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 2309 - Used Automotive Parts Recyclers › Subchapter G. Conducting Business › Section 2309.301. Duties on Acquisition of Salvage Motor Vehicle

Sec. 2309.301.  DUTIES ON ACQUISITION OF SALVAGE MOTOR VEHICLE.  (a)  A used automotive parts recycler who acquires ownership of a salvage motor vehicle shall obtain a properly assigned title from the previous owner of the vehicle.
(b)  A used automotive parts recycler who acquires ownership of a motor vehicle, nonrepairable motor vehicle, or salvage motor vehicle for the purpose of dismantling, scrapping, or destroying the motor vehicle, shall, before the 31st day after the date of acquiring the motor vehicle, submit to the Texas Department of Transportation a properly assigned manufacturer's certificate of origin, regular certificate of title, nonrepairable vehicle title, salvage vehicle title, other ownership document, or comparable out-of-state ownership document for the motor vehicle.
(c)  After receiving the title or document, the Texas Department of Transportation shall issue the used automotive parts recycler a receipt for the manufacturer's certificate of origin, regular certificate of title, nonrepairable vehicle title, salvage vehicle title, other ownership document, or comparable out-of-state ownership document.
(d)  The recycler shall comply with Subchapter E, Chapter 501, Transportation Code.
Added by Acts 2009, 81st Leg., R.S., Ch. 783 (S.B. 1095), Sec. 7, eff. September 1, 2009.
Added by Acts 2009, 81st Leg., R.S., Ch. 933 (H.B. 3097), Sec. 4.07, eff. September 1, 2009.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2309 - Used Automotive Parts Recyclers › Subchapter G. Conducting Business › Section 2309.302. Records of Purchases

Sec. 2309.302.  RECORDS OF PURCHASES.  A used automotive parts recycler shall maintain a record of or sales receipt for each motor vehicle, salvage motor vehicle, nonrepairable motor vehicle, and used automotive part purchased.
Added by Acts 2009, 81st Leg., R.S., Ch. 783 (S.B. 1095), Sec. 7, eff. September 1, 2009.
Added by Acts 2009, 81st Leg., R.S., Ch. 933 (H.B. 3097), Sec. 4.07, eff. September 1, 2009.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2309 - Used Automotive Parts Recyclers › Subchapter G. Conducting Business › Section 2309.303. Registration of New Business Location

Sec. 2309.303.  REGISTRATION OF NEW BUSINESS LOCATION.  Before moving a place of business, a used automotive parts recycler must notify the department of the new location.  The used automotive parts recycler shall provide a storm water permit for the location if a permit is required by the Texas Commission on Environmental Quality.
Added by Acts 2009, 81st Leg., R.S., Ch. 783 (S.B. 1095), Sec. 7, eff. September 1, 2009.
Added by Acts 2009, 81st Leg., R.S., Ch. 933 (H.B. 3097), Sec. 4.07, eff. September 1, 2009.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2309 - Used Automotive Parts Recyclers › Subchapter H. Additional Duties of Used Automotive Parts Recycler in Connection With Motor Vehicle Component Parts › Section 2309.351. Definitions

Sec. 2309.351.  DEFINITIONS.  In this subchapter:
(1)  "Component part" means a major component part as defined by Section 501.091, Transportation Code, or a minor component part.
(2)  "Interior component part" means a motor vehicle's seat or radio.
(3)  "Minor component part" means an interior component part, a special accessory part, or a motor vehicle part that displays or should display at least one of the following:
(A)  a federal safety certificate;
(B)  a motor number;
(C)  a serial number or a derivative; or
(D)  a manufacturer's permanent vehicle identification number or a derivative.
(4)  "Special accessory part" means a motor vehicle's tire, wheel, tailgate, or removable glass top.
Added by Acts 2009, 81st Leg., R.S., Ch. 783 (S.B. 1095), Sec. 7, eff. September 1, 2009.
Added by Acts 2009, 81st Leg., R.S., Ch. 933 (H.B. 3097), Sec. 4.07, eff. September 1, 2009.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2309 - Used Automotive Parts Recyclers › Subchapter H. Additional Duties of Used Automotive Parts Recycler in Connection With Motor Vehicle Component Parts › Section 2309.352. Removal of License Plates

Sec. 2309.352.  REMOVAL OF LICENSE PLATES.  Immediately on receipt of a motor vehicle, a used automotive parts recycler shall:
(1)  remove any unexpired license plates from the vehicle; and
(2)  place the license plates in a secure place until destroyed by the used automotive parts recycler.
Added by Acts 2009, 81st Leg., R.S., Ch. 783 (S.B. 1095), Sec. 7, eff. September 1, 2009.
Added by Acts 2009, 81st Leg., R.S., Ch. 933 (H.B. 3097), Sec. 4.07, eff. September 1, 2009.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2309 - Used Automotive Parts Recyclers › Subchapter H. Additional Duties of Used Automotive Parts Recycler in Connection With Motor Vehicle Component Parts › Section 2309.353. Dismantlement or Disposition of Motor Vehicle

Sec. 2309.353.  DISMANTLEMENT OR DISPOSITION OF MOTOR VEHICLE.  A used automotive parts recycler may not dismantle or dispose of a motor vehicle unless the recycler first obtains:
(1)  a certificate of authority to dispose of the vehicle, a sales receipt, or a transfer document for the vehicle issued under Chapter 683, Transportation Code; or
(2)  a certificate of title showing that there are no liens on the vehicle or that all recorded liens have been released.
Added by Acts 2009, 81st Leg., R.S., Ch. 783 (S.B. 1095), Sec. 7, eff. September 1, 2009.
Added by Acts 2009, 81st Leg., R.S., Ch. 933 (H.B. 3097), Sec. 4.07, eff. September 1, 2009.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2309 - Used Automotive Parts Recyclers › Subchapter H. Additional Duties of Used Automotive Parts Recycler in Connection With Motor Vehicle Component Parts › Section 2309.354. Record of Purchase; Inventory of Parts

Sec. 2309.354.  RECORD OF PURCHASE; INVENTORY OF PARTS.  (a)  A used automotive parts recycler shall keep an accurate and legible record of each used component part purchased by or delivered to the recycler.  The record must include:
(1)  the date of purchase or delivery;
(2)  the driver's license number of the seller and a legible photocopy of the seller's driver's license; and
(3)  a description of the part and, if applicable, the make and model of the part.
(b)  As an alternative to the information required by Subsection (a), a used automotive parts recycler may record:
(1)  the name of the person who sold the part or the motor vehicle from which the part was obtained; and
(2)  the Texas certificate of inventory number or the federal taxpayer identification number of the person.
(c)  The department shall prescribe the form of the record required by Subsection (a) and shall make the form available to used automotive parts recyclers.
(d)  This section does not apply to:
(1)  an interior component part or special accessory part from a motor vehicle more than 10 years old; or
(2)  a part delivered to a used automotive parts recycler by a commercial freight line, commercial carrier, or licensed used automotive parts recycler.
Added by Acts 2009, 81st Leg., R.S., Ch. 783 (S.B. 1095), Sec. 7, eff. September 1, 2009.
Added by Acts 2009, 81st Leg., R.S., Ch. 933 (H.B. 3097), Sec. 4.07, eff. September 1, 2009.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2309 - Used Automotive Parts Recyclers › Subchapter H. Additional Duties of Used Automotive Parts Recycler in Connection With Motor Vehicle Component Parts › Section 2309.355. Retention of Component Parts

Sec. 2309.355.  RETENTION OF COMPONENT PARTS.  (a)  A used automotive parts recycler shall retain each component part in its original condition on the business premises of the recycler for at least three calendar days, excluding Sundays, after the date the recycler obtains the part.
(b)  This section does not apply to the purchase by a used automotive parts recycler of a nonoperational engine, transmission, or rear axle assembly from another used automotive parts recycler or an automotive-related business.
Added by Acts 2009, 81st Leg., R.S., Ch. 783 (S.B. 1095), Sec. 7, eff. September 1, 2009.
Added by Acts 2009, 81st Leg., R.S., Ch. 933 (H.B. 3097), Sec. 4.07, eff. September 1, 2009.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2309 - Used Automotive Parts Recyclers › Subchapter H. Additional Duties of Used Automotive Parts Recycler in Connection With Motor Vehicle Component Parts › Section 2309.356. Maintenance of Records

Sec. 2309.356.  MAINTENANCE OF RECORDS.  A used automotive parts recycler shall maintain copies of each record required under this subchapter until the first anniversary of the purchase date of the item for which the record is maintained.
Added by Acts 2009, 81st Leg., R.S., Ch. 783 (S.B. 1095), Sec. 7, eff. September 1, 2009.
Added by Acts 2009, 81st Leg., R.S., Ch. 933 (H.B. 3097), Sec. 4.07, eff. September 1, 2009.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2309 - Used Automotive Parts Recyclers › Subchapter H. Additional Duties of Used Automotive Parts Recycler in Connection With Motor Vehicle Component Parts › Section 2309.357. Surrender of Certain Documents or License Plates

Sec. 2309.357.  SURRENDER OF CERTAIN DOCUMENTS OR LICENSE PLATES.  (a)  A used automotive parts recycler shall surrender to the Texas Department of Transportation for cancellation a certificate of title or authority, sales receipt, or transfer document, as required by the department.
(b)  The Texas Department of Transportation shall provide a signed receipt for a surrendered certificate of title.
Added by Acts 2009, 81st Leg., R.S., Ch. 783 (S.B. 1095), Sec. 7, eff. September 1, 2009.
Added by Acts 2009, 81st Leg., R.S., Ch. 933 (H.B. 3097), Sec. 4.07, eff. September 1, 2009.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2309 - Used Automotive Parts Recyclers › Subchapter H. Additional Duties of Used Automotive Parts Recycler in Connection With Motor Vehicle Component Parts › Section 2309.358. Inspection of Records

Sec. 2309.358.  INSPECTION OF RECORDS.  (a)  A peace officer at any reasonable time may inspect a record required to be maintained under this subchapter, including an inventory record.
(b)  On demand by a peace officer, a used automotive parts recycler shall provide to the officer a copy of a record required to be maintained under this subchapter.
(c)  A peace officer may inspect the inventory on the premises of a used automotive parts recycler at any reasonable time to verify, check, or audit the records required to be maintained under this subchapter.
(d)  A used automotive parts recycler or an employee of the recycler shall allow and may not interfere with a peace officer's inspection of the recycler's inventory, premises, or required inventory records.
Added by Acts 2009, 81st Leg., R.S., Ch. 783 (S.B. 1095), Sec. 7, eff. September 1, 2009.
Added by Acts 2009, 81st Leg., R.S., Ch. 933 (H.B. 3097), Sec. 4.07, eff. September 1, 2009.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2309 - Used Automotive Parts Recyclers › Subchapter I. Motor Vehicle Salvage Yards in Certain Counties › Section 2309.401. Applicability of Subchapter

Sec. 2309.401.  APPLICABILITY OF SUBCHAPTER.  This subchapter applies only to a used automotive parts facility located in a county with a population of 2.8 million or more.
Added by Acts 2009, 81st Leg., R.S., Ch. 783 (S.B. 1095), Sec. 7, eff. September 1, 2009.
Added by Acts 2009, 81st Leg., R.S., Ch. 933 (H.B. 3097), Sec. 4.07, eff. September 1, 2009.
2023 Texas Statutes › Occupations Code › Title 14 - Regulation of Motor Vehicles and Transportation › Subtitle A - Regulations Related to Motor Vehicles › Chapter 2309 - Used Automotive Parts Recyclers › Subchapter I. Motor Vehicle Salvage Yards in Certain Counties › Section 2309.402. Limits on Operation of Heavy Machinery

Sec. 2309.402.  LIMITS ON OPERATION OF HEAVY MACHINERY.  (a)  A used automotive parts recycler may not operate heavy machinery in a used automotive parts recycling facility between the hours of 7 p.m. of one day and 7 a.m. of the following day.
(b)  This section does not apply to conduct necessary to a sale or purchase by the recycler.
Added by Acts 2009, 81st Leg., R.S., Ch. 783 (S.B. 1095), Sec. 7, eff. September 1, 2009.
Added by Acts 2009, 81st Leg., R.S., Ch. 933 (H.B. 3097), Sec. 4.07, eff. September 1, 2009.
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 A. General Provisions › Section 2310.001. Definitions

Sec. 2310.001.  DEFINITIONS.  (a)  In this chapter:
(1)  "Automotive fuel rating" has the meaning assigned by 15 U.S.C. Section 2821.
(2)  "Commission" means the Texas Commission of Licensing and Regulation.
(3)  "Dealer" means a person who is the operator of a retail motor fuel facility.
(4)  "Department" means the Texas Department of Licensing and Regulation.
(4-a)  "Distributor" means a person who makes retail or wholesale sales of motor fuel.
(5)  "Executive director" means the executive director of the department.
(5-a)  "Measuring device" means a mechanical or electronic device used to:
(A)  dispense or deliver a motor fuel by volume, flow rate, or other measure; or
(B)  compute the charge for a service related to motor fuel.
(6)  "Motor fuel" has the meaning assigned by Section 162.001, Tax Code.
(7)  "Motor fuel metering device" means a measuring device used for commercial motor fuel sales.
(8)  "Operator" or "user" means a person in possession or control of a measuring device, including an owner, custodian, or seller.
(9)  "Sell" includes barter or exchange.
(9-a)  "Supplier" has the meaning assigned by Section 162.001, Tax Code.
(9-b)  "Wholesaler" means a person who purchases tax-paid motor fuel for resale or distribution at wholesale.
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. 1, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 337 (S.B. 246), Sec. 25(1), 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 A. General Provisions › Section 2310.002. Enforcement of Chapter

Sec. 2310.002.  ENFORCEMENT OF CHAPTER.  (a)  Notwithstanding any other law, the department shall administer and enforce the provisions of this chapter and shall regulate all motor fuel metering devices sold or offered for sale in this state.  The department may purchase apparatus as necessary for the administration of this chapter.
(b)  To the extent this chapter conflicts with Chapter 13, Agriculture Code, with regard to motor fuel metering devices, this chapter controls.
(c)  The department may contract with one or more license holders under Subchapter D to perform the department's duties under this chapter related to motor fuel metering devices.  A reference in this chapter to the commission or department in the context of a contracted service means the contractor.
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. 2, 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 A. General Provisions › Section 2310.003. Civil Penalty; Injunction

Sec. 2310.003.  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 executive director, 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.  A civil penalty recovered in a suit first instituted by one or more local governments under this section shall be equally divided between this state and each local government that first instituted the suit, with 50 percent of the recovery deposited to the credit of the general revenue fund and the other 50 percent distributed equally to each local government.
(d)  The executive director 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 executive director, 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 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 A. -1. Advisory Board › Section 2310.031. Definition

Sec. 2310.031.  DEFINITION.  In this subchapter, "board" means the Motor Fuel Metering and Quality Advisory Board.
Added by Acts 2021, 87th Leg., R.S., Ch. 415 (S.B. 2062), Sec. 1, eff. June 7, 2021.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 337 (S.B. 246), Sec. 3, 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 A. -1. Advisory Board › Section 2310.032. Board Membership

Sec. 2310.032.  BOARD MEMBERSHIP.  (a)  The board consists of nine members appointed by the presiding officer of the commission, with the approval of the commission, as follows:
(1)  four members who are dealers or representatives designated by the dealers, including:
(A)  one dealer that has fewer than 501 motor fuel metering devices registered with the department;
(B)  one dealer that has more than 1,000 but fewer than 5,000 motor fuel metering devices registered with the department;
(C)  one dealer that has more than 5,000 motor fuel metering devices registered with the department; and
(D)  one dealer without regard to the dealer's number of motor fuel metering devices registered with the department;
(2)  two members who represent service companies, as defined by Section 2310.151;
(3)  one member who represents a wholesaler or distributor;
(4)  one member who represents a supplier; and
(5)  one member of the public.
(b)  The presiding officer of the commission, with the approval of the commission, shall appoint two ex officio nonvoting members of the board.  An ex officio member is not counted as a member for purposes of establishing a quorum.  The ex officio members must include:
(1)  one member who represents:
(A)  a financial institution, as defined by Section 277.001, Finance Code; or
(B)  a credit card issuer other than a financial institution; and
(2)  one member who represents a law enforcement agency.
(c)  Appointments to the board shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointees.
Added by Acts 2021, 87th Leg., R.S., Ch. 415 (S.B. 2062), Sec. 1, eff. June 7, 2021.
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 A. -1. Advisory Board › Section 2310.033. Terms; Vacancy

Sec. 2310.033.  TERMS; VACANCY.  (a)  Members of the board serve staggered six-year terms, with the terms of three or four members expiring on February 1 of each odd-numbered year.
(b)  If a vacancy occurs during a member's term, the presiding officer of the commission, with the commission's approval, shall appoint a replacement to fill the unexpired term.
Added by Acts 2021, 87th Leg., R.S., Ch. 415 (S.B. 2062), Sec. 1, eff. June 7, 2021.
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 A. -1. Advisory Board › Section 2310.034. Presiding Officer

Sec. 2310.034.  PRESIDING OFFICER.  The presiding officer of the commission, with the approval of the commission, shall appoint one of the board members to serve as presiding officer of the board for a term of one year.
Added by Acts 2021, 87th Leg., R.S., Ch. 415 (S.B. 2062), Sec. 1, eff. June 7, 2021.
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 A. -1. Advisory Board › Section 2310.035. Duties

Sec. 2310.035.  DUTIES.  The board may advise the commission and department on:
(1)  the adoption of appropriate standards for the installation, maintenance, calibration, alteration, operation, testing, or inspection, as applicable, of:
(A)  motor fuel dispensing devices;
(B)  motor fuel metering devices; and
(C)  motor fuel;
(2)  education and curricula for applicants for a license issued under this chapter and license holders;
(3)  the content of examinations;
(4)  proposed rules and standards on technical issues related to motor fuel metering and quality and payment card skimmers; and
(5)  other issues affecting motor fuel metering and quality.
Added by Acts 2021, 87th Leg., R.S., Ch. 415 (S.B. 2062), Sec. 1, eff. June 7, 2021.
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 B. Standard Measures for Motor Fuel › Section 2310.051. Legal Standards

Sec. 2310.051.  LEGAL STANDARDS.  (a)  The legal standard for the measure of a motor fuel in this state is the standard measure adopted and used by the government of the United States for that motor fuel.  If the United States does not provide a standard measure for a motor fuel, the standard for the motor fuel is that established by this subchapter.
(b)  The commission 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 measure of a motor fuel 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 measuring devices under the law of this state.
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. 5, 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 B. Standard Measures for Motor Fuel › Section 2310.052. Standard for Liquid Motor Fuel

Sec. 2310.052.  STANDARD FOR LIQUID MOTOR FUEL.  (a)  This section does not apply to compressed natural gas or liquefied natural gas.
(b)  The standard unit of measure of capacity for liquid motor fuels is the gallon.
(c)  Except as provided by Subsections (d) and (e), all other measures of capacity for liquid motor fuels are derived from the gallon by continual division by two, making half gallons, quarts, pints, half pints, and gills.
(d)  A mechanism or machine that is adapted to measure and deliver liquid motor fuels 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.
(e)  For purposes of the retail sale of motor fuel only, the liquid gallon contains 231 cubic inches without adjustment based on the temperature of the liquid.
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 B. Standard Measures for Motor Fuel › Section 2310.053. Exemption of Certain Motor Fuel Metering Devices

Sec. 2310.053.  EXEMPTION OF CERTAIN MOTOR FUEL METERING DEVICES.  (a)  The commission by rule may exempt a motor fuel metering device 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)  A motor fuel metering device is exempt from the requirements of this chapter if the motor fuel metering device is not used to:
(1)  calculate the amount of motor fuel sold in a commercial transaction; or
(2)  compute the charge for service.
(c)  Notwithstanding Section 2310.002, this chapter does not apply to a weighing or measuring device, as defined by Section 13.001, Agriculture Code, that measures liquefied petroleum gas.
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. 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 B. Standard Measures for Motor Fuel › Section 2310.054. Sale of Motor Fuel by Proper Measure

Sec. 2310.054.  SALE OF MOTOR FUEL BY PROPER MEASURE.  (a)  Except as otherwise provided by this section, motor fuel shall be sold by liquid measure.
(b)  Compressed natural gas and liquefied natural gas shall be sold by gallon equivalent.
(c)  A person violates this chapter if the person sells motor fuel in a manner other than the manner required by 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. 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 B. Standard Measures for Motor Fuel › Section 2310.055. Price Advertisement; Misrepresentation of Price or Quantity

Sec. 2310.055.  PRICE ADVERTISEMENT; MISREPRESENTATION OF PRICE OR QUANTITY.  (a)  If a price sign, card, tag, poster, or other advertisement displaying the price of motor fuel 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 motor fuel sold or offered or exposed for sale; or
(2)  represents the price or the quantity of motor fuel sold or offered or exposed for sale in a manner intended or tending to mislead or deceive an actual or prospective customer.
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 B. Standard Measures for Motor Fuel › Section 2310.056. False Representation of Motor Fuel Quantity

Sec. 2310.056.  FALSE REPRESENTATION OF MOTOR FUEL QUANTITY.  A person violates this chapter if the person or the person's representative or agent sells or offers or exposes for sale a quantity of motor fuel that is less than the quantity the person represents.
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. 8, 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 B. Standard Measures for Motor Fuel › Section 2310.057. Use of Incorrect Motor Fuel Metering Device

Sec. 2310.057.  USE OF INCORRECT MOTOR FUEL METERING DEVICE.  (a)  A person commits an offense if the person or the person's representative or agent knowingly uses an incorrect measuring device in:
(1)  buying or selling motor fuel;
(2)  computing a charge for services rendered based on measure; or
(3)  determining the measure of motor fuel, if a charge is made for the determination.
(b)  For the purpose of this section, a 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 under Section 2310.107.
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. 9, 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 B. Standard Measures for Motor Fuel › Section 2310.058. Sale of Motor Fuel in Violation of Subchapter

Sec. 2310.058.  SALE OF MOTOR FUEL IN VIOLATION OF SUBCHAPTER.  A person violates this chapter if the person or the person's representative or agent sells or keeps, offers, or exposes for sale motor fuel in violation of 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 B. Standard Measures for Motor Fuel › Section 2310.059. Testing by Department

Sec. 2310.059.  TESTING BY DEPARTMENT.  (a)  The department shall from time to time measure an amount of motor fuel that is kept or offered for sale, sold, or in the process of delivery, to determine:
(1)  if the motor fuel is of the amount or quantity represented; or
(2)  if the motor fuel is being offered for sale or sold in accordance with law.
(b)  If the department finds that any lot of motor fuel contains less of the motor fuel than the amount represented, the department may seize the motor fuel as evidence.
(c)  A person commits an offense if the person or the person's employee or agent refuses to exhibit motor fuel being sold or offered for sale at a given quantity, or ordinarily sold in that manner, to the department for testing and proving as to quantity.
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. 10, 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 B. Standard Measures for Motor Fuel › Section 2310.060. Stop-Sale Order; Appeal

Sec. 2310.060.  STOP-SALE ORDER; APPEAL.  (a)  If the department has reason to believe that motor fuel is being sold or kept, offered, or exposed for sale in violation of this chapter, including a rule adopted under this chapter, or that motor fuel is being sold or offered for sale by or through the use of a motor fuel metering device that is in violation of this chapter, including a rule adopted under this chapter, the department may issue an order to stop the sale of the motor fuel to the dealer or operator of the retail motor fuel facility selling the motor fuel or offering the motor fuel for sale.  The dealer or operator receiving the order may not sell the motor fuel or offer the motor fuel for sale until:
(1)  the department finds that the motor fuel or motor fuel metering device is in compliance with this chapter; or
(2)  the dealer or operator prevails in an appeal of the department's order under Subsection (b).
(a-1)  In implementing this section, the department or an authorized representative of the department shall:
(1)  follow the procedures adopted by the department for collecting, sampling, and handling motor fuel;
(2)  obtain the approval of the executive director or the executive director's designee before taking any action under this section; and
(3)  place a tag or other notice on each motor fuel dispensing device subject to an order issued by the department under this section.
(a-2)  For purposes of this section, a person is an authorized representative of the department if the person:
(1)  holds a license under Subchapter D; and
(2)  is acting on behalf of the department under this section.
(b)  A dealer or operator prohibited from selling motor fuel by an order of the department issued under this section is entitled to appeal the order to the State Office of Administrative Hearings.
(b-1)  If a dealer or operator appeals an order issued by the department under this section, the executive director shall set the time and place for a hearing conducted by the State Office of Administrative Hearings to affirm, modify, or set aside the order not later than the 10th day after the date the department receives notice of the appeal.  The order shall be affirmed to the extent that reasonable cause existed to issue the order.  A proceeding under this subsection is a contested case under Chapter 2001, Government Code.
(b-2)  The commission shall adopt rules necessary to implement this section.
(c)  This section does not limit the right of the department to proceed as authorized by other sections of this 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. 11, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 337 (S.B. 246), Sec. 12, 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 B. Standard Measures for Motor Fuel › Section 2310.061. Penalties; Defense

Sec. 2310.061.  PENALTIES; DEFENSE.  (a)  An offense under Section 2310.057 or 2310.059 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 Section 2310.057 or 2310.059 that a discrepancy between the actual volume at the time of sale to a consumer 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.
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. 13, 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 2310.101. Authority to Inspect

Sec. 2310.101.  AUTHORITY TO INSPECT.  (a)  If the department has reason to believe that a motor fuel metering device is being used for a commercial transaction and the device is not registered with the department or is being used to facilitate the perpetration of fraud, the department may inspect the device and the records that relate to use of the device to determine whether the device is in compliance with this chapter.
(b)  Repealed by Acts 2023, 88th Leg., R.S., Ch. 337 (S.B. 246), Sec. 25(3), eff. September 1, 2023.
(c)  Regardless of whether the department has received a report of a suspected skimmer under Section 607.053 or 607.054, Business & Commerce Code, the department may inspect each motor fuel metering device located at a dealer's retail outlet if the department has reason to believe that a skimmer is installed on or in a motor fuel unattended payment terminal or motor fuel metering device at the retail outlet.  In this subsection, "motor fuel unattended payment terminal" and "skimmer" have the meanings assigned by Section 607.001, Business & Commerce Code.
Added by Acts 2019, 86th Leg., R.S., Ch. 1219 (S.B. 2119), Sec. 1, eff. September 1, 2020.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 336 (H.B. 2106), Sec. 10, eff. September 1, 2021.
Acts 2023, 88th Leg., R.S., Ch. 337 (S.B. 246), Sec. 14, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 337 (S.B. 246), Sec. 25(3), 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 2310.102. Inspection of Motor Fuel Metering Devices

Sec. 2310.102.  INSPECTION OF MOTOR FUEL METERING DEVICES.  (a)  Unless a motor fuel metering device is exempt from the application of this section by commission rule, a motor fuel metering device shall be inspected, tested, and calibrated for correctness by a license holder under Subchapter D of this chapter or Subchapter I, Chapter 13, Agriculture Code, at least once every two years if the device is:
(1)  kept for sale, sold, or used by a proprietor, agent, lessee, or employee in proving the measure of motor fuel; or
(2)  purchased, offered, or submitted by a proprietor, agent, lessee, or employee for sale, hire, or award.
(b)  Inspection, testing, and calibration under this section must be performed by a license holder under Subchapter D of this chapter or Subchapter I, Chapter 13, Agriculture Code, under contract with the operator or user of the motor fuel metering device.
Added by Acts 2017, 85th Leg., R.S., Ch. 841 (H.B. 2174), Sec. 5, eff. September 1, 2017.
Transferred, redesignated and amended from Agriculture Code, Section 13.1015 by Acts 2019, 86th Leg., R.S., Ch. 1219 (S.B. 2119), Sec. 2, 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 2310.103. Required Registration of Motor Fuel Metering Devices

Sec. 2310.103.  REQUIRED REGISTRATION OF MOTOR FUEL METERING DEVICES.  (a)  Unless a motor fuel metering device is exempt from the application of this section by commission rule, a person who owns or operates a motor fuel metering device shall register the device with the department before using the device for a commercial transaction.
(b)  An application for a device registration must:
(1)  be submitted to the department on a form prescribed by the department;
(2)  be accompanied by any other document or form required by the department;
(3)  include any fees required under Section 2310.108; and
(4)  include documentation of compliance with Section 2310.102.
(c)  A registration under this section is valid for one or two years as established by commission rule.  The registration must be renewed at or before the end of each registration period and the application for renewal must include documentation of compliance with Section 2310.102.
(d)  If a person fails to register or renew a registration as required by this section, the department may not issue a certificate to operate the motor fuel metering device.  The department shall issue the certificate when the operator submits to the department the items required by Subsection (b).
(e)  The department may assess a late fee if the registration of one or more devices located on a premises is renewed after the end of the registration period because of a registration error, including one or more devices not properly registered, failure to register the correct type of device, or failure to timely register a previously registered device.  The amount of the late fee may not exceed $50 per device, with a maximum penalty amount of $500 per year for the premises.
Added by Acts 2017, 85th Leg., R.S., Ch. 841 (H.B. 2174), Sec. 5, eff. September 1, 2017.
Transferred, redesignated and amended from Agriculture Code, Section 13.1016 by Acts 2019, 86th Leg., R.S., Ch. 1219 (S.B. 2119), Sec. 2, 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 2310.104. Complaints Regarding Motor Fuel Metering Devices

Sec. 2310.104.  COMPLAINTS REGARDING MOTOR FUEL METERING DEVICES.  In accordance with Chapter 51, the executive director shall establish methods by which consumers and service recipients are notified of the name, mailing address, and telephone number of the department for the purpose of directing complaints to the department.  The department shall provide to the person filing the complaint and to each person who is a subject of the complaint information about the department's policies and procedures relating to complaint investigation and resolution.
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 2310.105. Repair or Destruction of Incorrect Motor Fuel Metering Devices

Sec. 2310.105.  REPAIR OR DESTRUCTION OF INCORRECT MOTOR FUEL METERING DEVICES.  (a)  If, in the judgment of the department, a motor fuel metering 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 motor fuel metering 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 motor fuel metering 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 commission rule.
(c)  The owner, operator, or user of a motor fuel metering device may not destroy, replace, or otherwise dispose of a device declared to be incorrect or condemned under this section except as 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 C. Inspection and Registration of Motor Fuel Metering Devices › Section 2310.106. Inspection of Standards Used to Perform Device Maintenance Activities

Sec. 2310.106.  INSPECTION OF STANDARDS USED TO PERFORM DEVICE MAINTENANCE ACTIVITIES.  (a)  In this section, "state metrology laboratory" means the metrology laboratory maintained by the Department of Agriculture under Subchapter C, Chapter 13, Agriculture Code.
(b)  The commission may adopt rules to regulate the frequency and place of inspection and correction of the standards for motor fuel used by an individual or business licensed by the department to perform device maintenance activities under Subchapter D.
(c)  The department may inspect any standard for motor fuel used by an individual or business licensed by the department to perform device maintenance activities described by Subchapter D if the department has reason to believe a standard is no longer in compliance with this chapter.
(d)  The department shall keep a record of the inspection and character of standards for motor fuel inspected under this section.
(e)  Repealed by Acts 2023, 88th Leg., R.S., Ch. 337 (S.B. 246), Sec. 25(4), eff. September 1, 2023.
(f)  The state metrology laboratory, or a metrology laboratory certified by the National Institute of Standards and Technology and approved by the department, shall inspect and correct the standards for motor fuel used by the department or an individual or business licensed by the department to perform device maintenance activities under Subchapter D.
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. 15, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 337 (S.B. 246), Sec. 25(4), 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 2310.107. Tolerances

Sec. 2310.107.  TOLERANCES.  Specifications and tolerances for motor fuel metering devices shall be the same as those recommended by the National Institute of Standards and Technology.
Added by Acts 2019, 86th Leg., R.S., Ch. 1219 (S.B. 2119), Sec. 1, eff. September 1, 2020.