Dealers, distributors, suppliers, and wholesalers of motor fuel must keep certain documents for four years and provide them on written notice; the department may inspect them, and the commission may set filing and inspection rules.
Sec. 2310.2013. RECORD OF DELIVERY DOCUMENTS; INSPECTION AUTHORIZED. (a) Each dealer shall keep a copy of each document required to be delivered to the dealer by Section 2310.2012 until the fourth anniversary of the delivery date. (b) Each distributor, supplier, and wholesaler of motor fuel shall keep a copy of each document required to be delivered to the dealer by Section 2310.2012 until the fourth anniversary of the delivery date. (c) The department or an authorized representative of the department may inspect documents described by 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 principal place of business of a dealer, distributor, supplier, or wholesaler, the dealer, distributor, supplier, or wholesaler 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, distributor, supplier, and wholesaler 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, distributor, supplier, or wholesaler; 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. 3, eff. September 1, 2011. Transferred, redesignated and amended from Agriculture Code, Section 17.053 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. 19, eff. September 1, 2023.