Compliance Guide for Motor Fuel Metering and Quality

Fuel Metering Devices

Display Certificate of Registration

A motor fuel retailer that holds a certificate of registration for fuel metering devices must visibly display the current certificate of registration in an area that is accessible to the public.

If an original or copy certificate is not legible or available to a consumer, it must be replaced within 30 days of the date the owner or operator discovers the condition.

Device Performance Review

See the device performance review page for detailed information about the requirements for device performance reviews.

Change in the Number of Registered Devices

If a motor fuel retailer adds fuel metering devices, the retailer must submit a Change of Device Registration Form (PDF), pay the required fees, and provide proof that all newly added devices have undergone a device performance review. The retailer may not use fuel metering devices to conduct commercial transactions unless the devices have been registered.

If a fuel metering device is removed from service, you must submit a Change of Device Registration Form (PDF) or omit the devices when submitting a renewal application.

Incorrect Devices

An incorrect device may be placed out of order by TDLR and may not be used until repairs are made by a service company.

Once the device has been brought into compliance, the service company may remove the “Out of Order” tag and release it for use.

TDLR may condemn, seize, and destroy any motor fuel metering device found to be incorrect that is not capable of being repaired.

Devices that are declared to be incorrect and are condemned by TDLR must be maintained by the owner, operator, or user until TDLR has granted authorization to dispose, replace, or destroy the device.

Change of Business Information

A change in the name or contact information for an owner or operator of a fuel metering device must be submitted to TDLR within 30 days.

A change in the owner or operator’s federal employer identification number or social security number (for sole proprietors) constitutes a change of business identity and requires a new device registration.

Transfer of Devices to New Owner

Device registrations cannot be transferred to a new owner. If a previously registered fuel metering device is sold to a new owner, a new application for registration will be required.

See the Apply for a New Device Registration page for more information on registering devices.

However, a new owner may use the previous device performance review (previously calibration) to meet the requirements for inspection, testing and accuracy. To be valid, a device performance review must have been conducted in the past two years by a licensed service company.

Consumer Information Stickers

New TDLR Stickers

By December 1, 2020, a consumer information sticker with TDLR’s contact information and current motor fuel tax rates, must be placed on each face of all motor fuel dispensers.

Be sure to completely remove all old stickers, do not place them over or adjacent to stickers from the Texas Dept. of Agriculture.

Damaged Stickers

If any part of the information on the sticker is no longer fully legible and in plain sight of the consumer, it must be replaced within 30 days of the date the owner or operator discovers the condition.

Sticker Placement

A consumer information sticker must not be placed in a manner that affects the accuracy, readability, or lawful operation of a device.

Automotive Fuel Ratings

Texas regulations mirror the federal regulations (16 CFR Part 306.10) requiring that a service station operator (i.e. “dealer” as defined by Occupations Code 2310.2001) post the automotive fuel rating for each grade of motor fuel offered for sale.

Dealers must not sell or offer to sell fuel that is less than the rating posted on the dispenser.

Fuel Delivery Records

Service station operators (i.e. “dealers”), as well as fuel wholesalers, distributors, suppliers, and jobbers must keep the following records for four years:

  • Invoices
  • Receipts
  • Records of the purchase, sale, delivery, or distribution of motor fuel
  • Sampling and testing documents related to motor fuel purchased, sold, delivered, or distributed

Service station operators (i.e. “dealers”) must keep records of any delivery tickets and letters of certification related to automotive fuel rating for a period of one year.

All records specified above must be made available upon request by TDLR.

Device Maintenance

Maintenance of Fuel Metering Devices

Device maintenance activities that may be performed by a service company or a service technician include:

  • placing a device in service
  • installing, calibrating, inspecting, testing, or repairing a device
  • removing an out-of-order tag, lock, condemnation notice, or other form of use prohibition placed on a device

A service company or service technician may perform device maintenance activities on one or more of the following device categories:

  • Liquid measuring devices less than 20 Gallons Per Minute (GPM)
  • Liquid measuring devices greater than 20 Gallons Per Minute (GPM)

Inspecting for Skimmers

Service technicians must inspect for skimmers each time a motor fuel dispenser is opened to perform device maintenance activities and as part of each device performance review.

If a skimmer is found to be present, the service technician must immediately notify the owner or operator of the retail motor-fuel business. Per statute, the merchant must notify TDLR within 24 hours of being notified that a skimmer has been found.

The service technician must also notify TDLR of any skimmers found within 24 hours.