2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 13 - Weights and Measures › Subchapter C. Inspection and Registration of Weighing or Measuring Devices › Section 13.113. Standards Used in Inspection

Sec. 13.113.  STANDARDS USED IN INSPECTION.  (a)  The standards of weights and measures maintained by the department and certified by the National Institute of Standards and Technology or a metrology laboratory certified by the National Institute of Standards and Technology are the state's standards by which all state and local standards of weights and measures are tried, authenticated, proved, and certified.
(b)  The department shall maintain the primary standards in a safe and suitable place in the offices of the department.  The standards may not be moved except for repairs or certification.  The department shall maintain the standards in good order and shall submit them to the National Institute of Standards and Technology or to a laboratory approved by the National Institute of Standards and Technology for certification as required to maintain recognition of the department's metrology laboratory.
(c)  In addition to the standards kept by the state, the department shall maintain a complete set of copies of the original standards for use in adjusting local standards or in the performance of other official duties.  The department may purchase additional sets of standards as necessary for use by a department inspector or other department personnel.
(d)  At the request of a city, the department shall furnish the city with copies of the state's standards or test and approve other standards acquired by the city.  The city shall reimburse the state for the actual cost of the standards furnished, plus the costs of freight and certification.  All standards furnished to or tested for a city shall be true and correct and certified by the department.  The copies used by a city may be of any suitable material or construction that the city requests, subject to approval by the department.
(e)  The department, or a metrology laboratory certified by the National Institute of Standards and Technology and approved by the department, shall inspect and correct the standards used by a department inspector, other department employee, or individual or business licensed by the department to perform device maintenance activities under Subchapter I.
(f)  The department may adopt rules to regulate the frequency and place of inspection and correction of the standards used by an individual or business licensed by the department to perform device maintenance activities under Subchapter I.
(g)  The department may inspect any standard used by an individual or business licensed by the department to perform device maintenance activities described by Subchapter I if the department has reason to believe a standard is no longer in compliance with this chapter.
(h)  The department shall keep a record of the inspection and character of standards inspected under this section.
Acts 1981, 67th Leg., p. 1033, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1989, 71st Leg., ch. 230, Sec. 24, eff. Sept. 1, 1989.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 913 (H.B. 2925), Sec. 13, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 113 (H.B. 1527), Sec. 1, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 924 (H.B. 1494), Sec. 3.19, eff. September 1, 2013.
Acts 2017, 85th Leg., R.S., Ch. 1036 (H.B. 1730), Sec. 1, eff. June 15, 2017.