Sec. 2310.060. STOP-SALE ORDER. (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 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, the executive director may issue an order to stop the sale of the motor fuel. The executive director shall issue the order to the owner or custodian of the motor fuel or seller of the motor fuel. The person receiving the order may not sell the motor fuel until discharged by a court under Subsection (b) or until the executive director finds that the motor fuel or motor fuel metering device is in compliance with this chapter.
(b) The owner, custodian, or seller of motor fuel prohibited from sale by an order of the executive director is entitled to sue in a court where the motor fuel is found or is being sold or offered for sale for a judgment as to the justification of the order and for the discharge of the motor fuel 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.
Added by Acts 2019, 86th Leg., R.S., Ch. 1219 (S.B. 2119), Sec. 1, eff. September 1, 2020.
Structure Texas Statutes
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 Weights and Measures for Motor Fuel
Section 2310.051. Legal Standards
Section 2310.052. Standard for Liquid Motor Fuel
Section 2310.053. Exemption of Certain Motor Fuel Metering Devices
Section 2310.054. Sale of Motor Fuel by Proper Measure
Section 2310.055. Price Advertisement; Misrepresentation of Price or Quantity
Section 2310.056. False Representation of Motor Fuel Quantity
Section 2310.057. Use of Incorrect Motor Fuel Metering Device
Section 2310.058. Sale of Motor Fuel in Violation of Subchapter
Section 2310.059. Testing by Department