Tex.
Occ. Code Section 2310.207
Civil Action
(a)
If a dealer or a distributor, supplier, or wholesaler of motor fuel violates Section 2310.201 (Notice of Sale of Alcohol and Fuel Mixture), 2310.2012 (Documentation of Motor Fuel Mixture Sales), 2310.2013 (Record of Delivery Documents; Inspection Authorized), 2310.2014 (Documents Relating to Posting or Certification of Automotive Fuel Ratings), or 2310.2015 (Sale of Motor Fuel with Inaccurate Automotive Fuel Rating), a person who purchased the motor fuel and sustained damages or who has a complaint about the product may bring an action against the dealer, distributor, supplier, or wholesaler.(b)
The action may be brought, without regard to the specific amount of damages, in the district court in any county in which:(1)
the dealer, distributor, supplier, or wholesaler transacts business; or(2)
the dealer resides.(c)
The court shall award to a motor fuel user who prevails in an action under this section:(1)
the amount of actual damages;(2)
equitable relief as determined by the court to be necessary to remedy the effects of the violation, including a declaratory judgment, permanent injunctive relief, and temporary injunctive relief; and(3)
court costs and attorney’s fees that are reasonable in relation to the amount of work expended.(d)
In addition to the remedies provided under Subsection (c), on finding that the defendant wilfully or knowingly violated Section 2310.201 (Notice of Sale of Alcohol and Fuel Mixture), 2310.2012 (Documentation of Motor Fuel Mixture Sales), or 2310.2013 (Record of Delivery Documents; Inspection Authorized), the trier of fact shall award not more than three times the amount of actual damages.(e)
A violation of Section 2310.201 (Notice of Sale of Alcohol and Fuel Mixture), 2310.2012 (Documentation of Motor Fuel Mixture Sales), 2310.2013 (Record of Delivery Documents; Inspection Authorized), 2310.2014 (Documents Relating to Posting or Certification of Automotive Fuel Ratings), or 2310.2015 (Sale of Motor Fuel with Inaccurate Automotive Fuel Rating) also constitutes a deceptive trade practice under Subchapter E (Short Title), Chapter 17 (Deceptive Trade Practices), Business & Commerce Code.(f)
An action alleging a violation of Section 2310.201 (Notice of Sale of Alcohol and Fuel Mixture), 2310.2012 (Documentation of Motor Fuel Mixture Sales), 2310.2013 (Record of Delivery Documents; Inspection Authorized), 2310.2014 (Documents Relating to Posting or Certification of Automotive Fuel Ratings), or 2310.2015 (Sale of Motor Fuel with Inaccurate Automotive Fuel Rating) must be commenced and prosecuted not later than the second anniversary of the date on which the cause of action accrues.
Source:
Section 2310.207 — Civil Action, https://statutes.capitol.texas.gov/Docs/OC/htm/OC.2310.htm#2310.207 (accessed May 18, 2024).
