Motor Fuel Metering and Quality
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The TDLR Motor Fuel Metering and Quality Program regulates the quantity of motor fuels sold in Texas by registering the companies that sell motor fuels and people who perform inspections of fuel delivery devices and the fuel itself.
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News and Updates
TDLR Temporarily Waives ASTM Requirements
August 31, 2023
On August 30, 2023, the Texas Department of Licensing & Regulation (TDLR) submitted a request to the Office of the Governor to temporarily suspend 16 Tex. Admin. Code § 97.3(2)(B). TDLR asserts that strict compliance with this provision could prevent, hinder, or delay necessary action in coping with the wildfire disaster that was declared on August 11, 2023, as renewed and amended on August 22, 2023, for El Paso County, among others.
In accordance with Section 418.016 of the Texas Government Code, the Office of the Governor suspended 16 Tex. Admin. Code § 97.3(2)(B), to the extent necessary to allow the distribution or sale of fuel supplies in El Paso County that may be needed in coping with the wildfire disaster following the unforeseen and unplanned outages at two refineries that serve El Paso County.
This suspension is in effect until terminated by the Office of the Governor or until the disaster declaration issued on August 11, 2023, is lifted or expires.
Commission Adopts Rules
August 30, 2023
The Texas Commission of Licensing and Regulation adopted amendments to existing rules at 16 Texas Administrative Code, Chapter 97, Subchapter A, §97.2 and §97.3; Subchapter B, §§97.23, 97.25, and 97.29; Subchapter D, §97.56 and §97.59; Subchapter E, §97.70 and §97.74; and adopts new rules at Subchapter B, §97.30 and §97.31; and the repeal of Subchapter G, §§97.90-97.95, regarding the Motor Fuel Metering and Quality program.
The adopted rules update definitions applicable to the program, clarify the standards applicable to fuel quality, and add merchant and consumer protections from card fraud. The adopted rules are necessary to implement legislative changes from House Bill (HB) 2106, 87th Legislature, Regular Session (2021), related to payment card skimmers on motor fuel devices.
The adoption justification was published in the August 25, 2023, issue of the Texas Register (48 TexReg 4655) and is available online. The updated rule chapter will be available on the Secretary of State website upon its effective date of September 1, 2023.
The Commission also withdraws proposed amendments to existing rules at 16 TAC, Chapter 97, Subchapter B, §§97.20-97.22, and §97.27; and withdraws proposed new rules at Subchapter B, §97.32 and §97.33, regarding the Motor Fuel Metering and Quality program. These rules were published in the March 24, 2023, issue of the Texas Register (48 TexReg 1612).
Call for Subject Matter Experts (SMEs) to Participate in the Development of the Texas Service Technician Licensing Examination
June 14, 2023
The Texas Department of Licensing and Regulation (TDLR) is looking for SMEs to volunteer to serve on the Service Technician Examination Review Committee (ERC).
The ERC creates, updates, evaluates, and references exam content.
Participation of knowledgeable SMEs will ensure the validity of the Texas Service Technician Licensing Exam.
Participants must be willing to sign a confidentiality document agreeing not to disclose examination content, materials, or discussions. Participants must also be willing to travel to Austin for all meetings.
To view the minimum qualifications, and to apply, download the Exam Develop Committee Application (PDF). The deadline to submit the application is July 14, 2023.
New Online Renewal For FMQ Devices
January 9, 2023
All FMQ Device Registration invoices that can be paid in full and do not require any changes such as adding or removing the number of devices at the facility can now be renewed online.
Downloadable Checklist For Reporting Credit Card Skimmers Now Available
March 24, 2022
TDLR has created helpful instructions for reporting credit card skimmers. Download, print out and post this checklist for gas station employees to follow if a skimmer is found. The poster provides clear instructions regarding gas skimmers:
- Don’t touch.
- Block access.
- Call the police.
- Report the skimmer to TDLR.
Reminder: Unauthorized removal and disposal of a credit card skimmer is a crime that could lead to civil penalties and criminal prosecution leading to jail time.
Ending LPG Licensing at TDLR
September 17, 2021
Effective September 17, 2021, Liquid Petroleum Gas (LPG) is exempt from registration by the Texas Department of Licensing and Regulation (TDLR) and we are no longer issuing Liquid Petroleum Gas (LPG) device registrations, or service company or technicians licenses for the LPG category.
Companies and individuals are no longer required to register LPG devices or renew their LPG licenses at TDLR, but must continue to maintain registration and license requirements with the Texas Department of Agriculture. A currently valid, newly issued, or recently renewed license will expire on the listed date on the license.
Notice of Rule Transfer
August 24, 2021
During the 87th Legislative Session, the Texas Legislature passed House Bill 2106 (HB 2106), which transferred rulemaking authority regarding credit card skimmers from the Office of the Attorney General to the Texas Commission of Licensing and Regulation and the Texas Department of Licensing and Regulation.
To comply with HB 2106, the administrative rules for the Office of the Attorney General found in Title 1, Part 3,Chapter 56, §§56.1 -56.6 of the Texas Administrative Code will be transferred to Title 16, Part 4, Chapter 97, Subchapter G, §§97.90-97.95.
The Rule Transfer was published in the August 20. 2021, issue of the Texas Register (46 TexReg 5255). The rules will be transferred in the Texas Administrative Code and made available upon its effective September 1, 2021.
Texans Can Apply to be a Volunteer Member of the Motor Fuel Metering and Quality Advisory Board
August 9, 2021
Texans interested in serving as volunteer members of the Texas Department of Licensing and Regulation (TDLR) Motor Fuel Metering and Quality Advisory Board have until September 15 to apply for one of nine slots on the board. Members will serve staggered six-year terms.
TDLR created an informal advisory workgroup when oversight of the Motor Fuel Metering and Quality Program (FMQ) transferred from the Texas Department of Agriculture in 2019. The workgroup provided industry expertise to TDLR, which was learning more about the program.
Senate Bill 2062 (87th Legislature, Regular Session) created the Motor Fuel Metering and Quality Advisory Board and requires that the board be appointed no later than Feb. 1, 2022. The board will provide technical knowledge and industry expertise to the Texas Commission of Licensing and Regulation and TDLR. Two non-voting board members will represent law enforcement agencies and financial institutions.
Member vacancies include:
- Four members who are dealers or representatives designated by the dealers, including:
- One dealer with fewer than 501 motor fuel metering devices registered with TDLR;
- One dealer with more than 1,000 but fewer than 5,000 motor fuel metering devices registered with TDLR;
- One dealer with more than 5,000 motor fuel metering devices registered with TDLR; and
- One dealer without regard to the number of motor fuel metering devices the dealer has registered with TDLR.
- Two members who represent service companies, as defined by Section 2310.151 of the Texas Occupations Code;
- One member who represents a wholesaler or distributor;
- One member who represents a supplier; and
- One public member. The public member cannot have any association with the motor fuels industry.
Members of the board will not be compensated, and they must cover their own expenses if they need to travel to Austin as part of their duties. Legislation in the most recent session allows TDLR advisory boards and commissions to meet via videoconference, so any travel may be limited.
All applications will be considered, and TDLR will contact applicants who were chosen to serve on the board.
TDLR Temporarily Waives ASTM Requirements
February 24, 2021
Pursuant to authority granted by the Governor on February 24, 2021, TDLR has temporarily waived seasonal specification requirements set in ASTM D4814, adopted by reference under Texas Administrative Code (TAC), Title 16, Part 4, Section 97.3(2)(B), to allow regulated parties to produce and distribute fuel that meets any seasonal specification, (including E grade plus ethanol), until March 31, 2021.
The temporary waiver will permit regulated parties to make fuel in compliance with any seasonal specifications during the waiver period and authorize parties downstream of the refinery (i.e. terminals and retail fuel stations) to distribute fuel of any seasonal specification until stocks are depleted. This allowance will expand gasoline production and distribution following the recent winter storms experienced throughout the state.
See the Governor's news release for additional info.
Motor Fuel Metering and Quality Update from TDLR
December 18, 2020
As we approach the time to renew your Motor Fuel Metering and Quality license with the Texas Department of Licensing and Regulation (TDLR), we wanted to provide important updates on the program.
TDLR initially added six months to the expiration dates for all Texas Department of Agriculture (TDA) licenses that transferred over to us. Your new TDLR expiration date is six months from the date your license or registration expired at TDA. Still not sure when you expire? You can use our License Data Search.
Here’s how the renewal process will work at TDLR:
- Your TDA account number transferred to TDLR. If your business has changed owners since it was registered at TDA, you will need to register as a new business and will not be able to renew.
- TDLR will mail renewal invoices for all FMQ licenses and registrations 60 days before your new expiration date. A separate paper invoice will be sent for each different license type.
- Renewal invoices for licenses and registrations expiring February 28 will go out in January.
- Renewals will be mailed to the point of contact listed for the client business.
- You’ll be able to change, add or remove devices on the renewal invoice.
- At this time, we are able to only receive payment by check.
- Please be sure to keep a copy of your application (take a picture of it or make a copy).
- TDLR will send you a new license or certificate of registration once your renewal is processed.
Consumer Information Stickers are available for purchase online.
To be sure you get your invoice, be sure to update your contact information.
Don’t Let Credit Card Skimmers Steal Your Holiday Joy: Help Fuel Retailers #ProtectThePump
December 16, 2020
The holiday season can get hectic, and it’s easy to get distracted when performing tasks like filling up your gas tank. Crooks depend on that inattention to make it easier for them to steal your credit card information off gasoline pumps.
“There are Grinches out there who want to steal your money and your joy,” said TDLR executive director Brian E. Francis. “If consumers, fuel retailers and TDLR work together to fight credit card skimmers, we can all protect the pump – and your bank account.”
Credit card skimmers are devices that criminals place in or on gas pump cabinets to steal credit card information from customers when they purchase fuel.
Often, there are signs that show consumers and retailers there may be an issue.
- Does the pump appear to have been tampered with?
- Is the cabinet door loose or damaged?
- Is the card slot loose?
- Does the card slot have an additional outside over it?
- Check to see if the keypad has an overlay on the original pad.
- If there’s security tape on the cabinet, does it look like it has been cut?
- Is there a screen shade over the display? Watch out – there could be a tiny camera hidden inside.
Here are some suggested best practices for protecting yourself at the pump:
- Go to a station that appears to be well-maintained and has security cameras.
- Pay for your gas inside the station using cash.
- If you opt to pay with a card inside the store or outside at the pump, use a credit card, NEVER a debit card, or crooks could drain your bank account before you even know what’s happening.
- Choose a pump close to the building, one that’s in the clerk’s line of sight.
- If you must use a code like a PIN number, be sure to cover the keypad with your other hand to hide your code from prying eyes.
- Monitor your credit card statement for unauthorized purchases and report them immediately to your credit card company.
If you think a pump has been tampered with, or you suspect your card has been compromised by a skimmer, report it to the station, to local law enforcement and to the Texas Department of Licensing and Regulation. Notify TDLR here: www.tdlr.texas.gov/skimmers.
Less Than Three Weeks Left To Install TDLR Stickers On Your Gas Pumps
November 12, 2020
Fuel Metering and Quality Licensees are reminded that gas pumps across Texas must prominently display the Texas Department of Licensing and Regulation (TDLR) consumer information stickers by Dec. 1, 2020.
Having the TDLR sticker on the pump will help consumers notify the correct agency and reduce delays if they need to report a suspected credit card skimmer or other issue.
The stickers have a Texas shape and include information about the amount of state and federal taxes charged for every gallon of fuel sold, as well as a telephone number and a QR code that consumers can use to file a complaint with TDLR regarding the quality or quantity of fuel that was sold.
You must remove the old Texas Department of Agriculture consumer information stickers once the TDLR stickers are installed. If you still have a Weights and Measures registration at TDA in addition to your motor fuels registration at TDLR, you must leave your TDA certificate posted
The new TDLR stickers have been available to merchants since January 2020 and can be ordered online.
For information about the TDLR FMQ Program, including links to program rules and statutes, visit our webpage at https://www.tdlr.texas.gov/fmq/fmq.htm.
To receive important updates about the TDLR FMQ Program, be sure to sign up for our emails: https://public.govdelivery.com/accounts/TXDLR/subscriber/new.
Help #ProtectThePump: Look for Possible Vandalism and Report Possible Credit Card Skimmers To TDLR
August 18, 2020
Texas consumers and gas station merchants can help protect fellow Texans from credit card fraud by paying attention when they’re purchasing gasoline at the pump and reporting any irregularities to local law enforcement and the Texas Department of Licensing and Regulation.
Thieves sometimes attach credit card skimmers on gas pumps to steal payment card information from customers when they purchase fuel.
Often, there are signs that show consumers and vendors there may be an issue. Does the pump appear to have been tampered with? Is the cabinet door loose or damaged? Is the card slot loose? If there’s security tape on the cabinet, does it look like it has been cut?
Whether a credit card skimmer is found by a consumer, a service technician or a merchant, the merchant is responsible for immediately notifying law enforcement and disabling all dispensers where skimmers have been located until law enforcement or TDLR investigators can remove the device. Merchants also are required by state law to notify TDLR within 24 hours.
Merchants and consumers should report skimmers via the TDLR website.
License Expiration Dates Extended
June 18, 2020
Effective August 1, 2020, license expiration dates for all active motor fuel licenses at TDA will be extended by 6 months from their current expiration date. This includes devices, suppliers, distributors / wholesalers / jobbers, class 5 and 6 service companies, and service technicians.
A reminder notice for the new renewal date will be sent by TDLR 60 days prior to license expiration. No action needs to be taken, and no notices will be sent by TDA.
To be eligible for the extension, a license/registration must be currently active (not delinquent or late) and the renewal date must be on or after August 1, 2020.
TDLR Temporarily Waives ASTM requirements
April 29, 2020
Pursuant to authority granted by the Governor, TDLR has suspended Title 4, Part 1, Chapter 5, Section 5.7(a), of the Texas Administrative Code, and waived the requirements adopted in ASTM D4814. The waiver of all ASTM D4814 requirements, including Reid Vapor Pressure (RVP) standards for terminals and retailers, extends through June 15th at a minimum and continues to be effective for the duration of the Governor’s Disaster Declaration. This waiver will ensure that regulated parties can continue to supply fuel to Texans during the COVID-19 pandemic.
15 Named to New Motor Fuel Metering and Quality Workgroup
February 3, 2020
Fifteen people have been named to TDLR’s new Motor Fuel Metering and Quality Workgroup. The statewide workgroup will provide input, advice and recommendations to TDLR and the Texas Department of Agriculture on the orderly transfer of the motor fuel quality and metering program.
Senate Bill 2119, 86th Legislature, moved oversight of the Motor Fuel Metering and Quality program to TDLR from the Texas Department of Agriculture as of September 1, 2019. Since the program transfer, TDLR has taken over investigating fuel quality and quantity complaints, as well as investigating potential credit card skimmer devices. The agency has also released a new consumer information sticker for fuel pumps. Later this year, TDLR will take over all motor fuels licensing from TDA.
“We’re pleased to have such a great group of people to help advise TDLR about the needs of the motor fuels industry, since the industry does so much to drive the Texas economy,” said Brian E. Francis, TDLR executive director. “We have a lot to learn from the workgroup and can’t wait to get started.”
Motor Fuels Program Moves from Department of Agriculture to TDLR
September 1, 2019
Senate Bill 2119 in the 86th Legislature transferred oversight of the Motor Fuels program from the Texas Department of Agriculture (TDA) to TDLR. TDLR and TDA have worked closely to make sure that the transfer of the Motor Fuels program goes as smoothly as possible for consumers and licensees.
TDLR has temporarily delegated licensing of motor fuel distributors, wholesalers, jobbers, suppliers, licensed service companies and licensed service technicians to TDA.
Meanwhile, TDLR will use its regulatory authority to protect Texas consumers and to perform motor fuels investigations into motor fuels quantity, pricing complaints and skimmers. TDLR will partner with the Office of the Attorney General (OAG) on fuel quality investigations and prosecutions.
Advisory Board Meetings
May 16, 2023
The Motor Fuel Metering and Quality Advisory Board met May 16, 2023 via videoconference. The meeting was archived and is available on TDLR's YouTube channel. The agenda and staff reports are available online.