Bill Text: TX SB893 | 2011-2012 | 82nd Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to motor fuel quality and testing.

Spectrum: Bipartisan Bill

Status: (Passed) 2011-05-20 - Effective on 9/1/11 [SB893 Detail]

Download: Texas-2011-SB893-Introduced.html

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82R8679 TRH-F
By: Whitmire S.B. No. 893

A BILL TO BE ENTITLED
AN ACT
relating to motor fuel quality and testing.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 12.020(c), Agriculture Code, is amended
to read as follows:
(c) The provisions of law subject to this section and the
applicable penalty amounts are as follows:
Provision Amount of Penalty
[Chapter 41 not more than $5,000]
Chapters 13, 14A, 17, 18, 19, 41, 46, 61, 94, 95, 101, 102, 103, 121, 125, 132,
Chapters 13, 14A, 18, 46, 61, 72, 73, 74, 76, 94, 95, 101, 102, 103, 121, 125, 132,
Chapters 13, 14A, 18, 46, 61, 94, 95, 101, 102, 103, 121, 125, 132,
and 134 not more than $5,000
[Subchapter B, Chapter 71
[Chapter 19
[Chapter 76 not more than $5,000]
Subchapters A, B, and C, Chapter 71
[Chapters 72, 73, and 74] not more than $5,000
Chapter 14 not more than $10,000
Chapter 1951, Occupations Code not more than $5,000
Chapter 153, Natural Resources
Code not more than $5,000.
SECTION 2. Section 17.052(a), Agriculture Code, is amended
to read as follows:
(a) Except as provided by Subsection (b), a distributor,
supplier, wholesaler, or jobber of motor fuel may not deliver to an
outlet in this state a motor fuel mixture that contains ethanol or
methanol exceeding one percent by volume of the mixture unless, at
the time of the delivery of the mixture, the person also delivers to
the outlet receiving the delivery[:
[(1) signs required by Section 17.051 in a number
sufficient for the dealer receiving the mixture to comply with that
section; and
[(2)] a manifest, bill of sale, bill of lading, or
other document evidencing delivery of the mixture, that[:
[(A)] includes a statement containing:
(1) [(i)] the percentage of ethanol or methanol
contained in the mixture; and
(2) [(ii)] the types and percentages of any associated
cosolvents contained in the mixture[; and
[(B) evidences delivery of the signs required
under Subdivision (1)].
SECTION 3. Section 17.053, Agriculture Code, is amended to
read as follows:
Sec. 17.053. RECORD OF DELIVERY DOCUMENTS; INSPECTION
AUTHORIZED. (a) Each dealer shall keep a copy of each document
required to be delivered to the dealer by Section 17.052 until the
first anniversary of the delivery date. [During the first 60 days
following delivery of a fuel mixture subject to this chapter, the
dealer shall keep a copy at the station or retail outlet where the
motor fuel was delivered.]
(b) Each distributor, supplier, wholesaler, and jobber of
motor fuel shall keep [at the person's principal place of business]
a copy of each document required to be delivered to the dealer by
Section 17.052 until the first anniversary of the delivery date.
(c) The commissioner or an authorized representative of the
commissioner may inspect documents described by this section. On
written notice presented by the commissioner or an authorized
representative of the commissioner to any employee at a dealer's
station or retail outlet or mailed to the principal place of
business of a dealer, distributor, supplier, wholesaler, or jobber,
the dealer, distributor, supplier, wholesaler, or jobber shall
provide the commissioner or authorized representative of the
commissioner with the documents described by this section within
the period specified in the notice.
(d) The commissioner by rule may:
(1) require each dealer, distributor, supplier,
wholesaler, and jobber to maintain and make available to the
department:
(A) invoices, receipts, or other transmittal
documents or records, including electronically stored information,
showing or describing the purchase, sale, delivery, or distribution
of motor fuel;
(B) invoices, receipts, work orders, reports, or
other documents, including electronically stored information,
showing or describing the installation, maintenance, or repair of:
(i) motor fuel dispensing devices; and
(ii) any equipment used in connection with
motor fuel dispensing devices to record, display, or produce
receipts or audit trails concerning the purchase, sale, delivery,
or distribution of motor fuel; and
(C) any record or other document related to the
sampling and testing of motor fuel purchased, sold, delivered, or
distributed by the dealer, distributor, supplier, wholesaler, or
jobber; and
(2) prescribe:
(A) [(1)] the manner of filing documents or
records required to be kept under this section or by department
rule; and
(B) [(2)] the time, place, and manner of
inspection of the documents or records.
SECTION 4. Section 17.054, Agriculture Code, is amended by
amending Subsection (c) and adding Subsection (d) to read as
follows:
(c) The commissioner or an authorized representative of the
commissioner may inspect a document required to be kept under this
section. On written notice presented by the commissioner or an
authorized representative of the commissioner to any employee at a
dealer's station or retail outlet or mailed to the dealer's
principal place of business, the dealer shall provide the
commissioner or authorized representative of the commissioner with
the documents described by this section within the period specified
in the notice.
(d) The commissioner by rule may:
(1) require each dealer to maintain and make available
to the department:
(A) invoices, receipts, or other transmittal
documents or records, including electronically stored information,
showing or describing the purchase, sale, delivery, or distribution
of motor fuel;
(B) invoices, receipts, work orders, reports, or
other documents, including electronically stored information,
showing or describing the installation, maintenance, or repair of:
(i) motor fuel dispensing devices; and
(ii) any equipment used in connection with
motor fuel dispensing devices to record, display, or produce
receipts or audit trails concerning the purchase, sale, delivery,
or distribution of motor fuel; and
(C) any record or other document related to the
sampling and testing of motor fuel purchased, sold, delivered, or
distributed by the dealer; and
(2) prescribe:
(A) the manner of filing documents or records
required to be kept under this section or by department rule; and
(B) the time, place, and manner of inspection of
the documents or records.
SECTION 5. Section 17.071, Agriculture Code, is amended to
read as follows:
Sec. 17.071. MINIMUM MOTOR FUEL QUALITY AND 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[,
as those standards existed on September 1, 2009, for motor fuels
other than motor fuels blended with ethanol; and
[(2) the National Institute of Standards and
Technology, as those standards existed on September 1, 2009, other
than the standard vapor to liquid ratio specification 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).
SECTION 6. Section 17.073, Agriculture Code, is amended to
read as follows:
Sec. 17.073. STOP-SALE ORDER; SHUTDOWN OF DISPENSING
DEVICES. (a) If the department has reason to believe that motor
fuel is in violation of this chapter 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.
(b) The department shall present an [the] order issued under
this section to the dealer, distributor, jobber, supplier, or
wholesaler who is in control of the motor fuel at the time the motor
fuel or the dealer, distributor, jobber, supplier, or wholesaler of
the motor fuel is inspected by the commissioner [is tested]. The
person who receives the order may not sell [the] motor fuel subject
to a stop-sale order or use a device on which the department has
placed a tag or other mark under Subsection (a)(2) or (3) until the
department determines that the motor fuel or device is in
compliance with this chapter and department rules.
SECTION 7. Section 17.155(a), Agriculture Code, is amended
to read as follows:
(a) The department may impose an administrative penalty
against a person regulated under this chapter who violates this
chapter or a rule or order adopted under this chapter. An [Except
as otherwise provided by this section, an] administrative penalty
is imposed and collected in the manner provided by Section 12.020.
SECTION 8. Sections 17.051(c) and (d) and 17.155(b), (c),
(d), (e), (f), (g), (h), and (i), Agriculture Code, are repealed.
SECTION 9. The changes in law made by this Act apply only to
an offense or other violation under Chapter 17, Agriculture Code,
committed on or after the effective date of this Act. An offense or
other violation committed before the effective date of this Act is
governed by the law in effect when the offense or violation was
committed, and the former law is continued in effect for that
purpose. For purposes of this section, an offense or other
violation was committed before the effective date of this Act if any
element of the offense or violation was committed before that date.
SECTION 10. This Act takes effect September 1, 2011.