Tex. Agric. Code Section 13.113
Standards Used in Inspection


(a)

The standards of weights and measures maintained by the department and certified by the National Institute of Standards and Technology or a metrology laboratory certified by the National Institute of Standards and Technology are the state’s standards by which all state and local standards of weights and measures are tried, authenticated, proved, and certified.

(b)

The department shall maintain the primary standards in a safe and suitable place in the offices of the department. The standards may not be moved except for repairs or certification. The department shall maintain the standards in good order and shall submit them to the National Institute of Standards and Technology or to a laboratory approved by the National Institute of Standards and Technology for certification as required to maintain recognition of the department’s metrology laboratory.

(c)

In addition to the standards kept by the state, the department shall maintain a complete set of copies of the original standards for use in adjusting local standards or in the performance of other official duties. The department may purchase additional sets of standards as necessary for use by a department inspector or other department personnel.

(d)

At the request of a city, the department shall furnish the city with copies of the state’s standards or test and approve other standards acquired by the city. The city shall reimburse the state for the actual cost of the standards furnished, plus the costs of freight and certification. All standards furnished to or tested for a city shall be true and correct and certified by the department. The copies used by a city may be of any suitable material or construction that the city requests, subject to approval by the department.

(e)

The department, or a metrology laboratory certified by the National Institute of Standards and Technology and approved by the department, shall inspect and correct the standards used by a department inspector, other department employee, or individual or business licensed by the department to perform device maintenance activities under Subchapter I.

(f)

The department may adopt rules to regulate the frequency and place of inspection and correction of the standards used by an individual or business licensed by the department to perform device maintenance activities under Subchapter I.

(g)

The department may inspect any standard used by an individual or business licensed by the department to perform device maintenance activities described by Subchapter I if the department has reason to believe a standard is no longer in compliance with this chapter.

(h)

The department shall keep a record of the inspection and character of standards inspected under this section.
Acts 1981, 67th Leg., p. 1033, ch. 388, Sec. 1, eff. Sept. 1, 1981. Amended by Acts 1989, 71st Leg., ch. 230, Sec. 24, eff. Sept. 1, 1989.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 913 (H.B. 2925), Sec. 13, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 113 (H.B. 1527), Sec. 1, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 924 (H.B. 1494), Sec. 3.19, eff. September 1, 2013.
Acts 2017, 85th Leg., R.S., Ch. 1036 (H.B. 1730), Sec. 1, eff. June 15, 2017.

Source: Section 13.113 — Standards Used in Inspection, https://statutes.­capitol.­texas.­gov/Docs/AG/htm/AG.­13.­htm#13.­113 (accessed May 4, 2024).

13.001
Definitions
13.002
Enforcement of Chapter
13.007
Civil Penalty
13.021
Legal Standards
13.022
Standard for Length and Surface
13.023
Standard for Weight
13.024
Standard for Liquid Capacity
13.025
Standard for Solid Capacity
13.026
Cord
13.027
Standard Net Weight or Count Set by Rule
13.028
Standard Weight Per Bushel for Certain Commodities
13.029
Exemption of Weighing or Measuring Devices
13.030
Sale of Commodities by Net Weight
13.031
Sale of Commodities by Proper Measure
13.032
Standard Fill and Quantity Labeling for Commodities in Package Form
13.033
Sale of Milk or Cream in Nonstandard Container
13.034
Sale of Cheese, Meat, or Meat Food Product by Nonstandard Weight
13.035
Price Advertisement
13.036
False Representation of Commodity Quantity
13.037
Use of Incorrect Weighing or Measuring Device
13.038
Sale of Commodity in Violation of Subchapter
13.039
Testing of Package by Department
13.040
Stop-sale Order
13.041
Penalties
13.101
Inspection of Devices
13.111
Repair or Destruction of Incorrect Commercial Weighing or Measuring Devices
13.112
Tests for State Institutions
13.113
Standards Used in Inspection
13.114
Tolerances
13.115
Fees for Department Inspection
13.117
Refusing to Allow Test of Weighing or Measuring Device
13.118
Hindering Department Personnel
13.119
Removal of Registration Tag
13.120
Sale or Use of Incorrect Weighing or Measuring Device
13.121
Disposing of Condemned Weighing or Measuring Device
13.122
Penalties
13.251
Definition
13.255
Certificate
13.256
Bond
13.257
Recording of Weights and Measures
13.258
Duties of the Department
13.259
Penalty for Issuing a False Certificate
13.260
Penalty for Issuing Certificate Without Authority
13.261
Rules
13.451
Definitions
13.452
Device Maintenance Activities
13.453
Powers and Duties of Department
13.454
Exemptions from License Requirements
13.455
Service Technician License Required
13.456
Service Company License Required
13.457
Application for License
13.458
Service Technician License Requirements
13.459
Service Company License Requirements
13.460
Insurance Policy Required for Service Company
13.461
Term of License
13.462
License Renewal
13.463
Practice by License Holder
13.464
Criminal Penalty
13.1001
Authority to Inspect
13.1002
Exemption of Certain Weighing or Measuring Devices
13.1011
Required Registration
13.1151
Fees for Registration and Inspection
13.2555
Revocation, Modification, or Suspension of Certificate

Accessed:
May 4, 2024

§ 13.113’s source at texas​.gov