Occupations Code § 2310.203

Sec. 2310.203. MOTOR FUEL QUALITY TESTING STANDARDS AND PROCEDURES. (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 motor fuel quality standards described by Section 2310.2016. (a-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 testing on behalf of the department under this section. (b) Repealed by Acts 2023, 88th Leg., R.S., Ch. 337 (S.B. 246), Sec. 25(6), eff. September 1, 2023. (c) On arriving at a facility to conduct testing under Subsection (a), the department or an authorized representative of the department shall notify an employee of the facility of the department's or representative's presence and purpose. (c-1) The commission shall adopt rules regulating the methods and procedures applicable to motor fuel testing under this section. The rules adopted under this subsection must provide that the applicable standard for motor fuel testing is ASTM International's most recently adopted or amended standard on the date of the test. (d) A person commits an offense if the person refuses to allow the department or an authorized representative of the department to collect samples or conduct motor fuel testing under Subsection (a). (e) An offense under Subsection (d) is a Class C misdemeanor. 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. 22, eff. September 1, 2023. Acts 2023, 88th Leg., R.S., Ch. 337 (S.B. 246), Sec. 25(6), eff. September 1, 2023. Acts 2025, 89th Leg., R.S., Ch. 950 (H.B. 4690), Sec. 4, eff. June 20, 2025. Acts 2025, 89th Leg., R.S., Ch. 950 (H.B. 4690), Sec. 5, eff. June 20, 2025.