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 weight or 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.
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