Compliance Guide for Motor Fuel Metering and Quality
Fuel Metering Devices
Display Certificate of Registration
A merchant is required to always post their current certificate of registration in a location that's visible to the public. If it's no longer legible or needs to be replaced, the merchant must contact TDLR within 30 days.
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
To add devices at a facility, a merchant must submit a Change of Device Registration Form (PDF) prior to placing them in service. The application must include the required fees and provide proof that all newly added devices have device performance review.
If a device is permanently removed from service, submit a Change of Device Registration Form (PDF) to ensure you receive an accurate invoice at the next renewal,or strike through the devices when submitting the renewal application.
Devices Placed Out of Order
A device that has been placed out of order by TDLR in response to an inspection or investigation may not be placed back into service until it has been repaired by a licensed service company.
Change of Business Information
A change in a merchant’s name or contact information must be submitted to TDLR within 30 days.
A change in a merchant’s federal employer identification number or social security number (for sole proprietors) constitutes a change of business identity. The merchant is required to register as a new business and submit an application for a new device registration, including the required device fees.
Transfer of Devices to New Owner
Device registrations cannot be transferred to a new owner. If a business is sold to a new owner, a new application for registration is required. To satisfy the device performance review requirement, a merchant applying for new device registrations may submit documentation of a DPR performed for the previous merchant if it was completed within the last two years.
Consumer Information Stickers
The TDLR consumer information sticker which includes the department’s contact information and motor fuel tax rates, must be placed on the face of all motor fuel dispensers. The sticker must be visible but cannot block the readability or affect the operation of the device.
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.
Automotive Fuel Ratings
Texas merchants are required to post automotive fuel ratings for each grade of motor fuel offered for sale. A merchant is prohibited from selling fuel that is less than the posted rating on the dispenser.
Fuel Delivery Records
Merchants, wholesalers, distributors, and suppliers, 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
Merchants must also keep delivery tickets and records 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 licensed service company is required to perform a device performance review on each device of the following device categories at least once every two years.
Device performance activities include:
- performance testing;
- calibration, if necessary; and
-
inspection of the device to:
- ensure operation within NIST Handbook 44 specifications, tolerances and other technical requirements along with specified manufacturer guidelines; and
- detect the presence of skimmers.
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 discovered , the service technician must immediately notify the merchant and within 24 hours must report it to TDLR.
As a courtesy, the service technician should remind the merchant that they are also required to report the skimmer discovery to TDLR.
