The text as introduced · 790 words
89R18885 TYPED
By: Gerdes
H.B. No. 4690
A BILL TO BE ENTITLED
AN ACT
relating to motor fuel measuring, quality, and testing standards.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2310.001(a), Occupations Code, is
amended by adding Subdivisions (1-a) and (7-a) to read as follows:
(1-a) "ASTM" means ASTM International, formerly known
as the American Society for Testing and Materials.
(7-a) "NIST" means the National Institute of Standards
and Technology.
SECTION 2. Section 2310.060(a-1), Occupations Code, is
amended to read as follows:
(a-1) In implementing this section, the department or an
authorized representative of the department shall:
(1) follow the motor fuel quality testing standards
and procedures [ adopted by the department ] for collecting,
sampling, and handling motor fuel prescribed by Section 2310.203 ;
(2) obtain the approval of the executive director or
the executive director's designee before taking any action under
this section; and
(3) place a tag or other notice on each motor fuel
dispensing device subject to an order issued by the department
under this section.
SECTION 3. Section 2310.107, Occupations Code, is amended
to read as follows:
Sec. 2310.107. TOLERANCES. Specifications and tolerances
for motor fuel metering devices shall be the same as those adopted
in the most current edition of NIST Handbook 44 [ recommended by the
National Institute of Standards and Technology ].
SECTION 4. Subchapter E, Chapter 2310, Occupations Code, is
amended by adding Section 2310.2016 to read as follows:
Sec. 2310.2016. MOTOR FUEL QUALITY STANDARDS. (a) The
minimum quality standards for motor fuel that is sold or offered for
sale in this state are the most recently adopted, nationally
recognized ASTM petroleum standards, including subsequent
amendments and editions.
(b) Except as provided in Section 2310.2031, gasoline or
gasoline blended with ethanol sold or offered for sale in Texas
shall conform with ASTM Designation D4814 for the applicable period
and region at all times.
SECTION 5. The heading to Section 2310.203, Occupations
Code, is amended to read as follows:
Sec. 2310.203. [ TESTING OF ] MOTOR FUEL QUALITY TESTING
STANDARDS AND PROCEDURES .
SECTION 6. Section 2310.203(a), Occupations Code, is
amended to read as follows:
(a) The department or an authorized 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 fuel quality [ minimum ]
standards required by Section 2310.2016 [ 2310.202 ].
SECTION 7. Subchapter E, Chapter 2310, Occupations Code, is
amended by adding Section 2310.2031 to read as follows:
Sec. 2310.2031. EXCEPTIONS TO MOTOR FUEL QUALITY STANDARDS.
(a) Gasoline or gasoline blended with ethanol sold or offered for
sale during periods when areas on either side of the 99-degree
longitude line have different volatility classes, as provided in
the ASTM Designation D4814 Schedule of U.S. Seasonal and Geographic
Volatility Classes, conforms with this chapter and commission rules
if it complies with the volatility class for either area.
(b) Gasoline sold or offered for sale that meets or exceeds
the Driveability Index prescribed by the ASTM Designation D4814
Vapor Pressure and Distillation Class Requirements for vapor
pressure/distillation classes AAA, AA, or A conforms with ASTM
standards, this chapter, and rules set by the commission.
(c) Gasoline blended with up to 15 volume percent ethanol is
granted a vapor pressure tolerance waiver of 1.0 pound per square
inch except for gasoline blends sold or offered for sale from May 1
through October 1 in counties of this state required to comply with
low emissions fuels.
(d) Seasonal specifications for vapor pressure may be
extended for a maximum period of 15 days to allow for the
distribution of old stocks. However, new stocks of a higher
volatility classification may not be offered for retail sale before
the effective date of the higher volatility classification.
(e) The vapor-to-liquid ratio specification is waived for
gasoline ethanol/blends.
SECTION 8. The following provisions of the Occupations Code
are repealed:
(1) Section 2310.202; and
(2) Section 2310.203(c-1).
SECTION 9. A violation committed before the effective date
of this Act is governed by the law in effect on the date the offense
or violation was committed, and the former law is continued in
effect for that purpose. For purposes of this section, an offense
or violation was committed before the effective date of this Act if
any element of the offense or violation was committed before that
date.
SECTION 10. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2025.
Monitoring 