reglab/statecodes huggingface dataset:
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 12A - General Licensing Provisions › Subchapter B. Public Interest Information and Complaint Procedures › Section 12A.051. Information Regarding Complaints and Enforcement Process

Sec. 12A.051.  INFORMATION REGARDING COMPLAINTS AND ENFORCEMENT PROCESS.  (a)  The department shall:
(1)  inform applicants, license holders, and the public on the department's Internet website, in department brochures, and on any other available information resource about the department's enforcement process, including each step in the complaint investigation and resolution process, from initial filing through final appeal, and the opportunity to request an informal settlement conference; and
(2)  inform license holders that a license holder may obtain information about a complaint made against the license holder and may obtain on request a copy of the complaint file.
(b)  Except as provided by Subsection (d), the department shall provide to a license holder against whom a complaint has been filed:
(1)  the allegations made against the license holder in the complaint; and
(2)  on the license holder's request, any information obtained by the department in its investigation of the complaint.
(c)  The department shall provide the information required under Subsection (b) in a timely manner to allow the license holder time to respond to the complaint.
(d)  The department is not required to provide the following information to a license holder:
(1)  the name of a confidential informant whose testimony will not be used in any hearing as evidence against the license holder;
(2)  attorney-client communications;
(3)  attorney work product; or
(4)  any other information that is confidential or not subject to disclosure under law, rule of evidence, or rule of civil procedure.
Added by Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 6.03, eff. September 1, 2009.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 12A - General Licensing Provisions › Subchapter B. Public Interest Information and Complaint Procedures › Section 12A.052. Complaint and Violation Analysis

Sec. 12A.052.  COMPLAINT AND VIOLATION ANALYSIS.  The department shall analyze complaints filed with and violations discovered by the department to identify any trends or issues related to certain violations, including:
(1)  the reason for each complaint or violation;
(2)  how each complaint or violation was resolved; and
(3)  the subject matter of each complaint or violation that was not within the jurisdiction of the department and how the department responded to the complaint or violation.
Added by Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 6.03, eff. September 1, 2009.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 12A - General Licensing Provisions › Subchapter C. Issuance and Renewal of Licenses › Section 12A.101. Replacement License; Fee

Sec. 12A.101.  REPLACEMENT LICENSE; FEE.  The department shall issue to a license holder whose license has been lost or destroyed or whose name has been changed a replacement license if the license holder submits to the department:
(1)  an appropriate application; and
(2)  a fee in an amount established by department rule.
Added by Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 6.03, eff. September 1, 2009.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 12A - General Licensing Provisions › Subchapter D. Examinations › Section 12A.151. Examination Procedures

Sec. 12A.151.  EXAMINATION PROCEDURES.  For each licensing examination administered by the department, the department shall:
(1)  adopt policies and guidelines detailing the procedures for the testing process, including test admission and internal test administration procedures; and
(2)  post on the department's Internet website the policies that reference the testing procedures.
Added by Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 6.03, eff. September 1, 2009.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 12A - General Licensing Provisions › Subchapter D. Examinations › Section 12A.152. Evaluation of Examination Questions

Sec. 12A.152.  EVALUATION OF EXAMINATION QUESTIONS.  For each licensing examination administered by the department, the department shall periodically evaluate the effectiveness of examination questions in objectively assessing an applicant's knowledge.
Added by Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 6.03, eff. September 1, 2009.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 12A - General Licensing Provisions › Subchapter E. Penalties and Enforcement Procedures › Section 12A.201. Informal Proceedings

Sec. 12A.201.  INFORMAL PROCEEDINGS.  (a)  The department by rule shall adopt procedures governing:
(1)  informal disposition of a contested case under Section 2001.056, Government Code; and
(2)  an informal proceeding held in compliance with Section 2001.054, Government Code.
(b)  The department shall offer the opportunity to conduct an informal settlement conference by telephone.
(c)  The department shall:
(1)  provide a license holder sufficient opportunity to indicate whether the terms of a proposed order are acceptable to the license holder;
(2)  indicate in the notice of violation that the license holder has the opportunity described by Subdivision (1); and
(3)  allow a license holder who does not agree with a proposed order to request an informal settlement conference.
Added by Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 6.03, eff. September 1, 2009.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 13 - Weights and Measures › Subchapter A. General Provisions › Section 13.001. Definitions

Sec. 13.001.  DEFINITIONS.  (a)  In this chapter:
(1)  "Commercial weighing or measuring device" means a weighing or measuring device used in a commercial transaction.
(1-a)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 1219 (S.B. 2119), Sec. 10, eff. June 14, 2019.
(2)  "Operator" or "user" means a person in possession or control of a weighing or measuring device.
(3)  "Sell" includes barter or exchange.
(4)  "Weighing or measuring device" means a scale or a mechanical or electronic device used to dispense or deliver a commodity by weight, volume, flow rate, or other measure or to compute the charge for a service.
(5)  "Weight or measure of a commodity" means the weight or measure of a commodity as determined by a weighing or measuring device.
(b)  A reference to the weight of a commodity in this chapter is a reference to the net weight of the commodity.
(c)  In this chapter, "commodity" does not include motor fuel.
Acts 1981, 67th Leg., p. 1022, ch. 388, Sec. 1, eff. Sept. 1, 1981.
Amended by:
Acts 2005, 79th Leg., Ch. 43 (H.B. 760), Sec. 1, eff. September 1, 2005.
Acts 2009, 81st Leg., R.S., Ch. 913 (H.B. 2925), Sec. 1, eff. September 1, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 924 (H.B. 1494), Sec. 3.01, eff. September 1, 2013.
Acts 2017, 85th Leg., R.S., Ch. 841 (H.B. 2174), Sec. 1, eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 1219 (S.B. 2119), Sec. 5, eff. September 1, 2020.
Acts 2019, 86th Leg., R.S., Ch. 1219 (S.B. 2119), Sec. 10(1), eff. June 14, 2019.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 13 - Weights and Measures › Subchapter A. General Provisions › Section 13.002. Enforcement of Chapter

Sec. 13.002.  ENFORCEMENT OF CHAPTER.  (a)  The department shall enforce the provisions of this chapter and shall supervise all weighing or measuring devices sold or offered for sale in this state.  The department may purchase apparatus as necessary for the administration of this chapter.
(b)  The department shall, to the extent practical and cost effective, allow another state agency by interagency contract to execute the department's responsibilities under Subsection (a).  The contract may cover the whole state or only a specified region.
Acts 1981, 67th Leg., p. 1023, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1995, 74th Leg., ch. 419, Sec. 4.01, eff. Sept. 1, 1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 913 (H.B. 2925), Sec. 2, eff. September 1, 2009.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 13 - Weights and Measures › Subchapter A. General Provisions › Section 13.007. Civil Penalty; Injunction

Sec. 13.007.  CIVIL PENALTY;  INJUNCTION.  (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.
(b)  On request of the department, the attorney general or the county attorney or district attorney of the county in which the violation is alleged to have occurred shall file suit to collect the penalty.
(c)  A civil penalty collected under this section shall be deposited in the state treasury to the credit of the General Revenue Fund. All civil penalties recovered in suits first instituted by a local government or governments under this section shall be equally divided between the State of Texas and the local government or governments with 50 percent of the recovery to be paid to the General Revenue Fund and the other 50 percent equally to the local government or governments first instituting the suit.
(d)  The department is entitled to appropriate injunctive relief to prevent or abate a violation of this chapter or a rule adopted under this chapter.  On request of the department, the attorney general or the county or district attorney of the county in which the alleged violation is threatened or is occurring shall file suit for the injunctive relief.  Venue is in the county in which the alleged violation is threatened or is occurring.
(e)  The department and the attorney general may each recover reasonable expenses incurred in obtaining injunctive relief and civil penalties under this section, including investigative costs, court costs, reasonable attorney's fees, witness fees, and deposition expenses.  The expenses recovered by the department may be appropriated only to the department for the administration and enforcement of this chapter.  The expenses recovered by the attorney general may be appropriated only to the attorney general.
Added by Acts 1989, 71st Leg., ch. 230, Sec. 19, eff. Sept. 1, 1989.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 924 (H.B. 1494), Sec. 3.02, eff. September 1, 2013.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 13 - Weights and Measures › Subchapter B. Standard Weights and Measures › Section 13.021. Legal Standards

Sec. 13.021.  LEGAL STANDARDS.  (a)  The legal standard for the weight or measure of a commodity in this state is the standard weight or measure adopted and used by the government of the United States for that commodity.  If the United States does not provide a standard weight or measure for a commodity, the standard for that commodity is that established by this subchapter.
(b)  The department may adopt rules for the purpose of administering this subchapter and bringing about uniformity between the standards established under this subchapter and the standards established by federal law.
(c)  Except as otherwise provided by an express contract, a contract for work or sales by weight or measure of a commodity shall be construed in accordance with the standards of this subchapter.
(d)  The standards of this subchapter shall be the guide for making any adjustment of weighing or measuring devices under the law of this state.
Acts 1981, 67th Leg., p. 1023, ch. 388, Sec. 1, eff. Sept. 1, 1981.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 913 (H.B. 2925), Sec. 3, eff. September 1, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 924 (H.B. 1494), Sec. 3.03, eff. September 1, 2013.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 13 - Weights and Measures › Subchapter B. Standard Weights and Measures › Section 13.022. Standard for Length and Surface

Sec. 13.022.  STANDARD FOR LENGTH AND SURFACE.  (a)  The standard unit of length and surface is the yard.  The yard is divided into three equal parts called feet.  Each foot is divided into 12 parts called inches.  All measures of extension, including lineal, superficial, and solid measures, shall be derived and ascertained from the yard.
(b)  For measure of a commodity commonly sold by the yard, including cloth, the yard may be divided into halves, quarters, eighths, and sixteenths.
(c)  The rod, pole, or perch contains 5-1/2 yards.  The mile contains 1,760 yards.  The Spanish vara contains 33-1/3 inches.
(d)  If land is measured by the English rule, the chain for measuring land shall be 22 yards long and divided into 100 equal parts called links.
(e)  For land measure, the acre is measured horizontally and contains 4,840 square yards, and a square mile contains 640 acres.
Acts 1981, 67th Leg., p. 1024, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 13 - Weights and Measures › Subchapter B. Standard Weights and Measures › Section 13.023. Standard for Weight

Sec. 13.023.  STANDARD FOR WEIGHT.  (a)  The standard for weight is the standard of avoirdupois and troy weights.  Other weights shall be derived and ascertained from that standard.
(b)  The avoirdupois pound bears to the troy pound the ratio of 7,000 grains to 5,760 grains.  The avoirdupois pound is divided into 16 equal parts called ounces.
(c)  The hundredweight consists of 100 avoirdupois pounds.  The ton consists of 2,000 avoirdupois pounds.
(d)  The troy ounce is equal to one-twelfth of a troy pound.
Acts 1981, 67th Leg., p. 1024, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 13 - Weights and Measures › Subchapter B. Standard Weights and Measures › Section 13.024. Standard for Liquid Capacity

Sec. 13.024.  STANDARD FOR LIQUID CAPACITY.  (a)  The standard unit of measure of capacity for liquids is the gallon.
(b)  Except as provided by Subsection (c), all other measures of capacity for liquids are derived from the gallon by continual division by two, making half gallons, quarts, pints, half pints, and gills.
(c)  A mechanism or machine that is adapted to measure and deliver liquid by volume and that indicates fractional parts of a gallon shall indicate the fractional parts either in terms of binary submultiple subdivisions or in terms of tenths of a gallon.
(d)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 1219 (S.B. 2119), Sec. 10, eff. June 14, 2019.
Acts 1981, 67th Leg., p. 1024, ch. 388, Sec. 1, eff. Sept. 1, 1981.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 924 (H.B. 1494), Sec. 3.04, eff. September 1, 2013.
Acts 2019, 86th Leg., R.S., Ch. 1219 (S.B. 2119), Sec. 6, eff. September 1, 2020.
Acts 2019, 86th Leg., R.S., Ch. 1219 (S.B. 2119), Sec. 10(2), eff. June 14, 2019.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 13 - Weights and Measures › Subchapter B. Standard Weights and Measures › Section 13.025. Standard for Solid Capacity

Sec. 13.025.  STANDARD FOR SOLID CAPACITY.  (a)  The standard unit of measure of capacity for a solid is the half bushel.
(b)  The peck, half-peck, quarter-peck, quart, and pint measures for solid commodities are derived from the half bushel by successively dividing that measure by two.
(c)  The bushel contains 2,150-42/100 cubic inches.  The half bushel contains 1,075-20/100 cubic inches.  The gallon contains 231 cubic inches.
(d)  In measuring dry commodities, the measure may not be heaped but shall be stricken with a straight stick or roller.
Acts 1981, 67th Leg., p. 1024, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 13 - Weights and Measures › Subchapter B. Standard Weights and Measures › Section 13.026. Cord

Sec. 13.026.  CORD.  (a)  A cord is equal to 128 cubic feet or the contents of a space 8 feet long, 4 feet wide, and 4 feet high.
(b)  A cord of wood intended for use as fuel is the amount of wood contained in a space of 128 cubic feet when the wood is ranked and well-stowed and one-half the kerf of the wood is included.
Acts 1981, 67th Leg., p. 1024, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 13 - Weights and Measures › Subchapter B. Standard Weights and Measures › Section 13.027. Standard Net Weight or Count Set by Rule

Sec. 13.027.  STANDARD NET WEIGHT OR COUNT SET BY RULE.  (a)  The department by rule may establish a standard net weight or net count for any commodity and prescribe tolerances for those standards as the department considers necessary for the proper protection of the public.
(b)  A person violates this chapter if the person fails or refuses to comply with the rules adopted under this section.
Acts 1981, 67th Leg., p. 1025, ch. 388, Sec. 1, eff. Sept. 1, 1981.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 924 (H.B. 1494), Sec. 3.05, eff. September 1, 2013.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 13 - Weights and Measures › Subchapter B. Standard Weights and Measures › Section 13.028. Standard Weight per Bushel for Certain Commodities

Sec. 13.028.  STANDARD WEIGHT PER BUSHEL FOR CERTAIN COMMODITIES.  If the following commodities are sold by the bushel and no agreement is made by the parties as to the measurement or weight, the bushel shall consist of the listed number of pounds:
barley
48 pounds
shelled corn
56 pounds
flax seed
56 pounds
oats
32 pounds
rye
56 pounds
wheat
60 pounds
cottonseed
32 pounds
Acts 1981, 67th Leg., p. 1025, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 13 - Weights and Measures › Subchapter B. Standard Weights and Measures › Section 13.029. Exemption of Weighing or Measuring Devices

Sec. 13.029.  EXEMPTION OF WEIGHING OR MEASURING DEVICES.  (a) The department by rule may exempt a weighing or measuring device from a requirement established by this chapter if the department 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)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 1219 (S.B. 2119), Sec. 10, eff. June 14, 2019.
Added by Acts 2009, 81st Leg., R.S., Ch. 913 (H.B. 2925), Sec. 4, eff. September 1, 2009.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 841 (H.B. 2174), Sec. 2, eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 1219 (S.B. 2119), Sec. 10(3), eff. June 14, 2019.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 13 - Weights and Measures › Subchapter B. Standard Weights and Measures › Section 13.030. Sale of Commodities by Net Weight

Sec. 13.030.  SALE OF COMMODITIES BY NET WEIGHT.  (a)  If a commodity is sold on the basis of weight, the net weight of the commodity shall be employed in the sale.  A contract concerning goods sold on the basis of weight shall be construed to employ net weight.
(b)  This section does not apply to bales of cotton.
(c)  A person commits an offense if, in the sale of a commodity by weight, the person employs a weight other than net weight.
Acts 1981, 67th Leg., p. 1026, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 13 - Weights and Measures › Subchapter B. Standard Weights and Measures › Section 13.031. Sale of Commodities by Proper Measure

Sec. 13.031.  SALE OF COMMODITIES BY PROPER MEASURE.  (a)  Except as otherwise provided by this section, a liquid commodity shall be sold by liquid measure.  A commodity, including a good, ware, or merchandise item, that is not liquid shall be sold by length, weight, or numerical count if the commodity has been or is capable of being sold by one of those measures.
(b)  A liquid commodity may be sold by other than liquid measure if sold for immediate consumption on the premises where sold.
(c)  A liquid commodity may be sold by weight if there is a general consumer usage to express the quantity of the commodity by weight and the expression gives accurate information as to the weight of the commodity.
(d)  This section does not prevent the sale of:
(1)  fruits, vegetables, or other dry commodities in the standard barrel or by other method provided for by state or federal law;
(2)  berries and small fruits in boxes as provided for by other state law;  or
(3)  vegetables or fruits by the head or bunch if the vegetable or fruit is usually sold in that manner.
(e)  This section does not apply to a commodity in an original package, which includes any wholesale or retail package, carton, case, can, barrel, bottle, box, phial, or other receptacle, or the coverings or wrappings of a commodity, that is put up by the manufacturer, that may be labeled, branded, stenciled, or otherwise marked, and that makes one complete package.
(f)  A person violates this chapter if, in violation of this section, the person sells a liquid commodity by other than liquid measure or a commodity that is not liquid by a measure other than length, weight, or numerical count.
Acts 1981, 67th Leg., p. 1026, ch. 388, Sec. 1, eff. Sept. 1, 1981.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 924 (H.B. 1494), Sec. 3.06, eff. September 1, 2013.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 13 - Weights and Measures › Subchapter B. Standard Weights and Measures › Section 13.032. Standard Fill and Quantity Labeling for Commodities in Package Form

Sec. 13.032.  STANDARD FILL AND QUANTITY LABELING FOR COMMODITIES IN PACKAGE FORM.  (a)  For the purpose of preventing the sale of commodities in package form with containers that mislead the purchaser as to quantity, the department by rule may establish a standard fill for commodities in package form.  The rules must be reasonable with respect to the physical characteristics of the container, the prevailing method of handling and transporting the package, and generally accepted good commercial practice in filling methods.  The rules shall provide for reasonable variations and tolerances.
(b)  Except as otherwise provided by this section, a commodity in package form shall be plainly and conspicuously marked on the outside of the package with:
(1)  the net quantity of the contents in terms of weight, measure, numerical count, or a combination thereof, which is generally used by consumers and users to express the quantity of such commodity;  and
(2)  the name and place of business of the manufacturer, packer, or distributor.
(c)  The department by rule shall provide exemptions from the requirements of Subsection (b)(1) of this section for small packages and from the requirements of Subsection (b)(2) of this section for packages sold on the premises where packed.
(d)  The department by rule shall prescribe reasonable variations or tolerances for the statement of net quantity required under Subsection (b)(1) of this section.
(e)  A box or carton used for shipping purposes containing a number of packages that are individually marked in accordance with Subsection (b) of this section is not required to be marked in accordance with that subsection.
(f)  A commodity is in package form if for wholesale or retail it:
(1)  is in a package, carton, case, can, box, bag, barrel, bottle, or phial, on a spool or similar holder, in a container or band, in a roll, ball, coil, skein, or other receptacle, or in coverings or wrappings of any kind;
(2)  is put up by the manufacturer or, if put up prior to ordering, by the vendor;
(3)  is suitable for labeling, branding, stenciling, or marking in another manner;  and
(4)  makes one complete package.
(g)  This section does not apply to bales of cotton, commodities in package form of which the manner of sale is regulated by other law, or to stationery in tablet form.
(h)  A person commits an offense if the person sells, keeps for sale, or offers or exposes for sale a commodity in package form that is:
(1)  not labeled in accordance with this section;
(2)  in a container that is made, formed, filled, or wrapped so as to mislead the purchaser as to the quantity of the contents;  or
(3)  in a container the contents of which fall below the standard fill prescribed by rule under Subsection (a) of this section.
Acts 1981, 67th Leg., p. 1026, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1985, 69th Leg., ch. 276, Sec. 1, eff. Aug. 26, 1985.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 13 - Weights and Measures › Subchapter B. Standard Weights and Measures › Section 13.033. Sale of Milk or Cream in Nonstandard Container

Sec. 13.033.  SALE OF MILK OR CREAM IN NONSTANDARD CONTAINER.  A person violates this chapter if the person sells or keeps, offers, or exposes for sale milk or cream in bottles or other containers of a capacity other than one of the standard liquid measures provided for by Section 13.024.
Acts 1981, 67th Leg., p. 1027, ch. 388, Sec. 1, eff. Sept. 1, 1981.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 924 (H.B. 1494), Sec. 3.07, eff. September 1, 2013.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 13 - Weights and Measures › Subchapter B. Standard Weights and Measures › Section 13.034. Sale of Cheese, Meat, or Meat Food Product by Nonstandard Weight

Sec. 13.034.  SALE OF CHEESE, MEAT, OR MEAT FOOD PRODUCT BY NONSTANDARD WEIGHT.  (a)  Except as otherwise provided by this section or Section 13.032 of this code, cheese, meat, and meat food products shall be sold by standard net weight.
(b)  Cheese, meat, or a meat food product may be sold by other than standard net weight if sold for immediate consumption on the premises where sold.
(c)  Poultry may be sold by live weight if weighed at the time of sale.  Poultry dressed or killed prior to the time of sale, whether cooked or uncooked, shall be sold by net weight at the time of sale.  Fresh-cooked poultry may be sold by the piece or by the head.
(d)  A person violates this chapter if, in violation of this section, the person sells or keeps, offers, or exposes for sale cheese, meat, or a meat food product by a measure other than standard net weight.
(e)  In this section:
(1)  "Meat or meat food product" includes fresh, cured, or salt meats;  poultry;  fish;  sausage;  chili;  headcheese;  souse meat;  loaf meat;  boneless meat;  shredded meat;  hamburger;  and any other manufactured, prepared, or processed meat or meat food product.
(2)  "Poultry" includes turkeys, chickens, ducks, geese, guineas, squabs, and all other domesticated fowl.
Acts 1981, 67th Leg., p. 1027, ch. 388, Sec. 1, eff. Sept. 1, 1981.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 924 (H.B. 1494), Sec. 3.08, eff. September 1, 2013.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 13 - Weights and Measures › Subchapter B. Standard Weights and Measures › Section 13.035. Price Advertisement; Misrepresentation of Price or Quantity

Sec. 13.035.  PRICE ADVERTISEMENT;  MISREPRESENTATION OF PRICE OR QUANTITY.  (a)  If a price sign, card, tag, poster, or other advertisement displaying the price of a commodity or other item includes a whole number and a fraction, the figures in the fraction shall be of proportionate size and legibility to those of the whole number.
(b)  A person violates this chapter if the person:
(1)  misrepresents the price of a commodity, item, or service sold or offered or exposed for sale; or
(2)  represents the price or the quantity of a commodity, item, or service sold or offered or exposed for sale in a manner intended or tending to mislead or deceive an actual or prospective customer.
Acts 1981, 67th Leg., p. 1028, ch. 388, Sec. 1, eff. Sept. 1, 1981.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 924 (H.B. 1494), Sec. 3.09, eff. September 1, 2013.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 13 - Weights and Measures › Subchapter B. Standard Weights and Measures › Section 13.036. False Representation of Commodity Quantity

Sec. 13.036.  FALSE REPRESENTATION OF COMMODITY QUANTITY.  A person violates this chapter if the person or the person's servant or agent:
(1)  sells or offers or exposes for sale a quantity of a commodity or service that is less than the quantity the person represents; or
(2)  as a buyer furnishing the weight or measure of a commodity or service by which the amount of the commodity or service is determined, takes or attempts to take more than the quantity the person represents.
Acts 1981, 67th Leg., p. 1028, ch. 388, Sec. 1, eff. Sept. 1, 1981.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 913 (H.B. 2925), Sec. 5, eff. September 1, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 924 (H.B. 1494), Sec. 3.10, eff. September 1, 2013.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 13 - Weights and Measures › Subchapter B. Standard Weights and Measures › Section 13.037. Use of Incorrect Weighing or Measuring Device

Sec. 13.037.  USE OF INCORRECT WEIGHING OR MEASURING DEVICE.  (a)  A person commits an offense if the person or the person's servant or agent knowingly uses an incorrect weighing or measuring device in:
(1)  buying or selling a commodity;
(2)  computing a charge for services rendered on the basis of weight or measure; or
(3)  determining the weight or measure of a commodity, if a charge is made for the determination.
(b)  For the purpose of this section, a weighing or measuring device is incorrect if it:
(1)  does not conform as closely as practicable to the official standards;
(2)  is not accurate;
(3)  is of a construction that is not reasonably permanent in adjustment or does not correctly repeat its indications;
(4)  facilitates the perpetration of fraud; or
(5)  does not conform to the specifications and tolerances established by the department under Section 13.114.
Acts 1981, 67th Leg., p. 1028, ch. 388, Sec. 1, eff. Sept. 1, 1981.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 913 (H.B. 2925), Sec. 5, eff. September 1, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 924 (H.B. 1494), Sec. 3.11, eff. September 1, 2013.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 13 - Weights and Measures › Subchapter B. Standard Weights and Measures › Section 13.038. Sale of Commodity in Violation of Subchapter

Sec. 13.038.  SALE OF COMMODITY IN VIOLATION OF SUBCHAPTER.  A person violates this chapter if the person or the person's servant or agent sells or keeps, offers, or exposes for sale a commodity in violation of this subchapter.
Acts 1981, 67th Leg., p. 1029, ch. 388, Sec. 1, eff. Sept. 1, 1981.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 924 (H.B. 1494), Sec. 3.12, eff. September 1, 2013.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 13 - Weights and Measures › Subchapter B. Standard Weights and Measures › Section 13.039. Testing of Package by Department

Sec. 13.039.  TESTING OF PACKAGE BY DEPARTMENT.  (a)  The department shall from time to time weigh or measure a package or an amount of any commodity that is kept or offered for sale, sold, or in the process of delivery, in order to determine:
(1)  if the commodity is of the amount or quantity represented; or
(2)  if the commodity is being offered for sale or sold in accordance with law.
(b)  If the department finds that a package or any lot of a commodity contains less of the commodity than the amount represented, the department may seize the package or the commodity as evidence.
(c)  A person commits an offense if the person or the person's employee or agent refuses to exhibit a commodity being sold or offered for sale at a given weight or quantity, or ordinarily sold in that manner, to the department for testing and proving as to quantity.
Acts 1981, 67th Leg., p. 1029, ch. 388, Sec. 1, eff. Sept. 1, 1981.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 913 (H.B. 2925), Sec. 5, eff. September 1, 2009.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 13 - Weights and Measures › Subchapter B. Standard Weights and Measures › Section 13.040. Stop-Sale Order

Sec. 13.040.  STOP-SALE ORDER.  (a)  If the department has reason to believe that a commodity is being sold or kept, offered, or exposed for sale in violation of this chapter or that a commodity or service is being sold or offered for sale by or through the use of a weighing or measuring device that is in violation of this chapter, the department may issue and enforce a written or printed order to stop the sale of the commodity or service.  The department shall present the order to the owner or custodian of the commodity or seller of the service.  The person receiving the order may not sell the commodity or provide the service until discharged by a court under Subsection (b) or until the commissioner finds that the commodity or weighing or measuring device is in compliance with this chapter.
(b)  The owner or custodian of a commodity or a person selling or offering for sale a service prohibited from sale by an order of the department is entitled to sue in a court of competent jurisdiction where the commodity is found or the service is being sold or offered for sale for a judgment as to the justification of the order and for the discharge of the commodity or service in accordance with the findings of the court.
(c)  This section does not limit the right of the department to proceed as authorized by other sections of this code.
Acts 1981, 67th Leg., p. 1029, ch. 388, Sec. 1, eff. Sept. 1, 1981.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 924 (H.B. 1494), Sec. 3.13, eff. September 1, 2013.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 13 - Weights and Measures › Subchapter B. Standard Weights and Measures › Section 13.041. Penalties; Defense

Sec. 13.041.  PENALTIES; DEFENSE.  (a)  An offense under Section 13.030, 13.032, 13.037, or 13.039 is a Class C misdemeanor.
(b)  It is a defense to prosecution or to the imposition of a civil or administrative penalty for a violation of Sections 13.030-13.038 that a discrepancy between the actual weight or volume at the time of sale to a consumer and the weight marked on the container or a discrepancy between the fill of a container and the capacity of the container is due to unavoidable leakage, shrinkage, evaporation, waste, or causes beyond the control of the seller acting in good faith.
Acts 1981, 67th Leg., p. 1029, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1989, 71st Leg., ch. 230, Sec. 20, eff. Sept. 1, 1989.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 924 (H.B. 1494), Sec. 3.14, eff. September 1, 2013.
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 13.1001. Authority to Inspect

Sec. 13.1001.  AUTHORITY TO INSPECT.  (a)  If the department has reason to believe that a weighing or measuring device is being used for a commercial transaction and the device is not registered with the department, the department may inspect the device and the records of the owner, operator, or user of the device that relate to use of the device to determine whether the device is in compliance with this chapter.
(b)  The department has reason to believe a weighing or measuring device is being used for a commercial transaction if:
(1)  the weighing or measuring device is found in close proximity to commodities being sold or offered for sale by weight or measure and the device appears to be under the control or in the possession of the person selling the commodities or offering the commodities for sale; or
(2)  other available evidence is sufficient for a prudent person to believe that the weighing or measuring device is being used for a commercial transaction.
Added by Acts 2013, 83rd Leg., R.S., Ch. 924 (H.B. 1494), Sec. 3.15, eff. September 1, 2013.
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 13.1002. Exemption of Certain Weighing or Measuring Devices

Sec. 13.1002.  EXEMPTION OF CERTAIN WEIGHING OR MEASURING DEVICES.  Notwithstanding any other law, a commercial weighing or measuring device is exempt from this subchapter, including the inspection requirements under Section 13.101 and the registration requirements under Section 13.1011, if the device is exclusively used to weigh food:
(1)  sold ready for immediate consumption, regardless of whether the food is consumed on the premises where the food is weighed and sold; and
(2)  not exempted from sales and use taxes under Section 151.314, Tax Code.
Added by Acts 2017, 85th Leg., R.S., Ch. 409 (H.B. 2029), Sec. 1, eff. September 1, 2017.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 52 (H.B. 2223), Sec. 1, eff. May 17, 2019.
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 13.101. Inspection of Devices

Sec. 13.101.  INSPECTION OF DEVICES.  (a)  Unless a commercial weighing or measuring device is exempt from the application of this section by department rule, a commercial weighing or measuring device shall be inspected and tested for correctness by the department at least once every four years, or more often as required by the department, if it:
(1)  is kept for sale, sold, or used by a proprietor, agent, lessee, or employee in proving the weight or measure, including the size, quantity, extent, or area, of any item; or
(2)  is purchased, offered, or submitted by a proprietor, agent, lessee, or employee for sale, hire, or award.
(b)  The department may, to the extent necessary to ensure compliance with the official standards, implement risk-based inspections, respond to complaints, and, as a term of probation, require or perform additional inspection and testing of commercial weighing or measuring devices.
(c)  A person who uses or keeps for use, or has or offers for sale, a commercial weighing or measuring device is responsible for having the device inspected and tested as required by this section, department rule, or department order imposing a term of probation.
(d)   The department may inspect and test a commercial weighing or measuring device less frequently than required by Subsection (a):
(1)  to accommodate complaint-based and risk-based inspection schedules; or
(2)  in response to an emergency or a limitation in department funding.
(e)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 1219 (S.B. 2119), Sec. 10, eff. June 14, 2019.
Acts 1981, 67th Leg., p. 1030, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1989, 71st Leg., ch. 230, Sec. 21, eff. Sept. 1, 1989;  Acts 2003, 78th Leg., ch. 122, Sec. 1, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 200, Sec. 4(b), eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 913 (H.B. 2925), Sec. 7, eff. September 1, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 924 (H.B. 1494), Sec. 3.16, eff. September 1, 2013.
Acts 2017, 85th Leg., R.S., Ch. 841 (H.B. 2174), Sec. 3, eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 1219 (S.B. 2119), Sec. 10(4), eff. June 14, 2019.
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 13.1011. Required Registration

Sec. 13.1011.  REQUIRED REGISTRATION.  (a)  Unless a commercial weighing or measuring device is exempt from the application of this section by department rule, a person who owns or operates a commercial weighing or measuring 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; and
(3)  include the registration fee required under Section 13.1151.
(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 the renewal fee required by department rule.
(d)  If a person fails to register or renew a registration as required by this section and pay the fee required under Section 13.1151, the department may assess a late fee against the person, prohibit the operation of the weighing or measuring device, or both assess the fee and prohibit the operation of the device.
(e)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 1219 (S.B. 2119), Sec. 10, eff. June 14, 2019.
Added by Acts 1985, 69th Leg., ch. 239, Sec. 57(a), eff. Sept. 1, 1985.
Amended by:
Acts 2005, 79th Leg., Ch. 43 (H.B. 760), Sec. 4, eff. September 1, 2005.
Acts 2009, 81st Leg., R.S., Ch. 913 (H.B. 2925), Sec. 8, eff. September 1, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 924 (H.B. 1494), Sec. 3.17, eff. September 1, 2013.
Acts 2017, 85th Leg., R.S., Ch. 841 (H.B. 2174), Sec. 4, eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 1219 (S.B. 2119), Sec. 10(5), eff. June 14, 2019.
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 13.111. Repair or Destruction of Incorrect Commercial Weighing or Measuring Devices

Sec. 13.111.  REPAIR OR DESTRUCTION OF INCORRECT COMMERCIAL WEIGHING OR MEASURING DEVICES.  (a)  If, in the judgment of the department, a commercial weighing or measuring device found to be incorrect is not capable of being repaired, the department may condemn, seize, and destroy the device.
(b)  If, in the judgment of the department, an incorrect commercial weighing or measuring device is capable of being repaired, the department shall place on the device a tag or other mark with the words "Out of Order."  The owner or user of the commercial weighing or measuring device may not use it until it is reinspected and released for use by the department or inspected and released for use in any other manner authorized by department rule.
(c)  The owner, operator, or user of a commercial weighing or measuring device may not destroy, replace, or otherwise dispose of a device declared to be incorrect or condemned under this section except as provided by department rule.
Acts 1981, 67th Leg., p. 1032, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1995, 74th Leg., ch. 419, Sec. 4.03, eff. Sept. 1, 1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 913 (H.B. 2925), Sec. 11, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 913 (H.B. 2925), Sec. 28(7), eff. September 1, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 924 (H.B. 1494), Sec. 3.18, eff. September 1, 2013.
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 13.112. Tests for State Institutions

Sec. 13.112.  TESTS FOR STATE INSTITUTIONS.  As requested by the comptroller or the governing body of a state institution, the department shall test each weighing or measuring device used by a state institution for any purpose, including a weighing or measuring device used in checking the receipt and distribution of supplies.  The department shall report results of the test to the chairman of the governing body of the institution.
Acts 1981, 67th Leg., p. 1033, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1989, 71st Leg., ch. 230, Sec. 23, eff. Sept. 1, 1989.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 937 (H.B. 3560), Sec. 1.80, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 913 (H.B. 2925), Sec. 12, eff. September 1, 2009.
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 13.114. Tolerances

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.
Acts 1981, 67th Leg., p. 1033, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1989, 71st Leg., ch. 230, Sec. 25, eff. Sept. 1, 1989.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 913 (H.B. 2925), Sec. 14, eff. September 1, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 924 (H.B. 1494), Sec. 3.20, eff. September 1, 2013.
Acts 2017, 85th Leg., R.S., Ch. 841 (H.B. 2174), Sec. 6, eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 1219 (S.B. 2119), Sec. 7, eff. September 1, 2020.
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 13.115. Fees for Department Inspection

Sec. 13.115.  FEES FOR DEPARTMENT INSPECTION.  (a)  The department may collect a fee for each test of a weighing or measuring device required by this subchapter or performed on request of the owner.
(b)  Repealed by Acts 1995, 74th Leg., ch. 419, Sec. 10.09(5), eff. Sept. 1, 1995.
(c)  The department shall charge a fee, as provided by department rule, for tolerance testing of a weight by the department's metrology laboratory.
(d)  The department shall charge a fee, as provided by department rule, for tolerance testing of a measure by the department's metrology laboratory.
(e)  The department shall charge a fee, as provided by department rule, for precision testing performed by the department's metrology laboratory.
(f)  The department shall charge a fee, as provided by department rule, for precision testing of tapes, rules, glassware, and other weighing or measuring devices performed by the department's metrology laboratory.
(g)  Repealed by Acts 2013, 83rd Leg., R.S., Ch. 924, Sec. 3.27(2), eff. September 1, 2013.
(h)  This section does not prevent a city from operating an agency for the testing of weights and measures.
Acts 1981, 67th Leg., p. 1034, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1983, 68th Leg., p. 4282, ch. 682, Sec. 1, eff. Sept. 1, 1983;  Acts 1985, 69th Leg., ch. 239, Sec. 57(c), (d), eff. Sept. 1, 1985;  Acts 1991, 72nd Leg., 1st C.S., ch. 5, Sec. 9.02, eff. Sept. 1, 1991;  Acts 1995, 74th Leg., ch. 419, Sec. 2.06, 10.09(5), eff. Sept. 1, 1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 913 (H.B. 2925), Sec. 15, eff. September 1, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 924 (H.B. 1494), Sec. 3.21, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 924 (H.B. 1494), Sec. 3.27(2), eff. September 1, 2013.