Texas Statutes
Subchapter C. Inspection and Registration of Motor Fuel Metering Devices
Section 2310.101. Authority to Inspect

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, the department may inspect the device and the records of the owner, operator, or user of the device that relate to use of the device to determine whether the device is in compliance with this chapter.
(b) The department has reason to believe a motor fuel metering device is being used for a commercial transaction if:
(1) the motor fuel metering device is found near motor fuel being sold or offered for sale by weight or measure and the device appears to be under the control or in the possession of the person selling the motor fuel or offering the motor fuel for sale; or
(2) other available evidence is sufficient for a prudent person to believe that the motor fuel metering device is being used for a commercial transaction.
(c) Regardless of whether the department has received a report of a suspected skimmer under Section 607.053 or 607.054, Business & Commerce Code, the department may inspect each motor fuel metering device located at a dealer's retail outlet if the department has reason to believe that a skimmer is installed on or in a motor fuel unattended payment terminal or motor fuel metering device at the retail outlet. In this subsection, "motor fuel unattended payment terminal" and "skimmer" have the meanings assigned by Section 607.001, Business & Commerce Code.
Added by Acts 2019, 86th Leg., R.S., Ch. 1219 (S.B. 2119), Sec. 1, eff. September 1, 2020.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 336 (H.B. 2106), Sec. 10, eff. September 1, 2021.

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