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.
Structure Texas Statutes
Title 2 - Department of Agriculture
Chapter 13 - Weights and Measures
Subchapter B. Standard Weights and Measures
Section 13.021. Legal Standards
Section 13.022. Standard for Length and Surface
Section 13.023. Standard for Weight
Section 13.024. Standard for Liquid Capacity
Section 13.025. Standard for Solid Capacity
Section 13.027. Standard Net Weight or Count Set by Rule
Section 13.028. Standard Weight per Bushel for Certain Commodities
Section 13.029. Exemption of Weighing or Measuring Devices
Section 13.030. Sale of Commodities by Net Weight
Section 13.031. Sale of Commodities by Proper Measure
Section 13.032. Standard Fill and Quantity Labeling for Commodities in Package Form
Section 13.033. Sale of Milk or Cream in Nonstandard Container
Section 13.034. Sale of Cheese, Meat, or Meat Food Product by Nonstandard Weight
Section 13.035. Price Advertisement; Misrepresentation of Price or Quantity
Section 13.036. False Representation of Commodity Quantity
Section 13.037. Use of Incorrect Weighing or Measuring Device
Section 13.038. Sale of Commodity in Violation of Subchapter
Section 13.039. Testing of Package by Department