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Motor Fuel Metering and Quality Penalties and Sanctions

Texas Occupations Code, Chapter 2310
Texas Occupations Code, Chapter 51
Business and Commerce Code, Chapter 607
16 Texas Administrative Code, Chapter 97
16 Texas Administrative Code Chapter 60

Class A Violations

Penalty Range: Warning letter up to $800

Posting and Public Information Violations

Violation Rule/Statute

Displayed in an advertisement the price of motor fuel with a fraction not of proportionate size and legibility to that of the whole number.

2310.055(a)

Failed to visibly display a current certificate of registration in an area accessible to the public.

97.24(a)

Failed to replace an original certificate of registration which is not legible or available to the consumer within 30 days of discovery.

97.24(b)

Failed to place a consumer information sticker with the Department’s contact information and current motor fuel tax rate on each face of each motor fuel dispenser.

97.25(a)

Failed to replace a consumer information sticker which is not fully legible or in plain sight of a consumer within 30 days of discovery.

97.25(b)

Placed a consumer information sticker in a manner which affects the accuracy, readability, or lawful operation of a device.

97.25(c)

Administrative Violations

Violation Rule/Statute

Failed to submit a new registration application upon a change in the owner or operator’s federal employer identification number or, for sole proprietors, a change in the person’s social security number.

97.20(c)

Failed to submit change of owner or operator’s name or contact information to the department within 30 days.

97.20(d)

Service company failed to notify the Department of a change in name or contact information for the business or a controlling person of the business within 30 calendar days.

97.52(d)

Service company failed to notify the Department of a change in insurance carrier or minimum general liability insurance within 30 calendar days.

97.53(c)

Jobber, supplier, or wholesaler failed to notify the Department of a change in name or contact information within 30 calendar days.

97.40(b)

Service technician failed to notify the Department of a change in name or contact information within 30 calendar days

97.55(d)


Dealer - Records Violations

Violation Rule/Statute

Failed to maintain documents required to be delivered to the dealer for four years.

2310.2013(a); 97.43(a)

Failed to maintain for one year a copy of each document required to be retained by Section 2310.2014.

2310.2014; 97.43(b)

Failed to maintain a Device Performance Review report for a period of two years.

97.28(a)

Distributor, Supplier, Wholesaler, or Jobber – Records Violations

Violation Rule/Statute

Dealer, distributor, jobber, supplier, or wholesaler failed to maintain required records for four years.

2310.2013(b); 97.43(a)

Dealer, distributor, jobber, supplier, or wholesaler failed to maintain delivery tickets and letters of certification related to automotive fuel rating for one year.

2310.2014; 97.43(b)

Service Company - Records Violations

Violation Rule/Statute

Service company failed to maintain Device Performance Review reports for a period of two years from the date the review was performed.

 97.60(a)

Service Company – Maintenance Activity Violations

Violation Rule/Statute

Service company failed to submit a valid Device Performance Review to the Department within 10 business days of the review.

97.23(c)

Class B Violations

Penalty Range: $500 up to $1,500 and/or up to 1-year probated suspension

Service Company – Maintenance Activity Violations

Violation Rule/Statute

Failed to perform device maintenance activities in compliance with commission rules.

2310.163(a)

Service Technician – Maintenance Activity Violations

Violation Rule/Statute

Failed to perform device maintenance activities in compliance with commission rules.

2310.163(a)

Posting and Public Information Violations

Violation Rule/Statute

Removed or obliterated a tag or device placed on a motor fuel metering device that is required by the Department.

2310.109(c)

Dealer failed to post the automotive fuel rating for each grade of motor fuel offered for sale.

97.41(a)(1)

Fuel Quality Violations

Violation Rule/Statute

Failed to prominently display required signage stating that a fuel mixture contains ethanol or methanol

2310.201(a)

Sold or offered to sell fuel which was less than the automotive fuel rating posted on the dispenser. 

2310.2015(a); 97.41(a)(2)

Failed to Cooperate with the Department Violations

Violation Rule/Statute

Failed to provide the Department with records which are required to be maintained upon request.

97.28(b); 97.43(c); 97.60(b)

Unlicensed or Unregistered Activity Violations

Violation Rule/Statute

Failed to renew registration at or before the end of the registration period. (Expired registration)

2310.103(c); 97.20(e); 97.21(b)

Performed device maintenance activities with an expired Service Technician license.

2310.155; 97.55(e), 97.56(b);

Performed device maintenance activities with an expired Service Company license.

2310.156; 97.52(e) 97.54(b); 97.54(c)

Performed the duties of a service technician with an expired license.

2310.155; 97.56(b); 97.56(c)

Class C Violations

Penalty Range: $1,000 up to $3,000 and/or 1-year probated suspension up to revocation

Administrative Violations

Violation Rule/Statute

Service company failed to obtain and maintain minimum general liability insurance coverage from an insurance carrier authorized under Department rules to provide liability coverage.

2310.160;

97.53

Condemned Device Violations

Violation Rule/Statute

Knowingly offered or exposed for sale, hire or award an incorrect motor fuel metering device.

2310.110(b)(1)

Knowingly possessed an incorrect motor fuel metering device.

2310.110(b)(2)

Failed to maintain a device which had been condemned by the Department prior to Department authorization to dispose, replace, or destroy the device.

2310.111; 97.27

Disposed of a condemned motor fuel metering device in manner contrary to law

2310.111

Dealer – Maintenance Activity Violations

Violation Rule/Statute

Failed to have a Device Performance Review conducted at least once every two years.

2310.102(a); 97.23(a)

Service Company – Maintenance Activity Violations

Violation Rule/Statute

Failed to only use equipment approved by the Department when performing device maintenance activities.

2310.163(b); 97.58(c)

Failed to have test standards certified annually by a recognized or accredited laboratory that adheres to ISO 17025.

2310.106; 97.58(a)

Service company failed to maintain the minimum test standards per licensed device category at all times.

97.58(c)

Failed to immediately take a test standard out of operation if it becomes damaged.

97.58(b)

Failed to recalibrate a damaged test standard prior to its use, or to take a test standard out of use permanently if it is beyond repair.

97.58(b)

Service technician failed to inspect for skimmers during a Device Performance Review and each time a motor fuel dispenser is opened to perform maintenance activities.

97.59(b); 97.23(b)(3)(B)

Service technician failed to immediately report the finding of a skimmer to the merchant.

607.053; 97.59(c)(1)

Service technician failed to immediately report the finding of a skimmer to the Department within 24 hours.

97.59(c)(2)

Integrity Violations

Violation Rule/Statute

Misrepresented the price or quantity of motor fuel sold, offered, or exposed for sale.

2310.055(b)(1);

2310.058

Represented the price or quantity of motor fuel sold or offered or exposed for sale in a manner tending to mislead or deceive an actual or prospective customer.

2310.055(b)(2);

2310.058

Used a motor fuel metering device after it had been deemed out of order by the Department or removing an “Out of Order” tag placed by the Department on the device, before repairs are made by a service company to bring the device into compliance.

2310.105(b);

97.26

Distributor, Supplier, Wholesaler, or Jobber - Fuel Quality Violations

Violation Rule/Statute

Delivered a motor fuel mixture that contained ethanol or methanol to an outlet without also providing documents containing information on the percentages of ethanol or methanol, and the types and percentages of cosolvents in the mixture.

2310.2012(a)

Distributor or supplier of motor fuel delivered, or transferred to a dealer, fuel that had an automotive fuel rating lower than the certification of the rating the distributor or supplier was required to make under federal law to the dealer.

2310.2015(b);

97.41(b)

Dealer – Fuel Quality Violations

Violation Rule/Statute

Failed to comply with currently published standards relating to fuel quality.

2310.058; 97.3(2); 97.3(3)

Fuel Quantity Violations

Violation Rule/Statute

Failed to use the legal standard for the weight or measure of motor fuel as adopted and used by the government of the United States for that motor fuel. 

2310.051;

2310.058

Use of a unit of measure of capacity for liquid motor fuels other than the gallon.

2310.052;

2310.058

Sold motor fuel by other than weight or liquid measure.

2310.054; 2310.058

Sold or offered for sale a quantity of motor fuel that is less than the quantity represented.

2310.056(1)

Failed to comply with currently published standards relating to weights and measure.

2310.058; 97.3(1)

Dealer –Unregistered Activity Violations

Violation Rule/Statute

Failed to have a license holder perform a Device Performance Review at least once every two years.

2310.102(a); 97.23(a)

Operated an unregistered device.

2310.103(a);

97.20

Employed or contracted with a person who performed, or offered to perform, device maintenance activities without a valid service company license issued by the Department.

2310.156(a)

New owner of a device failed to submit a completed registration application.

97.20(b)

Owner failed to submit required documents and fees to the Department prior to the operation of newly added device.

97.22(a)

Service Technician and Service Company – Unlicensed Activity Violations

Violation Rule/Statute

Performed or offered to perform device maintenance activities without a Service Technician license.

2310.155;

97.55(b)

Performed or offered to perform device maintenance activities as a sole proprietor without a service technician and service company license.

2310.156(b)

Operated as a Service Company without a license.

97.52

Failed to Cooperate with the Department Violations

Violation Rule/Statute

Failed to permit or assist the Department in inspecting and monitoring facilities and equipment.

2310.153

Refused to allow metering device to be inspected, tested or examined by the Department.

2310.109(a)

Hindered or obstructed the Department, a Department Inspector or Employee in the performance of their duties.

2310.109(b); 60.23(a)

Failed to allow the Department or representative to collect samples and conduct testing at any location where motor fuel is kept, transferred sold or offered for sale.

2310.203(a)

Class D Violations

Penalty Range: $3500 up to $5,000 and/or up to revocation

Violation Rule/Statute

A person or a person’s representative or agent knowingly used an incorrect weighing or measuring device in (i) buying or selling motor fuel, (2) computing a charge for services rendered on the basis of weight or measure, or (3) determining the weight or measure of motor fuel. 

2310.057(a);

2310.058

Knowingly sold, offered for sale, used, or possessed for the purpose of sale or use a device or instrument used to falsify or intend to falsify a weight or measure for motor fuel. 

2310.110(b)(3)

Violated an order of the Executive Director to stop the sale of motor fuel.

2310.060(a);

97.42

Failed to comply with a previous order of the Commission or Executive Director.

51.353(a)

Failed to pay the Department for a dishonored payment or processing fee.

51.210(c); 60.82

Service Technician failed to comply with examination requirements established by the Department. (Cheated on an examination)

97.57(b); 97.57(c)