85R6095 BEF-F     By: Nichols S.B. No. 1744       A BILL TO BE ENTITLED   AN ACT   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 13.001(a), Agriculture Code, is amended   by adding Subdivision (2-a) to read as follows:                (2-a)  "Motor fuel metering device" means a commercial   weighing or measuring device used for motor fuel sales with a   maximum flow rate of 20 gallons per minute or less.          SECTION 2.  Section 13.002, Agriculture Code, is amended by   adding Subsection (c) to read as follows:          (c)  The department shall contract with one or more license   holders under Subchapter I to perform the department's duties under   this chapter related to motor fuel metering devices. A reference in   this chapter to the commissioner or department in the context of a   contracted service means the contractor.          SECTION 3.  Section 13.101, Agriculture Code, is amended by   adding Subsection (e) to read as follows:          (e)  This section does not apply to a motor fuel metering   device.          SECTION 4.  Section 13.1011, Agriculture Code, is amended by   adding Subsection (e) to read as follows:          (e)  This section does not apply to a motor fuel metering   device.          SECTION 5.  Subchapter C, Chapter 13, Agriculture Code, is   amended by adding Section 13.1015 to read as follows:          Sec. 13.1015.  INSPECTION OF MOTOR FUEL METERING DEVICES.   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 I at least once 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 motor fuel; or                (2)   purchased, offered, or submitted by a proprietor,   agent, lessee, or employee for sale, hire, or award.          SECTION 6.  Subchapter C, Chapter 13, Agriculture Code, is   amended by adding Section 13.1016 to read as follows:          Sec. 13.1016.  REQUIRED REGISTRATION OF MOTOR 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 the registration fee required under   Section 13.1151; and                (4)  include documentation of compliance with Section   13.1015.           (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 13.1015.          (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).          SECTION 7.  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, except that the specifications and   tolerances for motor fuel metering devices shall be the same as   those recommended by the National Institute of Standards and   Technology.          SECTION 8.  Subchapter A, Chapter 17, Agriculture Code, is   amended by adding Section 17.002 to read as follows:          Sec. 17.002.  PERFORMANCE OF DUTIES UNDER CONTRACT. (a) The   department shall contract with one or more license holders under   Subchapter I, Chapter 13, to perform the department's duties under   this chapter, including collecting samples and conducting testing   under Section 17.072.          (b)  A reference in this chapter to the commissioner or   department in the context of a contracted service means the   contractor.          SECTION 9.  Sections 17.072(a) and (b), Agriculture Code,   are amended to read as follows:          (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 17.071.          (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.          SECTION 10.  Section 17.073(a), Agriculture Code, is amended   to read as follows:          (a)  If the department has laboratory results to confirm   [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.          SECTION 11.  Section 17.151, Agriculture Code, is repealed.          SECTION 12.  This Act takes effect September 1, 2017.