRICE OR QUANTITY. (a) If a price sign, card, tag, poster, or | ||
other advertisement displaying the price of motor fuel includes a | ||
whole number and a fraction, the figures in the fraction shall be of | ||
proportionate size and legibility to those of the whole number. | ||
(b) A person violates this chapter if the person: | ||
(1) misrepresents the price of motor fuel sold or | ||
offered or exposed for sale; or | ||
(2) represents the price or the quantity of motor fuel | ||
sold or offered or exposed for sale in a manner intended or tending | ||
to mislead or deceive an actual or prospective customer. | ||
Sec. 2310.056. FALSE REPRESENTATION OF MOTOR FUEL QUANTITY. | ||
A person violates this chapter if the person or the person's servant | ||
or agent: | ||
(1) sells or offers or exposes for sale a quantity of | ||
motor fuel that is less than the quantity the person represents; or | ||
(2) as a buyer furnishing the weight or measure of a | ||
motor fuel by which the amount of the motor fuel is determined, | ||
takes or attempts to take more than the quantity the person | ||
represents. | ||
Sec. 2310.057. USE OF INCORRECT MOTOR FUEL METERING DEVICE. | ||
(a) A person commits an offense if the person or the person's | ||
representative or agent knowingly uses an incorrect measuring | ||
device in: | ||
(1) buying or selling motor fuel; | ||
(2) computing a charge for services rendered on the | ||
basis of measure; or | ||
(3) determining the measure of motor fuel, if a charge | ||
is made for the determination. | ||
(b) For the purpose of this section, a measuring device is | ||
incorrect if it: | ||
(1) does not conform as closely as practicable to the | ||
official standard; | ||
(2) is not accurate; | ||
(3) is of a construction that is not reasonably | ||
permanent in adjustment or does not correctly repeat its | ||
indications; | ||
(4) facilitates the perpetration of fraud; or | ||
(5) does not conform to the specifications and | ||
tolerances established by the department under Section 2310.108. | ||
Sec. 2310.058. SALE OF MOTOR FUEL IN VIOLATION OF | ||
SUBCHAPTER. A person violates this chapter if the person or the | ||
person's representative or agent sells or keeps, offers, or exposes | ||
for sale motor fuel in violation of this subchapter. | ||
Sec. 2310.059. TESTING BY DEPARTMENT. (a) The department | ||
shall from time to time measure an amount of motor fuel that is kept | ||
or offered for sale, sold, or in the process of delivery, in order | ||
to determine: | ||
(1) if the motor fuel is of the amount or quantity | ||
represented; or | ||
(2) if the motor fuel is being offered for sale or sold | ||
in accordance with law. | ||
(b) If the department finds that any lot of motor fuel | ||
contains less of the motor fuel than the amount represented, the | ||
department may seize the motor fuel as evidence. | ||
(c) A person commits an offense if the person or the | ||
person's employee or agent refuses to exhibit motor fuel being sold | ||
or offered for sale at a given weight or quantity, or ordinarily | ||
sold in that manner, to the department for testing and proving as to | ||
quantity. | ||
Sec. 2310.060. STOP-SALE ORDER. (a) If the department has | ||
reason to believe that motor fuel is being sold or kept, offered, or | ||
exposed for sale in violation of this chapter or that motor fuel is | ||
being sold or offered for sale by or through the use of a motor fuel | ||
metering device that is in violation of this chapter, the | ||
department may issue and enforce a written or printed order to stop | ||
the sale of the motor fuel. The department shall present the order | ||
to the owner or custodian of the motor fuel or seller of the motor | ||
fuel. The person receiving the order may not sell the motor fuel or | ||
provide the service until discharged by a court under Subsection | ||
(b) or until the commission finds that the motor fuel or motor fuel | ||
metering device is in compliance with this chapter. | ||
(b) The owner or custodian of motor fuel or a person selling | ||
or offering for sale a service prohibited from sale by an order of | ||
the department is entitled to sue in a court of competent | ||
jurisdiction where the motor fuel is found or the service is being | ||
sold or offered for sale for a judgment as to the justification of | ||
the order and for the discharge of the motor fuel in accordance with | ||
the findings of the court. | ||
(c) This section does not limit the right of the department | ||
to proceed as authorized by other sections of this code. | ||
Sec. 2310.061. PENALTIES; DEFENSE. (a) An offense under | ||
Section 2310.057 or 2310.059 is a Class C misdemeanor. | ||
(b) It is a defense to prosecution or to the imposition of a | ||
civil or administrative penalty for a violation of Section 2310.111 | ||
or 2310.056 that a discrepancy between the actual volume at the time | ||
of sale to a consumer or a discrepancy between the fill of a | ||
container and the capacity of the container is due to unavoidable | ||
leakage, shrinkage, evaporation, waste, or causes beyond the | ||
control of the seller acting in good faith. | ||
SUBCHAPTER C. INSPECTION AND REGISTRATION OF MOTOR FUEL METERING | ||
DEVICES | ||
Sec. 2310.101. AUTHORITY TO INSPECT. (a) If the | ||
department has reason to believe that a motor fuel metering device | ||
is being used for a commercial transaction and the device is not | ||
registered with the department, the department may inspect the | ||
device and the records of the owner, operator, or user of the device | ||
that relate to use of the device to determine whether the device is | ||
in compliance with this chapter. | ||
(b) The department has reason to believe a motor fuel | ||
metering device is being used for a commercial transaction if: | ||
(1) the motor fuel metering device is found in close | ||
proximity to motor fuel being sold or offered for sale by measure | ||
and the device appears to be under the control or in the possession | ||
of the person selling the motor fuel or offering the motor fuel for | ||
sale; or | ||
(2) other available evidence is sufficient for a | ||
prudent person to believe that the motor fuel metering device is | ||
being used for a commercial transaction. | ||
Sec. 2310.105. REPAIR OR DESTRUCTION OF INCORRECT MOTOR | ||
FUEL METERING DEVICES. (a) If, in the judgment of the department, | ||
a motor fuel metering device found to be incorrect is not capable of | ||
being repaired, the department may condemn, seize, and destroy the | ||
device. | ||
(b) If, in the judgment of the department, an incorrect | ||
motor fuel metering device is capable of being repaired, the | ||
department shall place on the device a tag or other mark with the | ||
words "Out of Order." The owner or user of the motor fuel metering | ||
device may not use it until it is reinspected and released for use | ||
by the department or inspected and released for use in any other | ||
manner authorized by commission rule. | ||
(c) The owner, operator, or user of a motor fuel metering | ||
device may not destroy, replace, or otherwise dispose of a device | ||
declared to be incorrect or condemned under this section except as | ||
provided by department rule. | ||
Sec. 2310.106. TESTS FOR STATE INSTITUTIONS. As requested | ||
by the comptroller or the governing body of a state institution, the | ||
department shall test each motor fuel metering device used by a | ||
state institution for any purpose, including a motor fuel metering | ||
device used in checking the receipt and distribution of supplies. | ||
The department shall report results of the test to the chairman of | ||
the governing body of the institution. | ||
Sec. 2310.107. STANDARDS USED IN INSPECTION. (a) The | ||
standards of weights and measures maintained by the department and | ||
certified by the National Institute of Standards and Technology or | ||
a metrology laboratory certified by the National Institute of | ||
Standards and Technology are the state's standards by which all | ||
state and local standards of weights and measures are tried, | ||
authenticated, proved, and certified. | ||
(b) The department shall maintain the primary standards in a | ||
safe and suitable place in the offices of the department. The | ||
standards may not be moved except for repairs or certification. The | ||
department shall maintain the standards in good order and shall | ||
submit them to the National Institute of Standards and Technology | ||
or to a laboratory approved by the National Institute of Standards | ||
and Technology for certification at least once every 10 years. | ||
(c) In addition to the standards kept by the state, the | ||
department shall maintain a complete set of copies of the original | ||
standards for use in adjusting local standards or in the | ||
performance of other official duties. The department may purchase | ||
additional sets of standards as necessary for use by a department | ||
inspector or other department personnel. | ||
(d) At the request of a city, the department shall furnish | ||
the city with copies of the state's standards or test and approve | ||
other standards acquired by the city. The city shall reimburse the | ||
state for the actual cost of the standards furnished, plus the costs | ||
of freight and certification. All standards furnished to or tested | ||
for a city shall be true and correct and certified by the | ||
department. The copies used by a city may be of any suitable | ||
material or construction that the city requests, subject to | ||
approval by the department. | ||
(e) The department, or a metrology laboratory certified by | ||
the National Institute of Standards and Technology and approved by | ||
the department, shall inspect and correct the standards used by a | ||
department inspector, other department employee, or individual or | ||
business licensed by the department to perform device maintenance | ||
activities under Subchapter D, or an individual or business | ||
licensed under Subchapter I, Chapter 13, Agriculture Code. | ||
(f) The commission may adopt rules to regulate the frequency | ||
and place of inspection and correction of the standards used by an | ||
individual or business licensed by the department to perform device | ||
maintenance activities under Subchapter D or an individual or | ||
business licensed under Subchapter I, Chapter 13, Agriculture Code. | ||
(g) The department may inspect any standard used by an | ||
individual or business licensed by the department to perform device | ||
maintenance activities described by Subchapter D or an individual | ||
or business licensed under Subchapter I, Chapter 13, Agriculture | ||
Code, if the department has reason to believe a standard is no | ||
longer in compliance with this chapter. | ||
(h) The department shall keep a record of the inspection and | ||
character of standards inspected under this section. | ||
Sec. 2310.108. TOLERANCES. Specifications and tolerances | ||
for motor fuel metering devices shall be the same as those | ||
recommended by the National Institute of Standards and Technology. | ||
Sec. 2310.109. FEES. (a) The commission by rule shall | ||
establish fees in amounts reasonable and necessary to cover the | ||
cost of administering 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 year. | ||
Sec. 2310.110. REFUSING TO ALLOW TEST OF MOTOR FUEL | ||
METERING DEVICE. (a) A person commits an offense if the person | ||
refuses to allow a motor fuel metering device under the person's | ||
control or in the person's possession to be inspected, tested, or | ||
examined by the department, and the inspection, test, or | ||
examination is required or authorized by this chapter. | ||
(b) A person commits an offense if the person hinders or | ||
obstructs in any way the department, a department inspector, or | ||
other department personnel in the performance of official duties. | ||
(c) 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 motor fuel metering device under this chapter. | ||
Sec. 2310.111. SALE OR USE OF INCORRECT MOTOR FUEL METERING | ||
DEVICE. (a) The department may condemn and prohibit the sale or | ||
distribution of any incorrect motor fuel metering device that is | ||
sold, offered for sale, or about to be sold in this state. | ||
(b) A person commits an offense if the person or the | ||
person's servant or agent knowingly: | ||
(1) offers or exposes for sale, hire, or award or sells | ||
an incorrect motor fuel metering device; | ||
(2) possesses an incorrect motor fuel metering device; | ||
or | ||
(3) sells, offers for sale, uses, or possesses for the | ||
purpose of sale or use a device or instrument to be used to falsify | ||
or intended to falsify a weight or measure. | ||
Sec. 2310.112. DISPOSING OF CONDEMNED MOTOR FUEL METERING | ||
DEVICE. A person commits an offense if the person or the person's | ||
servant or agent disposes of a motor fuel metering device condemned | ||
under Section 2310.105 or 2310.111 in a manner contrary to those | ||
sections. | ||
Sec. 2310.113. PENALTIES. An offense under each of | ||
Sections 2310.110 through 2310.112 is a Class C misdemeanor. | ||
SUBCHAPTER D. LICENSING OF MOTOR FUEL METERING DEVICE SERVICE | ||
TECHNICIANS AND MOTOR FUEL METERING DEVICE SERVICE COMPANIES | ||
Sec. 2310.201. DEFINITIONS. In this subchapter: | ||
(1) "License holder" means a person who holds a motor | ||
fuel metering device service company license or a motor fuel | ||
metering device service technician license. | ||
(2) "Service company" means a person who holds a motor | ||
fuel metering device service company license issued by the | ||
department under this subchapter. | ||
(3) "Service technician" means an individual who holds | ||
a motor fuel metering device service technician license issued by | ||
the department under this subchapter. | ||
Sec. 2310.202. DEVICE MAINTENANCE ACTIVITIES. A person | ||
performs device maintenance activities if the person or the | ||
person's employee: | ||
(1) places a motor fuel metering device in service; | ||
(2) installs, calibrates, inspects, tests, or repairs | ||
a motor fuel metering device; or | ||
(3) removes an out-of-order tag, stop-sale order, | ||
security seal, lock, condemnation notice, or other form of use | ||
prohibition placed on a motor fuel metering device by the | ||
department. | ||
Sec. 2310.203. POWERS AND DUTIES OF DEPARTMENT. (a) To | ||
verify compliance with licensing requirements, trade practices, | ||
department rules, and this chapter, the department may periodically | ||
or in response to a complaint or previous violation inspect an | ||
applicant's or license holder's: | ||
(1) facilities; | ||
(2) inspecting and testing equipment and procedures; | ||
(3) repair and calibration equipment, standards, and | ||
procedures; | ||
(4) transportation equipment; and | ||
(5) invoices, work orders, and other records related | ||
to device maintenance activities. | ||
(b) The department may periodically or in response to a | ||
complaint or previous violation monitor and inspect or test motor | ||
fuel metering devices that have been inspected and tested by a | ||
license holder and any standards used by the license holder during | ||
an inspection or test. | ||
(c) The commission by rule may adopt additional | ||
requirements for the issuance of a license and for the denial of an | ||
application for a license or renewal of a license. Rules adopted by | ||
the commission under this subsection must be designed to protect | ||
the public health, safety, and welfare and the proper inspection, | ||
testing, and operation of commercial motor fuel metering devices. | ||
(d) The commission may adopt other rules necessary for the | ||
regulation of device maintenance activities, for the proper | ||
operation of motor fuel metering devices, and to protect the | ||
health, safety, and welfare of the public and license holders. | ||
(e) The department may specify the date, time, and place for | ||
any inspection authorized by this section. | ||
Sec. 2310.204. EXEMPTIONS FROM LICENSE REQUIREMENTS. | ||
(a) A person is not required to hold a license issued under this | ||
subchapter if the person: | ||
(1) is a department employee who is performing device | ||
maintenance activities in the scope of the person's duties for the | ||
department; | ||
(2) is the owner or operator of a commercial weighing | ||
or measuring motor fuel metering device or an employee of the owner | ||
or operator of a commercial weighing or measuring motor fuel | ||
metering device and the person: | ||
(A) completely removes the commercial weighing | ||
or measuring motor fuel metering device from the location at which | ||
the device was installed, including a device subject to an | ||
out-of-order tag, stop-sale order, security seal, lock, | ||
condemnation notice, or other item placed on the device by the | ||
department to prohibit use of the device; and | ||
(B) notifies the department of the device's | ||
removal not later than the 10th day after the date the device was | ||
removed in the manner provided by department rule; | ||
(3) performs device maintenance activities only on a | ||
device that is: | ||
(A) exempt from the registration requirements of | ||
Section 2310.103 under commission rules; | ||
(B) exempt from the inspection requirements of | ||
Section 2310.102 under commission rules; and | ||
(C) not required to be inspected by other | ||
commission rules; or | ||
(4) is a license holder under Subchapter I, Chapter | ||
13, Agriculture Code. | ||
(b) The department is not required to hold a license issued | ||
under this subchapter or Subchapter I, Chapter 13, Agriculture | ||
Code. | ||
Sec. 2310.205. SERVICE TECHNICIAN LICENSE REQUIRED. Unless | ||
the individual is exempt from the licensing requirement, an | ||
individual may not perform or offer to perform device maintenance | ||
activities unless the individual holds a service technician license | ||
issued by the department under this subchapter. | ||
Sec. 2310.206. SERVICE COMPANY LICENSE REQUIRED. | ||
(a) Unless the person is exempt from the license requirement, a | ||
person may not employ an individual who performs or offers to | ||
perform device maintenance activities unless the person holds a | ||
service company license issued by the department under this | ||
subchapter. | ||
(b) Unless the individual is exempt from the licensing | ||
requirement, an individual may not perform or offer to perform | ||
device maintenance activities as a sole proprietor unless the | ||
individual holds a service technician license and a service company | ||
license issued by the department under this subchapter. | ||
Sec. 2310.207. APPLICATION FOR LICENSE. An applicant for a | ||
license under this subchapter must submit to the department: | ||
(1) an application form prescribed by the department; | ||
(2) any other information required by the department; | ||
and | ||
(3) a fee in an amount set by the department. | ||
Sec. 2310.208. SERVICE TECHNICIAN LICENSE REQUIREMENTS. | ||
(a) The department shall issue a license to each qualified | ||
applicant who applies for a service technician license. | ||
(b) The department by rule may require an applicant for the | ||
issuance or renewal of a service technician license to meet one or | ||
more of the following requirements: | ||
(1) provide to the department proof that the applicant | ||
has completed an academic, trade, or professional course of | ||
instruction approved by the department; | ||
(2) pass a written test; or | ||
(3) pass a practical skills test. | ||
Sec. 2310.209. SERVICE COMPANY LICENSE REQUIREMENTS. | ||
(a) The department shall issue a license to each qualified | ||
applicant who applies for a service company license. | ||
(b) An applicant for the issuance or renewal of a license | ||
under this section must: | ||
(1) submit to the department a certificate of | ||
insurance evidencing that the applicant has an insurance policy | ||
that meets the requirements of Section 2310.210 effective for the | ||
period for which the license is to be issued or renewed; and | ||
(2) meet any other requirements provided by commission | ||
rule. | ||
Sec. 2310.210. INSURANCE POLICY REQUIRED FOR SERVICE | ||
COMPANY. A service company shall maintain at all times while the | ||
service company performs device maintenance activities a current | ||
effective operations liability insurance policy issued by an | ||
insurance company authorized to do business in this state or by a | ||
surplus lines insurer that meets the requirements of Chapter 981, | ||
Insurance Code, and rules adopted by the commissioner of insurance | ||
in an amount set by the department and based on the type of licensed | ||
activities to be performed. | ||
Sec. 2310.211. TERM OF LICENSE. A license issued under this | ||
subchapter is valid for one year unless a different term is | ||
established by commission rule. | ||
Sec. 2310.212. LICENSE RENEWAL. A person licensed under | ||
this subchapter must periodically renew the person's license. The | ||
license expires unless the license holder submits an application | ||
for renewal accompanied by the renewal fee set by the department or | ||
by the late fee set by the department and meets the requirements for | ||
renewal. | ||
Sec. 2310.213. PRACTICE BY LICENSE HOLDER. (a) A license | ||
holder shall perform device maintenance activities in compliance | ||
with commission rules. | ||
(b) A license holder may use only equipment approved by the | ||
department, as provided by commission rules, when performing device | ||
maintenance activities. | ||
Sec. 2310.214. CRIMINAL PENALTY. (a) A person commits an | ||
offense if the person violates Section 2310.205 or 2310.206 or | ||
causes another person to violate Section 2310.205 or 2310.206. | ||
(b) An offense under Subsection (a) is a Class B | ||
misdemeanor, unless the person has been previously convicted of an | ||
offense under this section, in which case the offense is a Class A | ||
misdemeanor. | ||
SECTION 2. Section 13.1015, Agriculture Code, is | ||
transferred to Subchapter C, Chapter 2310, Occupations Code, as | ||
added by this Act, redesignated as Section 2310.102, Occupations | ||
Code, and amended to read as follows: | ||
Sec. 2310.102 [ |
||
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 D [ |
||
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 the 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 D [ |
||
contract with the operator or user of the motor fuel metering | ||
device. | ||
SECTION 3. Section 13.1016, Agriculture Code, is | ||
transferred to Subchapter C, Chapter 2310, Occupations Code, as | ||
added by this Act, redesignated as Section 2310.103, Occupations | ||
Code, and amended to read as follows: | ||
Sec. 2310.103 [ |
||
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 any fees [ |
||
under Section 2310.109 [ |
||
(4) include documentation of compliance with Section | ||
2310.102 [ |
||
(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 2310.102 [ |
||
(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. | ||
SECTION 4. Section 13.1017, Agriculture Code, is | ||
transferred to Subchapter C, Chapter 2310, Occupations Code, as | ||
added by this Act, redesignated as Section 2310.104, Occupations | ||
Code, and amended to read as follows: | ||
Sec. 2310.104 [ |
||
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 2310.102 [ |
||
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 2310.102 [ |
||
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 5. Chapter 2310, Occupations Code, as added by this | ||
Act, is amended by adding Subchapter F and adding a subchapter | ||
heading to read as follows: | ||
SUBCHAPTER F. SALE, DELIVERY, AND QUALITY OF MOTOR FUEL | ||
SECTION 6. Sections 17.051, 17.071, and 17.072, Agriculture | ||
Code, are transferred to Subchapter F, Chapter 2310, Occupations | ||
Code, as added by this Act, redesignated as Sections 2310.251, | ||
2310.252, and 2310.253, respectively, and amended to read as | ||
follows: | ||
Sec. 2310.251 [ |
||
MIXTURE. (a) A dealer may not sell or offer for sale motor fuel | ||
from a motor fuel pump supplied by a storage tank into which motor | ||
fuel, in a mixture in which at least one percent of the mixture | ||
measured by volume is ethanol or methanol, has been delivered | ||
within the 60-day period preceding the date of sale or offer of sale | ||
unless the dealer prominently displays on the pump from which the | ||
mixture is sold a sign that complies with Subsection (b). | ||
(b) A sign required by Subsection (a) must: | ||
(1) be displayed on each face of the motor fuel pump on | ||
which the price of the motor fuel mixture sold from the pump is | ||
displayed; | ||
(2) state "Contains Ethanol" or "Contains Methanol," | ||
as applicable; | ||
(3) appear in contrasting colors with block letters at | ||
least one-half inch high and one-fourth inch wide; and | ||
(4) be displayed in a clear, conspicuous, and | ||
prominent manner, visible to customers using either side of the | ||
pump. | ||
(c) [ |
||
other alcohol or additive information. Other alcohol or additive | ||
information and any relevant posting are subject to regulation by | ||
the department [ |
||
Sec. 2310.252 [ |
||
TESTING STANDARDS. (a) The department by rule shall adopt minimum | ||
motor fuel quality and testing standards for motor fuel that is sold | ||
or offered for sale in this state. The standards must comply with | ||
the nationally recognized minimum standards established by: | ||
(1) the American Society for Testing and Materials, | ||
for motor fuels other than motor fuels blended with ethanol; and | ||
(2) the National Institute of Standards and | ||
Technology, for motor fuels blended with ethanol. | ||
(b) The department may adopt rules as necessary to bring | ||
about uniformity between the standards established under this | ||
subchapter and the nationally recognized standards described by | ||
Subsection (a). | ||
Sec. 2310.253 [ |
||
(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 2310.252 [ |
||
(a-1) The collection of samples and conducting of testing at | ||
a dealer's location must be performed by a license holder under | ||
Subchapter D of this chapter or Subchapter I, Chapter 13, | ||
Agriculture Code, 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. | ||
(c) A person commits an offense if the person refuses to | ||
allow a department representative to collect samples or conduct | ||
motor fuel testing under Subsection (a). | ||
SECTION 7. Section 13.001, Agriculture Code, is amended by | ||
adding Subsection (c) to read as follows: | ||
(c) In this chapter, "commodity" does not include motor | ||
fuel. | ||
SECTION 8. 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[ |
||
|
||
|
||
|
||
SECTION 9. Section 162.009, Tax Code, is amended to read as | ||
follows: | ||
Sec. 162.009. AUTHORITY TO STOP AND EXAMINE. To enforce | ||
this chapter, the comptroller or a peace officer may stop a motor | ||
vehicle that appears to be operating with or transporting motor | ||
fuel to examine the shipping document, cargo manifest, or invoices | ||
required to be carried, examine a license or copy of a license that | ||
may be required to be carried, take samples from the fuel supply or | ||
cargo tanks, and make any other investigation that could reasonably | ||
be made to determine whether the taxes have been paid or accounted | ||
for by a license holder or a person required to be licensed. The | ||
comptroller, a peace officer, an employee of the attorney general's | ||
office, an employee of the Texas Commission on Environmental | ||
Quality, or an employee of the Texas Department of Licensing and | ||
Regulation [ |
||
storage tank or container to: | ||
(1) determine if the fuel contains hazardous waste or | ||
is adulterated; or | ||
(2) allow the comptroller to determine whether taxes | ||
on the fuel have been paid or accounted for to this state. | ||
SECTION 10. Section 162.403, Tax Code, is amended to read as | ||
follows: | ||
Sec. 162.403. CRIMINAL OFFENSES. Except as provided by | ||
Section 162.404, a person commits an offense if the person: | ||
(1) refuses to stop and permit the inspection and | ||
examination of a motor vehicle transporting or using motor fuel on | ||
the demand of a peace officer or the comptroller; | ||
(2) is required to hold a valid trip permit or | ||
interstate trucker's license, but operates a motor vehicle in this | ||
state without a valid trip permit or interstate trucker's license; | ||
(3) transports gasoline or diesel fuel in any cargo | ||
tank that has a connection by pipe, tube, valve, or otherwise with | ||
the fuel injector or carburetor or with the fuel supply tank feeding | ||
the fuel injector or carburetor of the motor vehicle transporting | ||
the product; | ||
(4) sells or delivers gasoline or diesel fuel from a | ||
fuel supply tank that is connected with the fuel injector or | ||
carburetor of a motor vehicle; | ||
(5) owns or operates a motor vehicle for which reports | ||
or mileage records are required by this chapter without an | ||
operating odometer or other device in good working condition to | ||
record accurately the miles traveled; | ||
(6) sells or delivers dyed diesel fuel for the | ||
operation of a motor vehicle on a public highway; | ||
(7) uses dyed diesel fuel for the operation of a motor | ||
vehicle on a public highway except as allowed under Section | ||
162.235; | ||
(8) refuses to permit the comptroller or the attorney | ||
general to inspect, examine, or audit a book or record required to | ||
be kept by a license holder, other user, or any person required to | ||
hold a license under this chapter; | ||
(9) refuses to permit the comptroller or the attorney | ||
general to inspect or examine any plant, equipment, materials, or | ||
premises where motor fuel is produced, processed, blended, stored, | ||
sold, delivered, or used; | ||
(10) refuses to permit the comptroller, the attorney | ||
general, an employee of either of those officials, a peace officer, | ||
an employee of the Texas Commission on Environmental Quality, or an | ||
employee of the Texas Department of Licensing and Regulation | ||
[ |
||
from a storage tank or container on premises where motor fuel is | ||
produced, processed, blended, stored, sold, delivered, or used; | ||
(11) is a license holder, a person required to be | ||
licensed, or another user and fails or refuses to make or deliver to | ||
the comptroller a report required by this chapter to be made and | ||
delivered to the comptroller; | ||
(12) is an importer who does not obtain an import | ||
verification number when required by this chapter; | ||
(13) purchases motor fuel for export, on which the tax | ||
imposed by this chapter has not been paid, and subsequently diverts | ||
or causes the motor fuel to be diverted to a destination in this | ||
state or any other state or country other than the originally | ||
designated state or country without first obtaining a diversion | ||
number; | ||
(14) conceals motor fuel with the intent of engaging | ||
in any conduct proscribed by this chapter or refuses to make sales | ||
of motor fuel on the volume-corrected basis prescribed by this | ||
chapter; | ||
(15) refuses, while transporting motor fuel, to stop | ||
the motor vehicle the person is operating when called on to do so by | ||
a person authorized to stop the motor vehicle; | ||
(16) refuses to surrender a motor vehicle and cargo | ||
for impoundment after being ordered to do so by a person authorized | ||
to impound the motor vehicle and cargo; | ||
(17) mutilates, destroys, or secretes a book or record | ||
required by this chapter to be kept by a license holder, other user, | ||
or person required to hold a license under this chapter; | ||
(18) is a license holder, other user, or other person | ||
required to hold a license under this chapter, or the agent or | ||
employee of one of those persons, and makes a false entry or fails | ||
to make an entry in the books and records required under this | ||
chapter to be made by the person or fails to retain a document as | ||
required by this chapter; | ||
(19) transports in any manner motor fuel under a false | ||
cargo manifest or shipping document, or transports in any manner | ||
motor fuel to a location without delivering at the same time a | ||
shipping document relating to that shipment; | ||
(20) engages in a motor fuel transaction that requires | ||
that the person have a license under this chapter without then and | ||
there holding the required license; | ||
(21) makes and delivers to the comptroller a report | ||
required under this chapter to be made and delivered to the | ||
comptroller, if the report contains false information; | ||
(22) forges, falsifies, or alters an invoice or | ||
shipping document prescribed by law; | ||
(23) makes any statement, knowing said statement to be | ||
false, in a claim for a tax refund filed with the comptroller; | ||
(24) furnishes to a licensed supplier or distributor a | ||
signed statement for purchasing diesel fuel tax-free and then uses | ||
the tax-free diesel fuel to operate a diesel-powered motor vehicle | ||
on a public highway; | ||
(25) holds an aviation fuel dealer's license and makes | ||
a taxable sale or use of any gasoline or diesel fuel; | ||
(26) fails to remit any tax funds collected or | ||
required to be collected by a license holder, another user, or any | ||
other person required to hold a license under this chapter; | ||
(27) makes a sale of dyed diesel fuel tax-free into a | ||
storage facility of a person who: | ||
(A) is not licensed as a distributor, as an | ||
aviation fuel dealer, or as a dyed diesel fuel bonded user; or | ||
(B) does not furnish to the licensed supplier or | ||
distributor a signed statement prescribed in Section 162.206; | ||
(28) makes a sale of gasoline tax-free to any person | ||
who is not licensed as an aviation fuel dealer; | ||
(29) purchases any motor fuel tax-free when not | ||
authorized to make a tax-free purchase under this chapter; | ||
(30) purchases motor fuel with the intent to evade any | ||
tax imposed by this chapter or accepts a delivery of motor fuel by | ||
any means and does not at the same time accept or receive a shipping | ||
document relating to the delivery; | ||
(31) transports motor fuel for which a cargo manifest | ||
or shipping document is required to be carried without possessing | ||
or exhibiting on demand by an officer authorized to make the demand | ||
a cargo manifest or shipping document containing the information | ||
required to be shown on the manifest or shipping document; | ||
(32) imports, sells, uses, blends, distributes, or | ||
stores motor fuel within this state on which the taxes imposed by | ||
this chapter are owed but have not been first paid to or reported by | ||
a license holder, another user, or any other person required to hold | ||
a license under this chapter; | ||
(33) blends products together to produce a blended | ||
fuel that is offered for sale, sold, or used and that expands the | ||
volume of the original product to evade paying applicable motor | ||
fuel taxes; | ||
(34) evades or attempts to evade in any manner a tax | ||
imposed on motor fuel by this chapter; | ||
(35) delivers compressed natural gas or liquefied | ||
natural gas into the fuel supply tank of a motor vehicle and the | ||
person does not hold a valid compressed natural gas and liquefied | ||
natural gas dealer's license; or | ||
(36) makes a tax-free delivery of compressed natural | ||
gas or liquefied natural gas into the fuel supply tank of a motor | ||
vehicle, unless the delivery is exempt from tax under Section | ||
162.356. | ||
SECTION 11. The following provisions of the Agriculture | ||
Code are repealed: | ||
(1) Section 13.001(a)(1-a); | ||
(2) Section 13.024(d); | ||
(3) Section 13.029(b); | ||
(4) Section 13.101(e); | ||
(5) Section 13.1011(e); and | ||
(6) Section 13.1151(b). | ||
SECTION 12. (a) All rules, fees, policies, procedures, | ||
decisions, and forms of the Department of Agriculture that relate | ||
to a program or activity transferred under this Act and that are in | ||
effect on the effective date of the transfer remain in effect until | ||
changed by the Texas Commission of Licensing and Regulation. | ||
(b) A license, permit, certificate of registration, or | ||
other authorization issued by the Department of Agriculture for a | ||
program or activity transferred under this Act is continued in | ||
effect as a license, permit, certificate, or other authorization of | ||
the Texas Department of Licensing and Regulation after the | ||
effective date of the transfer. | ||
(c) A complaint, investigation, contested case, or other | ||
proceeding before the Department of Agriculture relating to a | ||
program or activity transferred under this Act that is pending on | ||
the effective date of the transfer is transferred without change in | ||
status to the Texas Commission of Licensing and Regulation or Texas | ||
Department of Licensing and Regulation, as appropriate. | ||
(d) All money, contracts, leases, property, records, and | ||
obligations of the Department of Agriculture relating to a program | ||
or activity transferred under this Act are transferred to the Texas | ||
Department of Licensing and Regulation. | ||
(e) The unexpended and unobligated balance of any money | ||
appropriated by the legislature relating to a program or activity | ||
transferred under this Act is transferred to the Texas Department | ||
of Licensing and Regulation. | ||
(f) Unless the context indicates otherwise, a reference in | ||
law or administrative rule to the Department of Agriculture with | ||
respect to a program or activity transferred under this Act means | ||
the Texas Commission of Licensing and Regulation or Texas | ||
Department of Licensing and Regulation, as appropriate. | ||
SECTION 13. (a) As soon as practicable after the effective | ||
date of this Act, the Department of Agriculture and the Texas | ||
Department of Licensing and Regulation shall adopt a transition | ||
plan to provide for the orderly transfer of powers, duties, | ||
functions, programs, and activities under this Act. The transition | ||
plan must provide for the transfer to be completed not later than | ||
September 1, 2020. | ||
(b) The Department of Agriculture shall provide the Texas | ||
Department of Licensing and Regulation with access to any systems, | ||
facilities, or information necessary for the Texas Department of | ||
Licensing and Regulation to accept a program or activity | ||
transferred under this Act. | ||
(c) The Texas Department of Licensing and Regulation may | ||
establish and lead a stakeholder workgroup to provide input, | ||
advice, and recommendations to the Department of Agriculture and | ||
Texas Department of Licensing and Regulation on the orderly | ||
transfer of powers, duties, functions, programs, and activities | ||
under this Act. The Texas Department of Licensing and Regulation | ||
shall establish the size, composition, and scope of the stakeholder | ||
workgroup. | ||
(d) On the date specified in the transition plan required | ||
under Subsection (a) of this section for the transfer of a program | ||
or activity transferred by this Act to the Texas Department of | ||
Licensing and Regulation, all full-time equivalent employee | ||
positions at the Department of Agriculture that directly and | ||
indirectly concern the administration or enforcement of the program | ||
or activity being transferred become positions at the Texas | ||
Department of Licensing and Regulation. The Texas Department of | ||
Licensing and Regulation shall post the positions for hiring and, | ||
when filling the positions, shall give consideration to, but is not | ||
required to hire, an applicant who, immediately before the date of | ||
the transfer, was an employee at the Department of Agriculture | ||
involved in administering or enforcing the transferred program or | ||
activity. | ||
(e) Subsection (c) of this section expires on October 1, | ||
2020. | ||
SECTION 14. 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. |