Bill Text: TX SB893 | 2011-2012 | 82nd Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Comm_Sub.html
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-Comm_Sub.html
By: Whitmire | S.B. No. 893 | |
(In the Senate - Filed February 23, 2011; March 1, 2011, | ||
read first time and referred to Committee on Natural Resources; | ||
March 28, 2011, reported adversely, with favorable Committee | ||
Substitute by the following vote: Yeas 9, Nays 0; March 28, 2011, | ||
sent to printer.) | ||
COMMITTEE SUBSTITUTE FOR S.B. No. 893 | By: Eltife |
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relating to motor fuel quality and testing. | |||||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |||||
SECTION 1. Subsection (c), Section 12.020, 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: | |||||
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SECTION 2. Subsection (a), Section 17.052, 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[ |
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other document evidencing delivery of the mixture, that[ |
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(1) [ |
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contained in the mixture; and | |||||
(2) [ |
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cosolvents contained in the mixture[ |
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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. [ |
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(b) Each distributor, supplier, wholesaler, and jobber of | |||||
motor fuel shall keep [ |
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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) [ |
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records required to be kept under this section or by department | |||||
rule; and | |||||
(B) [ |
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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[ |
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other than motor fuels blended with ethanol; and | |||||
(2) the National Institute of Standards and | |||||
Technology, [ |
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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 [ |
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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 [ |
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person who receives the order may not sell [ |
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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. Subsection (a), Section 17.155, 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 [ |
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is imposed and collected in the manner provided by Section 12.020. | |||||
SECTION 8. Subsections (c) and (d), Section 17.051, and | |||||
Subsections (b), (c), (d), (e), (f), (g), (h), and (i), Section | |||||
17.155, 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. | |||||
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