Title OC, Occupations Code

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 …

Sec. 2310.033. TERMS; VACANCY. (a) Members of the board serve staggered six-year terms. (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 2…

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 two years. Added by Acts 2021, 87th Leg., R.S., Ch. 415 (S.B. 2062), Sec…

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 f…

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…

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 measu…

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 fo…

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 pe…

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 leg…

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, …

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 …

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…

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 moto…

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 …

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 t…

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 departm…

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 S…

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…

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 purpo…

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…

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 …

Sec. 2310.107. TOLERANCES. The commission shall by rule set the specifications and tolerances for motor fuel metering devices to be the same as the most recently adopted or amended standards recommended by the National Institute of Standards and Technology at the time the device …

Sec. 2310.108. FEES. The commission by rule shall establish fees in amounts reasonable and necessary to cover the cost of administering this chapter. Added by Acts 2019, 86th Leg., R.S., Ch. 1219 (S.B. 2119), Sec. 1, eff. September 1, 2020.

Sec. 2310.109. REFUSING TO ALLOW TEST OF MOTOR FUEL METERING DEVICE. (a) A person commits an offense if the person refuses to allow a motor fuel metering device under the person's control or in the person's possession to be inspected, tested, or examined by the department, and th…

Sec. 2310.110. SALE OR USE OF INCORRECT MOTOR FUEL METERING DEVICE. (a) The department may condemn and prohibit the sale or distribution of any incorrect motor fuel metering device that is sold, offered for sale, or about to be sold in this state. (b) A person commits an offense …

Sec. 2310.111. DISPOSING OF CONDEMNED MOTOR FUEL METERING DEVICE. A person commits an offense if the person or the person's representative or agent disposes of a motor fuel metering device condemned under Section 2310.105 or 2310.110 in a manner contrary to those sections. Added …

Sec. 2310.112. PENALTIES. An offense under Section 2310.109, 2310.110, or 2310.111 is a Class C misdemeanor. Added by Acts 2019, 86th Leg., R.S., Ch. 1219 (S.B. 2119), Sec. 1, eff. September 1, 2020. SUBCHAPTER D. LICENSING OF MOTOR FUEL METERING DEVICE SERVICE TECHNICIANS AND MO…

Sec. 2310.151. DEFINITIONS. In this subchapter: (1) "Device maintenance activities" means activities described by Section 2310.152. (2) "License holder" means a person who holds a motor fuel metering device service company license or a motor fuel metering device service technicia…

Sec. 2310.152. DEVICE MAINTENANCE ACTIVITIES. A person performs device maintenance activities if the person or the person's employee: (1) places a motor fuel metering device in service; (2) installs, calibrates, inspects, tests, or repairs a motor fuel metering device; or (3) rem…

Sec. 2310.153. POWERS AND DUTIES OF DEPARTMENT. (a) To verify compliance with licensing requirements, trade practices, commission rules, and this chapter, the department may periodically or in response to a complaint or previous violation inspect an applicant's or license holder'…

Sec. 2310.154. EXEMPTIONS FROM LICENSE REQUIREMENTS. (a) A person is not required to hold a license issued under this subchapter if the person: (1) is a department employee who is performing device maintenance activities in the scope of the person's duties for the department; (2)…

Sec. 2310.155. SERVICE TECHNICIAN LICENSE REQUIRED. Unless exempt from the licensing requirement, an individual may not perform or offer to perform device maintenance activities unless the individual holds a service technician license issued by the department under this subchapte…

Sec. 2310.156. SERVICE COMPANY LICENSE REQUIRED. (a) Unless exempt from the license requirement, a person may not employ or contract with an individual who performs or offers to perform device maintenance activities unless the person holds a service company license issued by the …

Sec. 2310.157. APPLICATION FOR LICENSE. (a) An applicant for a license under this subchapter must submit to the department: (1) an application form prescribed by the department; (2) any other information required by the department; and (3) a fee in an amount set by the department…

Sec. 2310.158. SERVICE TECHNICIAN LICENSE REQUIREMENTS. (a) The department shall issue a license to each qualified applicant who applies for a service technician license. (b) The commission by rule may require an applicant for the issuance or renewal of a service technician licen…

Sec. 2310.159. SERVICE COMPANY LICENSE REQUIREMENTS. (a) The department shall issue a license to each qualified applicant who applies for a service company license. (b) An applicant for the issuance or renewal of a license under this section must: (1) submit to the department a c…

Sec. 2310.160. INSURANCE POLICY REQUIRED FOR SERVICE COMPANY. A service company shall maintain a current effective liability insurance policy issued by an insurance company authorized to do business in this state or by a surplus lines insurer that meets the requirements of Chapte…

Sec. 2310.161. TERM OF LICENSE. A license issued under this subchapter is valid for one or two years as established by commission rule. Added by Acts 2019, 86th Leg., R.S., Ch. 1219 (S.B. 2119), Sec. 1, eff. September 1, 2020.

Sec. 2310.162. LICENSE RENEWAL. The commission by rule shall establish the requirements for renewing a license and issuing a renewal license under this chapter, including payment of applicable fees. Added by Acts 2019, 86th Leg., R.S., Ch. 1219 (S.B. 2119), Sec. 1, eff. September…

Sec. 2310.163. PRACTICE BY LICENSE HOLDER. (a) A license holder shall perform device maintenance activities in compliance with commission rules. (b) A license holder may use only equipment approved by the department, as provided by commission rules, when performing device mainten…

Sec. 2310.164. CRIMINAL PENALTY. (a) A person commits an offense if the person violates Section 2310.155 or 2310.156 or causes another person to violate Section 2310.155 or 2310.156. (b) An offense under Subsection (a) is a Class B misdemeanor, unless the person has been previous…

Sec. 2310.201. NOTICE OF SALE OF ALCOHOL AND FUEL MIXTURE. (a) A dealer may not sell or offer for sale motor fuel from a motor fuel pump supplied by a storage tank into which motor fuel, in a mixture in which at least one percent of the mixture measured by volume is ethanol or me…

Sec. 2310.2011. NOTICE OF MOTOR FUEL TAX RATES. (a) The department shall display on each motor fuel pump from which motor fuel is sold at retail a notice of the current rates of the federal and state motor fuel taxes. The notice must: (1) display the current rate of each tax, in …

Sec. 2310.2012. DOCUMENTATION OF MOTOR FUEL MIXTURE SALES. (a) Except as provided by Subsection (b), a distributor, supplier, or wholesaler of motor fuel may not deliver to an outlet in this state a motor fuel mixture that contains ethanol or methanol exceeding one percent by vol…

Sec. 2310.2013. RECORD OF DELIVERY DOCUMENTS; INSPECTION AUTHORIZED. (a) Each dealer shall keep a copy of each document required to be delivered to the dealer by Section 2310.2012 until the fourth anniversary of the delivery date. (b) Each distributor, supplier, and wholesaler of…

Sec. 2310.2014. DOCUMENTS RELATING TO POSTING OR CERTIFICATION OF AUTOMOTIVE FUEL RATINGS. (a) Each dealer shall keep for at least one year a copy of: (1) each delivery ticket or letter of certification on which the dealer based a posting of the automotive fuel rating of motor fu…