Dealers, distributors, suppliers, and wholesalers must keep certain fuel-rating documents for at least one year, and the department may inspect them.
Sec. 2310.2014. DOCUMENTS RELATING TO POSTING OR CERTIFICATION OF AUTOMOTIVE FUEL RATINGS. (a) Each dealer shall keep for at least one year a copy of: (1) each delivery ticket or letter of certification on which the dealer based a posting of the automotive fuel rating of motor fuel contained in a motor fuel pump; (2) each delivery ticket or letter of certification that is required to be delivered to the dealer under 16 C.F.R. Part 306; and (3) records of any automotive fuel rating determination made by the dealer under 16 C.F.R. Part 306. (b) Each distributor, supplier, or wholesaler shall keep for at least one year at the distributor's, supplier's, or wholesaler's principal place of business a copy of each delivery ticket or letter of certification required to be delivered by the distributor, supplier, or wholesaler to a dealer in this state under 16 C.F.R. Part 306. (c) The department or an authorized representative of the department may inspect a document required to be kept under this section. On written notice issued by the department or an authorized representative of the department to any employee at a dealer's retail motor fuel facility or mailed to the dealer's principal place of business, the dealer shall provide the department or authorized representative of the department with the documents described by this section within the period specified in the notice. (c-1) For purposes of this section, a person is an authorized representative of the department if the person: (1) holds a license issued under Subchapter D; and (2) is conducting an inspection on behalf of the department under this section. (d) The commission by rule may: (1) require each dealer to maintain and make available to the department: (A) invoices, receipts, or other transmittal documents or records, including electronically stored information, showing or describing the purchase, sale, delivery, or distribution of motor fuel; (B) invoices, receipts, work orders, reports, or other documents, including electronically stored information, showing or describing the installation, maintenance, or repair of: (i) motor fuel dispensing devices; and (ii) any equipment used in connection with motor fuel dispensing devices to record, display, or produce receipts or audit trails concerning the purchase, sale, delivery, or distribution of motor fuel; and (C) any record or other document related to the sampling and testing of motor fuel purchased, sold, delivered, or distributed by the dealer; and (2) prescribe: (A) the manner of filing documents or records required to be kept under this section or by commission rule; and (B) the time, place, and manner of inspection of the documents or records. Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.06, eff. April 1, 2009. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 97 (S.B. 893), Sec. 4, eff. September 1, 2011. Transferred, redesignated and amended from Agriculture Code, Section 17.054 by Acts 2019, 86th Leg., R.S., Ch. 1219 (S.B. 2119), Sec. 3, eff. September 1, 2020. Amended by: Acts 2023, 88th Leg., R.S., Ch. 337 (S.B. 246), Sec. 20, eff. September 1, 2023.