reglab/statecodes huggingface dataset:
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2310 - Motor Fuel Metering and Quality › Subchapter C. Inspection and Registration of Motor Fuel Metering Devices › Section 2310.108. Fees

Sec. 2310.108.  FEES.  The commission by rule shall establish fees in amounts reasonable and necessary to cover the cost of administering this chapter.
Added by Acts 2019, 86th Leg., R.S., Ch. 1219 (S.B. 2119), Sec. 1, eff. September 1, 2020.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2310 - Motor Fuel Metering and Quality › Subchapter C. Inspection and Registration of Motor Fuel Metering Devices › Section 2310.109. Refusing to Allow Test of Motor Fuel Metering Device

Sec. 2310.109.  REFUSING TO ALLOW TEST OF MOTOR FUEL METERING DEVICE.  (a)  A person commits an offense if the person refuses to allow a motor fuel metering device under the person's control or in the person's possession to be inspected, tested, or examined by the department, and the inspection, test, or examination is required or authorized by this chapter.
(b)  A person commits an offense if the person hinders or obstructs in any way the department, a department inspector, or other department employee in the performance of official duties.
(c)  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 motor fuel metering device under this chapter.
Added by Acts 2019, 86th Leg., R.S., Ch. 1219 (S.B. 2119), Sec. 1, eff. September 1, 2020.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2310 - Motor Fuel Metering and Quality › Subchapter C. Inspection and Registration of Motor Fuel Metering Devices › Section 2310.110. Sale or Use of Incorrect Motor Fuel Metering Device

Sec. 2310.110.  SALE OR USE OF INCORRECT MOTOR FUEL METERING DEVICE.  (a)  The department may condemn and prohibit the sale or distribution of any incorrect motor fuel metering device that is sold, offered for sale, or about to be sold in this state.
(b)  A person commits an offense if the person or the person's representative or agent knowingly:
(1)  offers or exposes for sale, hire, or award or sells an incorrect motor fuel metering device;
(2)  possesses an incorrect motor fuel metering device; or
(3)  sells, offers for sale, uses, or possesses for the purpose of sale or use a device or instrument to be used to falsify or intended to falsify a measure for motor fuel.
Added by Acts 2019, 86th Leg., R.S., Ch. 1219 (S.B. 2119), Sec. 1, eff. September 1, 2020.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 337 (S.B. 246), Sec. 16, eff. September 1, 2023.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2310 - Motor Fuel Metering and Quality › Subchapter C. Inspection and Registration of Motor Fuel Metering Devices › Section 2310.111. Disposing of Condemned Motor Fuel Metering Device

Sec. 2310.111.  DISPOSING OF CONDEMNED MOTOR FUEL METERING DEVICE.  A person commits an offense if the person or the person's representative or agent disposes of a motor fuel metering device condemned under Section 2310.105 or 2310.110 in a manner contrary to those sections.
Added by Acts 2019, 86th Leg., R.S., Ch. 1219 (S.B. 2119), Sec. 1, eff. September 1, 2020.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2310 - Motor Fuel Metering and Quality › Subchapter C. Inspection and Registration of Motor Fuel Metering Devices › Section 2310.112. Penalties

Sec. 2310.112.  PENALTIES.  An offense under Section 2310.109, 2310.110, or 2310.111 is a Class C misdemeanor.
Added by Acts 2019, 86th Leg., R.S., Ch. 1219 (S.B. 2119), Sec. 1, eff. September 1, 2020.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2310 - Motor Fuel Metering and Quality › Subchapter D. Licensing of Motor Fuel Metering Device Service Technicians and Motor Fuel Metering Device Service Companies › Section 2310.151. Definitions

Sec. 2310.151.  DEFINITIONS.  In this subchapter:
(1)  "Device maintenance activities" means activities described by Section 2310.152.
(2)  "License holder" means a person who holds a motor fuel metering device service company license or a motor fuel metering device service technician license.
(3)  "Service company" means a person who holds a motor fuel metering device service company license issued by the department under this subchapter.
(4)  "Service technician" means an individual who holds a motor fuel metering device service technician license issued by the department under this subchapter.
Added by Acts 2019, 86th Leg., R.S., Ch. 1219 (S.B. 2119), Sec. 1, eff. September 1, 2020.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2310 - Motor Fuel Metering and Quality › Subchapter D. Licensing of Motor Fuel Metering Device Service Technicians and Motor Fuel Metering Device Service Companies › Section 2310.152. Device Maintenance Activities

Sec. 2310.152.  DEVICE MAINTENANCE ACTIVITIES.  A person performs device maintenance activities if the person or the person's employee:
(1)  places a motor fuel metering device in service;
(2)  installs, calibrates, inspects, tests, or repairs a motor fuel metering device; or
(3)  removes an out-of-order tag, stop-sale order, security seal, lock, condemnation notice, or other form of use prohibition placed on a motor fuel metering device by the department.
Added by Acts 2019, 86th Leg., R.S., Ch. 1219 (S.B. 2119), Sec. 1, eff. September 1, 2020.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2310 - Motor Fuel Metering and Quality › Subchapter D. Licensing of Motor Fuel Metering Device Service Technicians and Motor Fuel Metering Device Service Companies › Section 2310.153. Powers and Duties of Department

Sec. 2310.153.  POWERS AND DUTIES OF DEPARTMENT.  (a)  To verify compliance with licensing requirements, trade practices, commission rules, and this chapter, the department may periodically or in response to a complaint or previous violation inspect an applicant's or license holder's:
(1)  facilities;
(2)  inspecting and testing equipment and procedures;
(3)  repair and calibration equipment, standards, and procedures;
(4)  transportation equipment; and
(5)  invoices, work orders, and other records related to device maintenance activities.
(b)  The department may periodically or in response to a complaint or previous violation monitor and inspect or test motor fuel metering devices that have been inspected and tested by a license holder and any standards used by the license holder during an inspection or test.
(c)  The commission by rule may adopt additional requirements for the issuance of a license and for the denial of an application for a license or renewal of a license.  Rules adopted by the commission under this subsection must be designed to protect the public health, safety, and welfare and ensure the proper inspection, testing, and operation of motor fuel metering devices.
(d)  The commission may adopt other rules necessary for the regulation of device maintenance activities, for the proper operation of motor fuel metering devices, and to protect the health, safety, and welfare of the public and license holders.
(e)  The department may specify the date, time, and place for any inspection authorized by this section.
Added by Acts 2019, 86th Leg., R.S., Ch. 1219 (S.B. 2119), Sec. 1, eff. September 1, 2020.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2310 - Motor Fuel Metering and Quality › Subchapter D. Licensing of Motor Fuel Metering Device Service Technicians and Motor Fuel Metering Device Service Companies › Section 2310.154. Exemptions From License Requirements

Sec. 2310.154.  EXEMPTIONS FROM LICENSE REQUIREMENTS.
(a)  A person is not required to hold a license issued under this subchapter if the person:
(1)  is a department employee who is performing device maintenance activities in the scope of the person's duties for the department;
(2)  is the owner or operator of a motor fuel metering device or an employee of the owner or operator of a motor fuel metering device and the person:
(A)  completely removes the motor fuel metering device from the location at which the device was installed, including a device subject to an out-of-order tag, stop-sale order, security seal, lock, condemnation notice, or other item placed on the device by the department to prohibit use of the device; and
(B)  notifies the department of the motor fuel metering device's removal not later than the 10th day after the date the device was removed in the manner provided by commission rule; or
(3)  performs device maintenance activities only on a motor fuel metering device that is:
(A)  exempt from the inspection and registration requirements of Sections 2310.102 and 2310.103 under commission rules; and
(B)  not required to be inspected by other commission rules.
(b)  The department is not required to hold a license issued under this subchapter or Subchapter I, Chapter 13, Agriculture Code.
Added by Acts 2019, 86th Leg., R.S., Ch. 1219 (S.B. 2119), Sec. 1, eff. September 1, 2020.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 337 (S.B. 246), Sec. 17, eff. September 1, 2023.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2310 - Motor Fuel Metering and Quality › Subchapter D. Licensing of Motor Fuel Metering Device Service Technicians and Motor Fuel Metering Device Service Companies › Section 2310.155. Service Technician License Required

Sec. 2310.155.  SERVICE TECHNICIAN LICENSE REQUIRED.  Unless exempt from the licensing requirement, an individual may not perform or offer to perform device maintenance activities unless the individual holds a service technician license issued by the department under this subchapter.
Added by Acts 2019, 86th Leg., R.S., Ch. 1219 (S.B. 2119), Sec. 1, eff. September 1, 2020.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2310 - Motor Fuel Metering and Quality › Subchapter D. Licensing of Motor Fuel Metering Device Service Technicians and Motor Fuel Metering Device Service Companies › Section 2310.156. Service Company License Required

Sec. 2310.156.  SERVICE COMPANY LICENSE REQUIRED.  (a)  Unless exempt from the license requirement, a person may not employ or contract with an individual who performs or offers to perform device maintenance activities unless the person holds a service company license issued by the department under this subchapter.
(b)  Unless exempt from the licensing requirement, an individual may not perform or offer to perform device maintenance activities as a sole proprietor unless the individual holds a service technician license and a service company license issued by the department under this subchapter.
Added by Acts 2019, 86th Leg., R.S., Ch. 1219 (S.B. 2119), Sec. 1, eff. September 1, 2020.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2310 - Motor Fuel Metering and Quality › Subchapter D. Licensing of Motor Fuel Metering Device Service Technicians and Motor Fuel Metering Device Service Companies › Section 2310.157. Application for License

Sec. 2310.157.  APPLICATION FOR LICENSE.  (a)  An applicant for a license under this subchapter must submit to the department:
(1)  an application form prescribed by the department;
(2)  any other information required by the department; and
(3)  a fee in an amount set by the department.
(b)  The department shall conduct a criminal background check on each applicant who submits an application for a license under this subchapter and on any controlling person of the applicant.  The department may, as permitted by law:
(1)  examine any criminal conviction, guilty plea, or deferred adjudication of the applicant or controlling person; and
(2)  obtain any criminal history or record of the applicant or controlling person.
Added by Acts 2019, 86th Leg., R.S., Ch. 1219 (S.B. 2119), Sec. 1, eff. September 1, 2020.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2310 - Motor Fuel Metering and Quality › Subchapter D. Licensing of Motor Fuel Metering Device Service Technicians and Motor Fuel Metering Device Service Companies › Section 2310.158. Service Technician License Requirements

Sec. 2310.158.  SERVICE TECHNICIAN LICENSE REQUIREMENTS.  (a)  The department shall issue a license to each qualified applicant who applies for a service technician license.
(b)  The commission by rule may require an applicant for the issuance or renewal of a service technician license to:
(1)  provide proof that the applicant has completed an academic, trade, or professional course of instruction approved by the department; and
(2)  pass a written test, a practical skills test, or both.
Added by Acts 2019, 86th Leg., R.S., Ch. 1219 (S.B. 2119), Sec. 1, eff. September 1, 2020.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2310 - Motor Fuel Metering and Quality › Subchapter D. Licensing of Motor Fuel Metering Device Service Technicians and Motor Fuel Metering Device Service Companies › Section 2310.159. Service Company License Requirements

Sec. 2310.159.  SERVICE COMPANY LICENSE REQUIREMENTS.  (a)  The department shall issue a license to each qualified applicant who applies for a service company license.
(b)  An applicant for the issuance or renewal of a license under this section must:
(1)  submit to the department a certificate of insurance evidencing that the applicant has an insurance policy that meets the requirements of Section 2310.160 effective for the period for which the license is to be issued or renewed; and
(2)  meet any other requirements provided by commission rule.
Added by Acts 2019, 86th Leg., R.S., Ch. 1219 (S.B. 2119), Sec. 1, eff. September 1, 2020.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2310 - Motor Fuel Metering and Quality › Subchapter D. Licensing of Motor Fuel Metering Device Service Technicians and Motor Fuel Metering Device Service Companies › Section 2310.160. Insurance Policy Required for Service Company

Sec. 2310.160.  INSURANCE POLICY REQUIRED FOR SERVICE COMPANY.  A service company shall maintain a current effective liability insurance policy issued by an insurance company authorized to do business in this state or by a surplus lines insurer that meets the requirements of Chapter 981, Insurance Code, and rules adopted by the commissioner of insurance in an amount set by commission rule and based on the type of licensed activities to be performed.
Added by Acts 2019, 86th Leg., R.S., Ch. 1219 (S.B. 2119), Sec. 1, eff. September 1, 2020.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2310 - Motor Fuel Metering and Quality › Subchapter D. Licensing of Motor Fuel Metering Device Service Technicians and Motor Fuel Metering Device Service Companies › Section 2310.161. Term of License

Sec. 2310.161.  TERM OF LICENSE.  A license issued under this subchapter is valid for one or two years as established by commission rule.
Added by Acts 2019, 86th Leg., R.S., Ch. 1219 (S.B. 2119), Sec. 1, eff. September 1, 2020.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2310 - Motor Fuel Metering and Quality › Subchapter D. Licensing of Motor Fuel Metering Device Service Technicians and Motor Fuel Metering Device Service Companies › Section 2310.162. License Renewal

Sec. 2310.162.  LICENSE RENEWAL.  The commission by rule shall establish the requirements for renewing a license and issuing a renewal license under this chapter, including payment of applicable fees.
Added by Acts 2019, 86th Leg., R.S., Ch. 1219 (S.B. 2119), Sec. 1, eff. September 1, 2020.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2310 - Motor Fuel Metering and Quality › Subchapter D. Licensing of Motor Fuel Metering Device Service Technicians and Motor Fuel Metering Device Service Companies › Section 2310.163. Practice by License Holder

Sec. 2310.163.  PRACTICE BY LICENSE HOLDER.  (a)  A license holder shall perform device maintenance activities in compliance with commission rules.
(b)  A license holder may use only equipment approved by the department, as provided by commission rules, when performing device maintenance activities.
Added by Acts 2019, 86th Leg., R.S., Ch. 1219 (S.B. 2119), Sec. 1, eff. September 1, 2020.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2310 - Motor Fuel Metering and Quality › Subchapter D. Licensing of Motor Fuel Metering Device Service Technicians and Motor Fuel Metering Device Service Companies › Section 2310.164. Criminal Penalty

Sec. 2310.164.  CRIMINAL PENALTY.  (a)  A person commits an offense if the person violates Section 2310.155 or 2310.156 or causes another person to violate Section 2310.155 or 2310.156.
(b)  An offense under Subsection (a) is a Class B misdemeanor, unless the person has been previously convicted of an offense under this section, in which case the offense is a Class A misdemeanor.
Added by Acts 2019, 86th Leg., R.S., Ch. 1219 (S.B. 2119), Sec. 1, eff. September 1, 2020.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2310 - Motor Fuel Metering and Quality › Subchapter E. Sale, Delivery, and Quality of Motor Fuel › Section 2310.201. Notice of Sale of Alcohol and Fuel Mixture

Sec. 2310.201.  NOTICE OF SALE OF ALCOHOL AND FUEL MIXTURE.  (a)  A dealer may not sell or offer for sale motor fuel from a motor fuel pump supplied by a storage tank into which motor fuel, in a mixture in which at least one percent of the mixture measured by volume is ethanol or methanol, has been delivered within the 60-day period preceding the date of sale or offer of sale unless the dealer prominently displays on the pump from which the mixture is sold a sign that:
(1)  is displayed on each side of the motor fuel pump on which the price of the motor fuel mixture sold from the pump is displayed;
(2)  states "Contains Ethanol" or "Contains Methanol," as applicable;
(3)  appears in contrasting colors with block letters at least one-half inch high and one-fourth inch wide; and
(4)  is displayed in a clear, conspicuous, and prominent manner, visible to customers using either side of the pump.
(b)  This section does not prohibit the posting of any other alcohol or additive information.  Other alcohol or additive information and any relevant posting are subject to regulation by the department.
Added by Acts 2019, 86th Leg., R.S., Ch. 1219 (S.B. 2119), Sec. 1, eff. September 1, 2020.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2310 - Motor Fuel Metering and Quality › Subchapter E. Sale, Delivery, and Quality of Motor Fuel › Section 2310.2011. Notice of Motor Fuel Tax Rates

Sec. 2310.2011.  NOTICE OF MOTOR FUEL TAX RATES.  (a)  The department shall display on each motor fuel pump from which motor fuel is sold at retail a notice of the current rates of the federal and state motor fuel taxes.  The notice must:
(1)  display the current rate of each tax, in cents per gallon, for each type of motor fuel;
(2)  be displayed on each face of the motor fuel pump on which the price of the motor fuel sold from the pump is displayed; and
(3)  be displayed in a clear, conspicuous, and prominent manner.
(b)  The department shall include the notice required under Subsection (a) with any other notice displayed or required by commission rule to be displayed.
Added by Acts 2015, 84th Leg., R.S., Ch. 1016 (H.B. 991), Sec. 1, eff. January 1, 2016.
Transferred, redesignated and amended from Agriculture Code, Section 17.0515 by Acts 2019, 86th Leg., R.S., Ch. 1219 (S.B. 2119), Sec. 3, eff. September 1, 2020.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2310 - Motor Fuel Metering and Quality › Subchapter E. Sale, Delivery, and Quality of Motor Fuel › Section 2310.2012. Documentation of Motor Fuel Mixture Sales

Sec. 2310.2012.  DOCUMENTATION OF MOTOR FUEL MIXTURE SALES.  (a)  Except as provided by Subsection (b), a distributor, supplier, or wholesaler 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 a manifest, bill of sale, bill of lading, or other document evidencing delivery of the mixture, that includes a statement containing:
(1)  the percentage of ethanol or methanol contained in the mixture; and
(2)  the types and percentages of any associated cosolvents contained in the mixture.
(b)  Subsection (a) does not apply to a delivery made into the fuel supply tanks of a motor vehicle.
(c)  The commission by rule may prescribe the form of the statement required by Subsection (a).
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.06, eff. April 1, 2009.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 97 (S.B. 893), Sec. 2, eff. September 1, 2011.
Transferred, redesignated and amended from Agriculture Code, Section 17.052 by Acts 2019, 86th Leg., R.S., Ch. 1219 (S.B. 2119), Sec. 3, eff. September 1, 2020.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 337 (S.B. 246), Sec. 18, eff. September 1, 2023.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2310 - Motor Fuel Metering and Quality › Subchapter E. Sale, Delivery, and Quality of Motor Fuel › Section 2310.2013. Record of Delivery Documents; Inspection Authorized

Sec. 2310.2013.  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 2310.2012 until the fourth anniversary of the delivery date.
(b)  Each distributor, supplier, and wholesaler of motor fuel shall keep a copy of each document required to be delivered to the dealer by Section 2310.2012 until the fourth anniversary of the delivery date.
(c)  The department or an authorized representative of the department may inspect documents described by this section.  On written notice issued by the department or an authorized representative of the department to any employee at a dealer's retail motor fuel facility or mailed to the principal place of business of a dealer, distributor, supplier, or wholesaler, the dealer, distributor, supplier, or wholesaler shall provide the department or authorized representative of the department with the documents described by this section within the period specified in the notice.
(c-1)  For purposes of this section, a person is an authorized representative of the department if the person:
(1)  holds a license issued under Subchapter D; and
(2)  is conducting an inspection on behalf of the department under this section.
(d)  The commission by rule may:
(1)  require each dealer, distributor, supplier, and wholesaler 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, or wholesaler; and
(2)  prescribe:
(A)  the manner of filing documents or records required to be kept under this section or by commission rule; and
(B)  the time, place, and manner of inspection of the documents or records.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.06, eff. April 1, 2009.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 97 (S.B. 893), Sec. 3, eff. September 1, 2011.
Transferred, redesignated and amended from Agriculture Code, Section 17.053 by Acts 2019, 86th Leg., R.S., Ch. 1219 (S.B. 2119), Sec. 3, eff. September 1, 2020.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 337 (S.B. 246), Sec. 19, eff. September 1, 2023.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2310 - Motor Fuel Metering and Quality › Subchapter E. Sale, Delivery, and Quality of Motor Fuel › Section 2310.2015. Sale of Motor Fuel With Inaccurate Automotive Fuel Rating

Sec. 2310.2015.  SALE OF MOTOR FUEL WITH INACCURATE AUTOMOTIVE FUEL RATING.  (a)  A dealer may not sell or offer for sale from a motor fuel pump motor fuel that has an automotive fuel rating lower than the rating for that motor fuel posted on the pump.
(b)  A distributor, supplier, or wholesaler of motor fuel may not deliver or transfer to a dealer in this state motor fuel that has an automotive fuel rating lower than the certification of the rating the distributor, supplier, or wholesaler is required to make to the dealer under federal law.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.06, eff. April 1, 2009.
Transferred, redesignated and amended from Agriculture Code, Section 17.055 by Acts 2019, 86th Leg., R.S., Ch. 1219 (S.B. 2119), Sec. 3, eff. September 1, 2020.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 337 (S.B. 246), Sec. 21, eff. September 1, 2023.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2310 - Motor Fuel Metering and Quality › Subchapter E. Sale, Delivery, and Quality of Motor Fuel › Section 2310.202. Minimum Motor Fuel Quality and Testing Standards

Sec. 2310.202.  MINIMUM MOTOR FUEL QUALITY AND TESTING STANDARDS.  (a)  The commission 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, for motor fuels other than motor fuels blended with ethanol; and
(2)  the National Institute of Standards and Technology, for motor fuels blended with ethanol.
(b)  The commission 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).
Added by Acts 2019, 86th Leg., R.S., Ch. 1219 (S.B. 2119), Sec. 1, eff. September 1, 2020.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2310 - Motor Fuel Metering and Quality › Subchapter E. Sale, Delivery, and Quality of Motor Fuel › Section 2310.203. Testing of Motor Fuel Quality

Sec. 2310.203.  TESTING OF MOTOR FUEL QUALITY.  (a)  The department or an authorized 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 2310.202.
(a-1)  For purposes of this section, a person is an authorized representative of the department if the person:
(1)  holds a license issued under Subchapter D; and
(2)  is conducting testing on behalf of the department under this section.
(b)  Repealed by Acts 2023, 88th Leg., R.S., Ch. 337 (S.B. 246), Sec. 25(6), eff. September 1, 2023.
(c)  On arriving at a facility to conduct testing under Subsection (a), the department or an authorized representative of the department shall notify an employee of the facility of the department's or representative's presence and purpose.
(c-1)  The commission shall adopt rules regulating the methods and procedures applicable to motor fuel testing under this section.
(d)  A person commits an offense if the person refuses to allow the department or an authorized representative of the department to collect samples or conduct motor fuel testing under Subsection (a).
(e)  An offense under Subsection (d) is a Class C misdemeanor.
Added by Acts 2019, 86th Leg., R.S., Ch. 1219 (S.B. 2119), Sec. 1, eff. September 1, 2020.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 337 (S.B. 246), Sec. 22, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 337 (S.B. 246), Sec. 25(6), eff. September 1, 2023.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2310 - Motor Fuel Metering and Quality › Subchapter E. Sale, Delivery, and Quality of Motor Fuel › Section 2310.204. Rules; Fees

Sec. 2310.204.  RULES; FEES.  (a)  The commission may adopt rules consistent with this subchapter for the regulation of the sale of motor fuels, including motor fuels that contain ethanol and methanol.
(b)  The commission by rule may impose a fee for testing, inspection, or the performance of other services provided as determined necessary by the commission in the administration of this subchapter.  A fee imposed under this subsection shall be collected from each dealer, distributor, and supplier, as defined by Section 162.001, Tax Code, on a periodic basis determined by the commission without regard to whether the motor fuel is subject to regulation under this subchapter.
(c)  The commission by rule shall prescribe the form for reporting and remitting the fees imposed under this section.
Added by Acts 2019, 86th Leg., R.S., Ch. 1219 (S.B. 2119), Sec. 1, eff. September 1, 2020.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 337 (S.B. 246), Sec. 25(7), eff. September 1, 2023.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2310 - Motor Fuel Metering and Quality › Subchapter E. Sale, Delivery, and Quality of Motor Fuel › Section 2310.205. Civil Penalty

Sec. 2310.205.  CIVIL PENALTY.  A person who sells or offers for sale motor fuel in violation of this subchapter or a rule adopted under this subchapter is liable to this state for a civil penalty of not less than $200 and not more than $2,500.
Added by Acts 2019, 86th Leg., R.S., Ch. 1219 (S.B. 2119), Sec. 1, eff. September 1, 2020.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2310 - Motor Fuel Metering and Quality › Subchapter E. Sale, Delivery, and Quality of Motor Fuel › Section 2310.206. Administrative Penalty

Sec. 2310.206.  ADMINISTRATIVE PENALTY.  The commission may impose an administrative penalty on a person under Subchapter F, Chapter 51, if the person sells or offers for sale motor fuel in violation of this subchapter or a rule adopted under this subchapter.
Added by Acts 2019, 86th Leg., R.S., Ch. 1219 (S.B. 2119), Sec. 1, eff. September 1, 2020.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2310 - Motor Fuel Metering and Quality › Subchapter E. Sale, Delivery, and Quality of Motor Fuel › Section 2310.207. Civil Action

Sec. 2310.207.  CIVIL ACTION.  (a)  If a dealer or a distributor, supplier, or wholesaler of motor fuel violates Section 2310.201, 2310.2012, 2310.2013, 2310.2014, or 2310.2015, a person who purchased the motor fuel and sustained damages or who has a complaint about the product may bring an action against the dealer, distributor, supplier, or wholesaler.
(b)  The action may be brought, without regard to the specific amount of damages, in the district court in any county in which:
(1)  the dealer, distributor, supplier, or wholesaler transacts business; or
(2)  the dealer resides.
(c)  The court shall award to a motor fuel user who prevails in an action under this section:
(1)  the amount of actual damages;
(2)  equitable relief as determined by the court to be necessary to remedy the effects of the violation, including a declaratory judgment, permanent injunctive relief, and temporary injunctive relief; and
(3)  court costs and attorney's fees that are reasonable in relation to the amount of work expended.
(d)  In addition to the remedies provided under Subsection (c), on finding that the defendant wilfully or knowingly violated Section 2310.201, 2310.2012, or 2310.2013, the trier of fact shall award not more than three times the amount of actual damages.
(e)  A violation of Section 2310.201, 2310.2012, 2310.2013, 2310.2014, or 2310.2015 also constitutes a deceptive trade practice under Subchapter E, Chapter 17, Business & Commerce Code.
(f)  An action alleging a violation of Section 2310.201, 2310.2012, 2310.2013, 2310.2014, or 2310.2015 must be commenced and prosecuted not later than the second anniversary of the date on which the cause of action accrues.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.06, eff. April 1, 2009.
Transferred, redesignated and amended from Agriculture Code, Section 17.152 by Acts 2019, 86th Leg., R.S., Ch. 1219 (S.B. 2119), Sec. 3, eff. September 1, 2020.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 337 (S.B. 246), Sec. 23, eff. September 1, 2023.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2310 - Motor Fuel Metering and Quality › Subchapter E. Sale, Delivery, and Quality of Motor Fuel › Section 2310.208. Civil Penalty

Sec. 2310.208.  CIVIL PENALTY.  A dealer, distributor, supplier, or wholesaler who violates Section 2310.201, 2310.2012, 2310.2013, 2310.2014, or 2310.2015 is liable to this state for a civil penalty of not less than $200 and not more than $10,000.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.06, eff. April 1, 2009.
Transferred, redesignated and amended from Agriculture Code, Section 17.153 by Acts 2019, 86th Leg., R.S., Ch. 1219 (S.B. 2119), Sec. 3, eff. September 1, 2020.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 337 (S.B. 246), Sec. 24, eff. September 1, 2023.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2310 - Motor Fuel Metering and Quality › Subchapter E. Sale, Delivery, and Quality of Motor Fuel › Section 2310.209. Criminal Offenses

Sec. 2310.209.  CRIMINAL OFFENSES.  (a)  A person commits an offense if the person knowingly violates Section 2310.201, 2310.2012, 2310.2013, 2310.2014, or 2310.2015 or a rule adopted by the commission to enforce or implement those sections.
(b)  A person commits an offense if the person knowingly:
(1)  refuses to permit an authorized person to test any motor fuel sold or held for sale in this state;
(2)  refuses to permit inspection of any document required to be kept or delivered by this subchapter on request of a person authorized to inspect the documents under Section 2310.2013 or 2310.2014; or
(3)  mutilates, destroys, secretes, forges, or falsifies any document, record, report, or sign required to be delivered, kept, filed, or posted by this subchapter or any rule adopted by the commission to enforce this subchapter.
(c)  An offense under Subsection (a) is a Class C misdemeanor.
(d)  An offense under Subsection (b) is a Class B misdemeanor.
(e)  The department or executive director may request the appropriate prosecuting attorney to prosecute a violation of this chapter.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.06, eff. April 1, 2009.
Transferred, redesignated and amended from Agriculture Code, Section 17.154 by Acts 2019, 86th Leg., R.S., Ch. 1219 (S.B. 2119), Sec. 3, eff. September 1, 2020.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2311 - Electric Vehicle Charging Stations › Section 2311.001. Electric Vehicle Charging Station Standards

Sec. 2311.001.  ELECTRIC VEHICLE CHARGING STATION STANDARDS.  (a)  This section applies only to an electric vehicle charging station that is:
(1)  installed after December 1, 2024;
(2)  made available to the public;
(3)  not intended primarily for private use; and
(4)  funded through public grants or state rebate programs.
(b)  The Texas Department of Licensing and Regulation, in consultation with the Texas Department of Transportation, shall adopt standards for electric vehicle charging stations that require the charging stations to be equipped with a standard electric vehicle charging connector or plug type that is widely compatible with as many electric vehicles as practicable.
Added by Acts 2023, 88th Leg., R.S., Ch. 211 (S.B. 1732), Sec. 1, eff. May 24, 2023.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2311 - Electric Vehicle Supply Equipment › Subchapter A. General Provisions › Section 2311.0101. Definitions

Sec. 2311.0101.  DEFINITIONS.  In this chapter:
(1)  "Commercial transaction" means any sale or exchange for compensation of electrical energy through a digital network.
(2)  "Commission" means the Texas Commission of Licensing and Regulation.
(3)  "Department" means the Texas Department of Licensing and Regulation.
(4)  "Digital network" means an online-enabled application, website, or system offered or used by an electric vehicle supply provider that allows a user to initiate a commercial transaction to dispense electrical energy from electric vehicle supply equipment to an electric vehicle.
(5)  "Electric vehicle supply equipment" means a device or equipment used to dispense electrical energy to an electric vehicle.
(6)  "Electric vehicle supply provider" means an owner or operator of electric vehicle supply equipment that is available and accessible to the public to provide electrical energy through a commercial transaction.
Added by Acts 2023, 88th Leg., R.S., Ch. 1153 (S.B. 1001), Sec. 1, eff. June 18, 2023.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2311 - Electric Vehicle Supply Equipment › Subchapter B. Powers and Duties › Section 2311.0201. Rules

Sec. 2311.0201.  RULES.  The commission shall adopt rules as necessary to implement this chapter.
Added by Acts 2023, 88th Leg., R.S., Ch. 1153 (S.B. 1001), Sec. 1, eff. June 18, 2023.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2311 - Electric Vehicle Supply Equipment › Subchapter B. Powers and Duties › Section 2311.0202. Fees

Sec. 2311.0202.  FEES.  The commission by rule shall set fees in amounts sufficient to cover the costs of administering this chapter.
Added by Acts 2023, 88th Leg., R.S., Ch. 1153 (S.B. 1001), Sec. 1, eff. June 18, 2023.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2311 - Electric Vehicle Supply Equipment › Subchapter B. Powers and Duties › Section 2311.0203. Contract

Sec. 2311.0203.  CONTRACT.  The department may contract to perform the department's duties related to electric vehicle supply equipment, including inspections.  A reference in this chapter to the commission or department in the context of a contracted service means the contractor.
Added by Acts 2023, 88th Leg., R.S., Ch. 1153 (S.B. 1001), Sec. 1, eff. June 18, 2023.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2311 - Electric Vehicle Supply Equipment › Subchapter B. Powers and Duties › Section 2311.0204. Inspection of Electric Vehicle Supply Equipment

Sec. 2311.0204.  INSPECTION OF ELECTRIC VEHICLE SUPPLY EQUIPMENT.  The department may periodically, or in response to a complaint, conduct an inspection of electric vehicle supply equipment in order to verify compliance with registration requirements and standards established in this chapter and commission rules, unless electric vehicle supply equipment is exempt from the application of this chapter by commission rule.
Added by Acts 2023, 88th Leg., R.S., Ch. 1153 (S.B. 1001), Sec. 1, eff. June 18, 2023.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2311 - Electric Vehicle Supply Equipment › Subchapter B. Powers and Duties › Section 2311.0205. Complaints Regarding Electric Vehicle Supply Equipment

Sec. 2311.0205.  COMPLAINTS REGARDING ELECTRIC VEHICLE SUPPLY EQUIPMENT.  In accordance with Chapter 51, the executive director of the department shall establish methods by which consumers are notified of the name, Internet website address, mailing address, and telephone number of the department for the purpose of directing complaints to the department.
Added by Acts 2023, 88th Leg., R.S., Ch. 1153 (S.B. 1001), Sec. 1, eff. June 18, 2023.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2311 - Electric Vehicle Supply Equipment › Subchapter B. Powers and Duties › Section 2311.0206. Exemptions

Sec. 2311.0206.  EXEMPTIONS.  (a)  The commission by rule may exempt electric vehicle supply equipment from a requirement established by this chapter if the commission determines that imposing or enforcing the requirement:
(1)  is not cost-effective for the department;
(2)  is not feasible with current resources or standards; or
(3)  will not substantially benefit or protect consumers.
(b)  Electric vehicle supply equipment is exempt from the requirements of this chapter if, in accordance with commission rule, the electric vehicle supply equipment is:
(1)  installed in or adjacent to a private residence for noncommercial use;
(2)  provided for the exclusive use of an individual, or a group of individuals, including employees, tenants, visitors, or residents of a multiunit housing or office development; or
(3)  provided by a business for use at no charge.
Added by Acts 2023, 88th Leg., R.S., Ch. 1153 (S.B. 1001), Sec. 1, eff. June 18, 2023.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2311 - Electric Vehicle Supply Equipment › Subchapter B. Powers and Duties › Section 2311.0207. Regulation of Legacy Chargers

Sec. 2311.0207.  REGULATION OF LEGACY CHARGERS.  The commission may adopt rules to regulate electric vehicle supply equipment in operation before January 1, 2024, that:
(1)  has never had a metering system in place capable of measuring electricity transferred from the charging station to the vehicle; or
(2)  is not capable of measuring the time elapsed while actively charging a vehicle and calculating a fee for the charging session.
Added by Acts 2023, 88th Leg., R.S., Ch. 1153 (S.B. 1001), Sec. 1, eff. June 18, 2023.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2311 - Electric Vehicle Supply Equipment › Subchapter C. Operation of Electric Vehicle Supply Equipment › Section 2311.0301. Duties of Electric Vehicle Supply Provider

Sec. 2311.0301.  DUTIES OF ELECTRIC VEHICLE SUPPLY PROVIDER.  Unless electric vehicle supply equipment is exempt from the application of this chapter or has been removed from service, an electric vehicle supply provider shall:
(1)  have electric vehicle supply equipment inspected as prescribed by commission rule; and
(2)  maintain electric vehicle supply equipment in compliance with maintenance specifications, this chapter, and commission rule.
Added by Acts 2023, 88th Leg., R.S., Ch. 1153 (S.B. 1001), Sec. 1, eff. June 18, 2023.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2311 - Electric Vehicle Supply Equipment › Subchapter C. Operation of Electric Vehicle Supply Equipment › Section 2311.0302. Required Registration

Sec. 2311.0302.  REQUIRED REGISTRATION.  (a)  Unless electric vehicle supply equipment is exempt from the application of this chapter by commission rule, an electric vehicle supply provider shall register each charging unit of electric vehicle supply equipment operated by the provider with the department before the electric vehicle supply equipment is made available for use on a digital network for a commercial transaction.
(b)  The department shall issue a registration to each applicant that meets the requirements of this chapter and submits an application that meets the requirements of this section. An application for electric vehicle supply equipment registration must:
(1)  be submitted to the department in a manner prescribed by the department;
(2)  be accompanied by any other document or form required by the department;
(3)  include any fee required under Section 2311.0202; and
(4)  include documentation of compliance with Section 2311.0303, as prescribed by commission rule.
Added by Acts 2023, 88th Leg., R.S., Ch. 1153 (S.B. 1001), Sec. 1, eff. June 18, 2023.