Sec. 2310.203. TESTING OF MOTOR FUEL QUALITY. (a) The department or a representative of the department may collect samples and conduct testing at any location where motor fuel is kept, transferred, sold, or offered for sale to verify that the motor fuel complies with the minimum standards required by Section 2310.202.
(b) The collection of samples and conducting of testing at a dealer's location must be performed by a license holder under Subchapter D of this chapter or Subchapter I, Chapter 13, Agriculture Code, under contract with the dealer. The license holder is considered a representative of the department for purposes of this section.
(c) On arriving at a facility to conduct testing under Subsection (a), a representative of the department shall notify the owner or manager of the facility of the representative's presence and purpose. The department representative shall follow the most recent applicable procedures specified by the American Society for Testing and Materials (ASTM) International Standard D4057, D4177, D5842, or D5854 for the collection, sampling, and handling of fuel to prepare for laboratory analysis.
(d) A person commits an offense if the person refuses to allow a department representative to collect samples or conduct motor fuel testing under Subsection (a).
(e) An offense under Subsection (d) is a Class C misdemeanor.
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 E. Sale, Delivery, and Quality of Motor Fuel
Section 2310.2001. Definitions
Section 2310.201. Notice of Sale of Alcohol and Fuel Mixture
Section 2310.2011. Notice of Motor Fuel Tax Rates
Section 2310.2012. Documentation of Motor Fuel Mixture Sales
Section 2310.2013. Record of Delivery Documents; Inspection Authorized
Section 2310.2014. Documents Relating to Posting or Certification of Automotive Fuel Ratings
Section 2310.2015. Sale of Motor Fuel With Inaccurate Automotive Fuel Rating
Section 2310.202. Minimum Motor Fuel Quality and Testing Standards
Section 2310.203. Testing of Motor Fuel Quality
Section 2310.205. Civil Penalty
Section 2310.206. Administrative Penalty
Section 2310.207. Civil Action