Bill Text: TX HB2366 | 2019-2020 | 86th 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.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2019-05-13 - Referred to State Affairs [HB2366 Detail]
Download: Texas-2019-HB2366-Comm_Sub.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-Comm_Sub.html
86R23919 BEF-F | |||
By: Darby | H.B. No. 2366 | ||
Substitute the following for H.B. No. 2366: | |||
By: Raney | C.S.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 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: | |||||
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SECTION 2. Section 13.007(a), Agriculture Code, is amended | |||||
to read as follows: | |||||
(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, except that the total penalty for a | |||||
continuous violation related to one or more motor fuel metering | |||||
devices may not exceed $2,500. | |||||
SECTION 3. 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 4. 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 proof of | |||||
purchase for 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 5. Section 13.1151, Agriculture Code, is amended by | |||||
adding Subsection (c) to read as follows: | |||||
(c) Fees for motor fuel metering devices collected under | |||||
this section may be used only to administer and enforce motor fuel | |||||
metering device inspections under Section 13.1015. | |||||
SECTION 6. 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: | |||||
(1) the weighing or measuring device is a motor fuel | |||||
metering device with a valid registration; | |||||
(2) the person who removed or obliterated the tag is | |||||
the person who owns or operates the motor fuel metering device; and | |||||
(3) the person did not intentionally remove or | |||||
obliterate the tag. | |||||
(c) The department shall replace tags described by | |||||
Subsection (b). | |||||
SECTION 7. 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 8. Section 17.073, Agriculture Code, is amended by | |||||
adding Subsection (c) to read as follows: | |||||
(c) The department may 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 9. 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, but only in response to [ |
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a 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) the distance to the nearest motor fuel quality | |||||
testing laboratory; and | |||||
(5) the octane of the fuel. | |||||
(b) The department shall contract with at least five | |||||
laboratories in this state to conduct motor fuel quality testing. | |||||
(c) The department may not test motor fuel based on a | |||||
complaint made about fuel with an octane rating less than 88 under | |||||
ASTM standards. | |||||
SECTION 10. 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 | |||||
dealer by an amount that exceeds 10 percent of the amount of the fee | |||||
at the end of the preceding state fiscal biennium. | |||||
SECTION 11. Subchapter C, Chapter 17, Agriculture Code, is | |||||
amended by adding Section 17.105 to read as follows: | |||||
Sec. 17.105. COMPLAINTS REGARDING MOTOR FUEL QUALITY. (a) | |||||
The department shall require a person who submits a complaint | |||||
regarding the quality of motor fuel purchased from a dealer to | |||||
provide a proof of purchase for the transaction that led to the | |||||
complaint. | |||||
(b) The department shall notify the dealer by electronic | |||||
mail within 24 hours of receipt of a complaint. | |||||
(c) In a notice required by Subsection (b), the department | |||||
shall identify the specific motor fuel pump that led to the | |||||
complaint. | |||||
SECTION 12. 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 13. (a) Sections 12.020(c), 13.007(a), and | |||||
17.153, Agriculture Code, as amended by this Act, apply only to a | |||||
violation that occurs on or after the effective date of this Act. A | |||||
violation that occurs before the effective date of this Act is | |||||
governed by the law in effect on the date the violation occurred, | |||||
and the former law is continued in effect for that purpose. | |||||
(b) Section 13.1016(c), Agriculture Code, as amended by | |||||
this Act, applies only to a registration issued or renewed on or | |||||
after the effective date of this Act. A registration issued or | |||||
renewed before the effective date of this Act is governed by the law | |||||
in effect on the date the registration was issued or renewed, and | |||||
the former law is continued in effect for that purpose. | |||||
(c) Section 13.1017, Agriculture Code, as amended by this | |||||
Act, and Section 17.105, Agriculture Code, as added by this Act, | |||||
apply only to a complaint received on or after the effective date of | |||||
this Act. A complaint received before the effective date of this Act | |||||
is governed by the law in effect on the date the complaint was | |||||
received, and the former law is continued in effect for that | |||||
purpose. | |||||
(d) Section 13.119, Agriculture Code, as amended by this | |||||
Act, applies only to an offense committed on or after the effective | |||||
date of this Act. An offense committed before the effective date of | |||||
this Act is governed by the law in effect on the date the offense was | |||||
committed, and the former law is continued in effect for that | |||||
purpose. For purposes of this section, an offense was committed | |||||
before the effective date of this Act if any element of the offense | |||||
occurred before that date. | |||||
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. |