bill tying Texas fuel standards to the latest ASTM rules

The text as introduced · 788 words

By: Blanco
S.B. No. 2699

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 dcpartmcnt ] 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

Nationial 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. [ TESTINC 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.