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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of motor fuel quality and motor fuel |
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metering devices. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 12.020(c), Agriculture Code, is amended |
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to read as follows: |
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(c) The provisions of law subject to this section and the |
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applicable penalty amounts are as follows: |
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Provision |
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Amount of Penalty |
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Chapters 13, 14A, [17,] 18, 19, 41, 46, 61, 72, 73, 74, 76, 94, 95, 101, 102, 103, 125, 132, and 134 |
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not more than $5,000 |
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Chapters 13, 14A, [] 18, 19, 41, 46, 61, 72, 73, 74, 76, 94, 95, 101, 102, 103, 125, 132, and 134 |
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not more than $5,000 |
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Chapters 13, 14A, [] 18, 19, 41, 46, 61, 72, 73, 74, 76, 94, 95, 101, 102, 103, 125, 132, and 134 |
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not more than $5,000 |
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Subchapters A, B, and C, Chapter 71 |
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not more than $5,000 |
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Chapter 14 |
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not more than $10,000 |
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Chapter 17 |
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not more than $2,500 |
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Chapter 1951, Occupations Code |
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not more than $5,000 |
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Chapter 153, Natural Resources Code |
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not more than $5,000 |
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Section 91.009 |
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not more than $5,000. |
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SECTION 2. Section 13.007(a), Agriculture Code, is amended |
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to read as follows: |
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(a) A person who violates Subchapter B or C or a rule adopted |
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under Subchapter B or C is liable to the state for a civil penalty |
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not to exceed $500 for each violation. Each day a violation |
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continues may be considered a separate violation for purposes of a |
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civil penalty assessment, except that the total penalty for a |
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continuous violation related to one or more motor fuel metering |
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devices may not exceed $2,500. |
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SECTION 3. Section 13.1016(c), Agriculture Code, is amended |
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to read as follows: |
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(c) A registration under this section is valid for two years |
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[one year] unless a different period of more than two years is |
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established by department rule. The registration must be renewed at |
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or before the end of each registration period and the application |
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for renewal must include documentation of compliance with Section |
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13.1015. |
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SECTION 4. Section 13.1017, Agriculture Code, is amended by |
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adding Subsections (a-1) and (e) to read as follows: |
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(a-1) A complaint under this section must include a proof of |
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purchase for the transaction that led to the complaint. |
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(e) Notice required by this section must: |
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(1) be provided to the person who last registered the |
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motor fuel metering device by electronic mail not more than 24 hours |
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after the complaint is received; and |
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(2) identify the specific motor fuel metering device |
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that led to the complaint. |
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SECTION 5. Section 13.1151, Agriculture Code, is amended by |
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adding Subsection (c) to read as follows: |
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(c) Fees for motor fuel metering devices collected under |
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this section may be used only to administer and enforce motor fuel |
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metering device inspections under Section 13.1015. |
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SECTION 6. Section 13.119, Agriculture Code, is amended to |
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read as follows: |
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Sec. 13.119. REMOVAL OF REGISTRATION TAG. (a) A person |
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commits an offense if the person removes or obliterates a tag or |
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device placed or required by the department to be placed on a |
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weighing or measuring device under this chapter. |
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(b) It is not an offense under this section if: |
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(1) the weighing or measuring device is a motor fuel |
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metering device with a valid registration; |
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(2) the person who removed or obliterated the tag is |
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the person who owns or operates the motor fuel metering device; and |
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(3) the person did not intentionally remove or |
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obliterate the tag. |
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(c) The department shall replace tags described by |
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Subsection (b). |
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SECTION 7. Section 17.072, Agriculture Code, is amended by |
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adding Subsection (d) to read as follows: |
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(d) Using fees collected under Section 17.104, the |
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department shall pay all costs associated with testing under this |
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section, including sampling costs, transportation costs, and |
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shipping costs. |
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SECTION 8. Section 17.073, Agriculture Code, is amended by |
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adding Subsection (c) to read as follows: |
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(c) The department may not issue an order under this section |
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for a violation of motor fuel quality standards unless laboratory |
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results confirm that motor fuel is out of compliance with this |
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chapter. |
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SECTION 9. Section 17.102, Agriculture Code, is amended to |
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read as follows: |
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Sec. 17.102. TESTING[; RULES RELATING TO TESTING
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FREQUENCY]. (a) To determine compliance with the standards and |
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enforce rules adopted under Sections 17.051, 17.052, 17.053, |
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17.055, and 17.103, [the commissioner or] an authorized |
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representative of the commissioner may test any motor fuel sold in |
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this state, but only in response to [regardless of the existence of] |
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a complaint about the fuel. [This section does not prohibit
the
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commissioner from adopting rules relating to the frequency of
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testing motor fuels.] In adopting [the] rules under this section, |
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the commissioner shall consider: |
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(1) the nature of the violation; |
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(2) the history of past violations; [and] |
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(3) available funds under Section 17.104(d); |
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(4) the distance to the nearest motor fuel quality |
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testing laboratory; and |
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(5) the octane of the fuel. |
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(b) The department shall contract with at least five |
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laboratories in this state to conduct motor fuel quality testing. |
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(c) The department may not test motor fuel based on a |
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complaint made about fuel with an octane rating less than 88 under |
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ASTM standards. |
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SECTION 10. Section 17.104, Agriculture Code, is amended by |
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adding Subsection (e) to read as follows: |
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(e) Notwithstanding any other law, the department may not in |
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a state fiscal biennium increase a fee under Subsection (b) for a |
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dealer by an amount that exceeds 10 percent of the amount of the fee |
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at the end of the preceding state fiscal biennium. |
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SECTION 11. Subchapter C, Chapter 17, Agriculture Code, is |
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amended by adding Section 17.105 to read as follows: |
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Sec. 17.105. COMPLAINTS REGARDING MOTOR FUEL QUALITY. (a) |
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The department shall require a person who submits a complaint |
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regarding the quality of motor fuel purchased from a dealer to |
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provide a proof of purchase for the transaction that led to the |
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complaint. |
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(b) The department shall notify the dealer by electronic |
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mail within 24 hours of receipt of a complaint. |
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(c) In a notice required by Subsection (b), the department |
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shall identify the specific motor fuel pump that led to the |
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complaint. |
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SECTION 12. Section 17.153, Agriculture Code, is amended to |
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read as follows: |
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Sec. 17.153. CIVIL PENALTY. A dealer, distributor, |
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supplier, wholesaler, or jobber who violates Section 17.051, |
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17.052, 17.053, 17.054, or 17.055 is liable to this state for a |
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civil penalty of not less than $200 and not more than $2,500 |
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[$10,000]. |
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SECTION 13. (a) Sections 12.020(c), 13.007(a), and |
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17.153, Agriculture Code, as amended by this Act, apply only to a |
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violation that occurs on or after the effective date of this Act. A |
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violation that occurs before the effective date of this Act is |
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governed by the law in effect on the date the violation occurred, |
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and the former law is continued in effect for that purpose. |
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(b) Section 13.1016(c), Agriculture Code, as amended by |
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this Act, applies only to a registration issued or renewed on or |
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after the effective date of this Act. A registration issued or |
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renewed before the effective date of this Act is governed by the law |
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in effect on the date the registration was issued or renewed, and |
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the former law is continued in effect for that purpose. |
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(c) Section 13.1017, Agriculture Code, as amended by this |
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Act, and Section 17.105, Agriculture Code, as added by this Act, |
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apply only to a complaint received on or after the effective date of |
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this Act. A complaint received before the effective date of this Act |
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is governed by the law in effect on the date the complaint was |
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received, and the former law is continued in effect for that |
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purpose. |
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(d) Section 13.119, Agriculture Code, as amended by this |
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Act, applies only to an offense committed on or after the effective |
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date of this Act. An offense committed before the effective date of |
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this Act is governed by the law in effect on the date the offense was |
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committed, and the former law is continued in effect for that |
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purpose. For purposes of this section, an offense was committed |
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before the effective date of this Act if any element of the offense |
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occurred before that date. |
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SECTION 14. This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this Act takes effect September 1, 2019. |