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.
Structure Texas Statutes
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
Section 13.1002. Exemption of Certain Weighing or Measuring Devices
Section 13.101. Inspection of Devices
Section 13.1011. Required Registration
Section 13.111. Repair or Destruction of Incorrect Commercial Weighing or Measuring Devices
Section 13.112. Tests for State Institutions
Section 13.113. Standards Used in Inspection
Section 13.115. Fees for Department Inspection
Section 13.1151. Fees for Registration and Inspection
Section 13.117. Refusing to Allow Test of Weighing or Measuring Device
Section 13.118. Hindering Department Personnel
Section 13.119. Removal of Registration Tag
Section 13.120. Sale or Use of Incorrect Weighing or Measuring Device
Section 13.121. Disposing of Condemned Weighing or Measuring Device