Tex. Occ. Code Section 2310.059
Testing by Department

(a)

The department shall from time to time measure an amount of motor fuel that is kept or offered for sale, sold, or in the process of delivery, to determine:

(1)

if the motor fuel is of the amount or quantity represented; or

(2)

if the motor fuel is being offered for sale or sold in accordance with law.

(b)

If the department finds that any lot of motor fuel contains less of the motor fuel than the amount represented, the department may seize the motor fuel as evidence.

(c)

A person commits an offense if the person or the person’s employee or agent refuses to exhibit motor fuel being sold or offered for sale at a given quantity, or ordinarily sold in that manner, to the department for testing and proving as to quantity.
Added by Acts 2019, 86th Leg., R.S., Ch. 1219 (S.B. 2119), Sec. 1, eff. September 1, 2020.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 337 (S.B. 246), Sec. 10, eff. September 1, 2023.

Source: Section 2310.059 — Testing by Department, https://statutes.­capitol.­texas.­gov/Docs/OC/htm/OC.­2310.­htm#2310.­059 (accessed May 11, 2024).

2310.001
Definitions 2310.002
Enforcement of Chapter 2310.003
Civil Penalty 2310.031
Definition 2310.032
Board Membership 2310.033
Terms 2310.034
Presiding Officer 2310.035
Duties 2310.051
Legal Standards 2310.052
Standard for Liquid Motor Fuel 2310.053
Exemption of Certain Motor Fuel Metering Devices 2310.054
Sale of Motor Fuel by Proper Measure 2310.055
Price Advertisement 2310.056
False Representation of Motor Fuel Quantity 2310.057
Use of Incorrect Motor Fuel Metering Device 2310.058
Sale of Motor Fuel in Violation of Subchapter 2310.059
Testing by Department 2310.060
Stop-sale Order 2310.061
Penalties 2310.101
Authority to Inspect 2310.102
Inspection of Motor Fuel Metering Devices 2310.103
Required Registration of Motor Fuel Metering Devices 2310.104
Complaints Regarding Motor Fuel Metering Devices 2310.105
Repair or Destruction of Incorrect Motor Fuel Metering Devices 2310.106
Inspection of Standards Used to Perform Device Maintenance Activities 2310.107
Tolerances 2310.108
Fees 2310.109
Refusing to Allow Test of Motor Fuel Metering Device 2310.110
Sale or Use of Incorrect Motor Fuel Metering Device 2310.111
Disposing of Condemned Motor Fuel Metering Device 2310.112
Penalties 2310.151
Definitions 2310.152
Device Maintenance Activities 2310.153
Powers and Duties of Department 2310.154
Exemptions from License Requirements 2310.155
Service Technician License Required 2310.156
Service Company License Required 2310.157
Application for License 2310.158
Service Technician License Requirements 2310.159
Service Company License Requirements 2310.160
Insurance Policy Required for Service Company 2310.161
Term of License 2310.162
License Renewal 2310.163
Practice by License Holder 2310.164
Criminal Penalty 2310.201
Notice of Sale of Alcohol and Fuel Mixture 2310.202
Minimum Motor Fuel Quality and Testing Standards 2310.203
Testing of Motor Fuel Quality 2310.204
Rules 2310.205
Civil Penalty 2310.206
Administrative Penalty 2310.207
Civil Action 2310.208
Civil Penalty 2310.209
Criminal Offenses 2310.2011
Notice of Motor Fuel Tax Rates 2310.2012
Documentation of Motor Fuel Mixture Sales 2310.2013
Record of Delivery Documents 2310.2014
Documents Relating to Posting or Certification of Automotive Fuel Ratings 2310.2015
Sale of Motor Fuel with Inaccurate Automotive Fuel Rating
Green check means up to date. Up to date

Accessed:
May 11, 2024

§ 2310.059’s source at texas​.gov