Laws Lawyers Find Laws Legal Forms State Laws Bills

TEXAS STATUTES AND CODES

CHAPTER 13. WEIGHTS AND MEASURES

Listen
AGRICULTURE CODETITLE 2. DEPARTMENT OF AGRICULTURECHAPTER 13. WEIGHTS AND MEASURESSUBCHAPTER A. GENERAL PROVISIONSSec. 13.001.DEFINITIONS.(a)In this chapter:(1)"Weight or measure of a commodity" means the weight ormeasure of a commodity as determined by a weighing or measuringdevice.(2)"Sell" includes barter or exchange.(3)"Weighing or measuring device" means:(A)a scale; or(B)a mechanical or electronic device used to dispense ordeliver a commodity by weight, volume, flow rate, or othermeasure.(b)A reference to the weight of a commodity in this chapter isa reference to the net weight of the commodity.Acts 1981, 67th Leg., p. 1022, ch. 388, Sec. 1, eff. Sept. 1,1981.Amended by:Acts 2005, 79th Leg., Ch.43, Sec. 1, eff. September 1, 2005.Acts 2009, 81st Leg., R.S., Ch.913, Sec. 1, eff. September 1, 2009.Sec. 13.002.ENFORCEMENT OF CHAPTER.(a)The department shallenforce the provisions of this chapter and shall supervise allweighing or measuring devices sold or offered for sale in thisstate.The department may purchase apparatus as necessary forthe administration of this chapter.(b)The department shall, to the extent practical and costeffective, allow another state agency by interagency contract toexecute the department's responsibilities under Subsection (a).The contract may cover the whole state or only a specifiedregion.Acts 1981, 67th Leg., p. 1023, ch. 388, Sec. 1, eff. Sept. 1,1981. Amended by Acts 1995, 74th Leg., ch. 419, Sec. 4.01, eff.Sept. 1, 1995.Amended by:Acts 2009, 81st Leg., R.S., Ch.913, Sec. 2, eff. September 1, 2009.Sec. 13.007.CIVIL PENALTY; INJUNCTION.(a)A person whoviolates this chapter or a rule adopted under this chapter isliable to the state for a civil penalty not to exceed $500 foreach violation. Each day a violation continues may be considereda separate violation for purposes of a civil penalty assessment.(b)On request of the department, the attorney general or thecounty attorney or district attorney of the county in which theviolation is alleged to have occurred shall file suit to collectthe penalty.(c)A civil penalty collected under this section shall bedeposited in the state treasury to the credit of the GeneralRevenue Fund. All civil penalties recovered in suits firstinstituted by a local government or governments under thissection shall be equally divided between the State of Texas andthe local government or governments with 50 percent of therecovery to be paid to the General Revenue Fund and the other 50percent equally to the local government or governments firstinstituting the suit.(d)The department is entitled to appropriate injunctive reliefto prevent or abate a violation of this chapter or a rule adoptedunder this chapter. On request of the department, the attorneygeneral or the county or district attorney of the county in whichthe alleged violation is threatened or is occurring shall filesuit for the injunctive relief. Venue is in the county in whichthe alleged violation is threatened or is occurring.Added by Acts 1989, 71st Leg., ch. 230, Sec. 19, eff. Sept. 1,1989.SUBCHAPTER B. STANDARD WEIGHTS AND MEASURESSec. 13.021.LEGAL STANDARDS.(a)The legal standard for theweight or measure of a commodity in this state is the standardweight or measure adopted and used by the government of theUnited States for that commodity.If the United States does notprovide a standard weight or measure for a commodity, thestandard for that commodity is that established by thissubchapter.(b)The department may adopt rules for the purpose ofadministering this subchapter and bringing about uniformitybetween the standards established under this subchapter and thestandards established by federal law. A person who violates arule adopted under this subsection commits an offense.(c)Except as otherwise provided by an express contract, acontract for work or sales by weight or measure of a commodityshall be construed in accordance with the standards of thissubchapter.(d)The standards of this subchapter shall be the guide formaking any adjustment of weighing or measuring devices under thelaw of this state.Acts 1981, 67th Leg., p. 1023, ch. 388, Sec. 1, eff. Sept. 1,1981.Amended by:Acts 2009, 81st Leg., R.S., Ch.913, Sec. 3, eff. September 1, 2009.Sec. 13.022.STANDARD FOR LENGTH AND SURFACE.(a)The standardunit of length and surface is the yard. The yard is divided intothree equal parts called feet. Each foot is divided into 12 partscalled inches. All measures of extension, including lineal,superficial, and solid measures, shall be derived and ascertainedfrom the yard.(b)For measure of a commodity commonly sold by the yard,including cloth, the yard may be divided into halves, quarters,eighths, and sixteenths.(c)The rod, pole, or perch contains 5-1/2 yards. The milecontains 1,760 yards. The Spanish vara contains 33-1/3 inches.(d)If land is measured by the English rule, the chain formeasuring land shall be 22 yards long and divided into 100 equalparts called links.(e)For land measure, the acre is measured horizontally andcontains 4,840 square yards, and a square mile contains 640acres.Acts 1981, 67th Leg., p. 1024, ch. 388, Sec. 1, eff. Sept. 1,1981.Sec. 13.023.STANDARD FOR WEIGHT.(a)The standard for weightis the standard of avoirdupois and troy weights. Other weightsshall be derived and ascertained from that standard.(b)The avoirdupois pound bears to the troy pound the ratio of7,000 grains to 5,760 grains. The avoirdupois pound is dividedinto 16 equal parts called ounces.(c)The hundredweight consists of 100 avoirdupois pounds. Theton consists of 2,000 avoirdupois pounds.(d)The troy ounce is equal to one-twelfth of a troy pound.Acts 1981, 67th Leg., p. 1024, ch. 388, Sec. 1, eff. Sept. 1,1981.Sec. 13.024.STANDARD FOR LIQUID CAPACITY.(a)The standardunit of measure of capacity for liquids is the gallon.(b)The barrel consists of 31-1/2 gallons. A hogshead consistsof two barrels. Except as provided by Subsection (c) of thissection all other measures of capacity for liquids are derivedfrom the gallon by continual division by two, making halfgallons, quarts, pints, half pints, and gills.(c)A mechanism or machine that is adapted to measure anddeliver liquid by volume and that indicates fractional parts of agallon shall indicate the fractional parts either in terms ofbinary submultiple subdivisions or in terms of tenths of agallon.Acts 1981, 67th Leg., p. 1024, ch. 388, Sec. 1, eff. Sept. 1,1981.Sec. 13.025.STANDARD FOR SOLID CAPACITY.(a)The standardunit of measure of capacity for a solid is the half bushel.(b)The peck, half-peck, quarter-peck, quart, and pint measuresfor solid commodities are derived from the half bushel bysuccessively dividing that measure by two.(c)The bushel contains 2,150-42/100 cubic inches. The halfbushel contains 1,075-20/100 cubic inches. The gallon contains231 cubic inches.(d)In measuring dry commodities, the measure may not be heapedbut shall be stricken with a straight stick or roller.Acts 1981, 67th Leg., p. 1024, ch. 388, Sec. 1, eff. Sept. 1,1981.Sec. 13.026.CORD.(a)A cord is equal to 128 cubic feet orthe contents of a space 8 feet long, 4 feet wide, and 4 feethigh.(b)A cord of wood intended for use as fuel is the amount ofwood contained in a space of 128 cubic feet when the wood isranked and well-stowed and one-half the kerf of the wood isincluded.Acts 1981, 67th Leg., p. 1024, ch. 388, Sec. 1, eff. Sept. 1,1981.Sec. 13.027.STANDARD NET WEIGHT OR COUNT SET BY RULE.(a)Thedepartment by rule may establish a standard net weight or netcount for any commodity and prescribe tolerances for thosestandards as the department considers necessary for the properprotection of the public.(b)A person commits an offense if the person fails or refusesto comply with the rules adopted under this section.Acts 1981, 67th Leg., p. 1025, ch. 388, Sec. 1, eff. Sept. 1,1981.Sec. 13.028.STANDARD WEIGHT PER BUSHEL FOR CERTAIN COMMODITIES.If the following commodities are sold by the bushel and noagreement is made by the parties as to the measurement or weight,the bushel shall consist of the listed number of pounds:barley48 poundsshelled corn56 poundsflax seed56 poundsoats32 poundsrye56 poundswheat60 poundscottonseed32 poundsActs 1981, 67th Leg., p. 1025, ch. 388, Sec. 1, eff. Sept. 1,1981.Sec. 13.029.EXEMPTION OF WEIGHING OR MEASURING DEVICES.Thedepartment by rule may exempt a weighing or measuring device froma requirement established by this chapter if the departmentdetermines that imposing or enforcing the requirement:(1)is not cost-effective for the department;(2)is not feasible with current resources or standards; or(3)will not substantially benefit or protect consumers.Added by Acts 2009, 81st Leg., R.S., Ch.913, Sec. 4, eff. September 1, 2009.Sec. 13.030.SALE OF COMMODITIES BY NET WEIGHT.(a)If acommodity is sold on the basis of weight, the net weight of thecommodity shall be employed in the sale. A contract concerninggoods sold on the basis of weight shall be construed to employnet weight.(b)This section does not apply to bales of cotton.(c)A person commits an offense if, in the sale of a commodityby weight, the person employs a weight other than net weight.Acts 1981, 67th Leg., p. 1026, ch. 388, Sec. 1, eff. Sept. 1,1981.Sec. 13.031.SALE OF COMMODITIES BY PROPER MEASURE.(a)Exceptas otherwise provided by this section, a liquid commodity shallbe sold by liquid measure. A commodity, including a good, ware,or merchandise item, that is not liquid shall be sold by length,weight, or numerical count if the commodity has been or iscapable of being sold by one of those measures.(b)A liquid commodity may be sold by other than liquid measureif sold for immediate consumption on the premises where sold.(c)A liquid commodity may be sold by weight if there is ageneral consumer usage to express the quantity of the commodityby weight and the expression gives accurate information as to theweight of the commodity.(d)This section does not prevent the sale of:(1)fruits, vegetables, or other dry commodities in the standardbarrel or by other method provided for by state or federal law;(2)berries and small fruits in boxes as provided for by otherstate law; or(3)vegetables or fruits by the head or bunch if the vegetableor fruit is usually sold in that manner.(e)This section does not apply to a commodity in an originalpackage, which includes any wholesale or retail package, carton,case, can, barrel, bottle, box, phial, or other receptacle, orthe coverings or wrappings of a commodity, that is put up by themanufacturer, that may be labeled, branded, stenciled, orotherwise marked, and that makes one complete package.(f)A person commits an offense if in violation of this sectionthe person sells a liquid commodity by other than liquid measureor a commodity that is not liquid by a measure other than length,weight, or numerical count.Acts 1981, 67th Leg., p. 1026, ch. 388, Sec. 1, eff. Sept. 1,1981.Sec. 13.032.STANDARD FILL AND QUANTITY LABELING FOR COMMODITIESIN PACKAGE FORM.(a)For the purpose of preventing the sale ofcommodities in package form with containers that mislead thepurchaser as to quantity, the department by rule may establish astandard fill for commodities in package form. The rules must bereasonable with respect to the physical characteristics of thecontainer, the prevailing method of handling and transporting thepackage, and generally accepted good commercial practice infilling methods. The rules shall provide for reasonablevariations and tolerances.(b)Except as otherwise provided by this section, a commodity inpackage form shall be plainly and conspicuously marked on theoutside of the package with:(1)the net quantity of the contents in terms of weight,measure, numerical count, or a combination thereof, which isgenerally used by consumers and users to express the quantity ofsuch commodity; and(2)the name and place of business of the manufacturer, packer,or distributor.(c)The department by rule shall provide exemptions from therequirements of Subsection (b)(1) of this section for smallpackages and from the requirements of Subsection (b)(2) of thissection for packages sold on the premises where packed.(d)The department by rule shall prescribe reasonable variationsor tolerances for the statement of net quantity required underSubsection (b)(1) of this section.(e)A box or carton used for shipping purposes containing anumber of packages that are individually marked in accordancewith Subsection (b) of this section is not required to be markedin accordance with that subsection.(f)A commodity is in package form if for wholesale or retailit:(1)is in a package, carton, case, can, box, bag, barrel,bottle, or phial, on a spool or similar holder, in a container orband, in a roll, ball, coil, skein, or other receptacle, or incoverings or wrappings of any kind;(2)is put up by the manufacturer or, if put up prior toordering, by the vendor;(3)is suitable for labeling, branding, stenciling, or markingin another manner; and(4)makes one complete package.(g)This section does not apply to bales of cotton, commoditiesin package form of which the manner of sale is regulated by otherlaw, or to stationery in tablet form.(h)A person commits an offense if the person sells, keeps forsale, or offers or exposes for sale a commodity in package formthat is:(1)not labeled in accordance with this section;(2)in a container that is made, formed, filled, or wrapped soas to mislead the purchaser as to the quantity of the contents;or(3)in a container the contents of which fall below the standardfill prescribed by rule under Subsection (a) of this section.Acts 1981, 67th Leg., p. 1026, ch. 388, Sec. 1, eff. Sept. 1,1981. Amended by Acts 1985, 69th Leg., ch. 276, Sec. 1, eff. Aug.26, 1985.Sec. 13.033.SALE OF MILK OR CREAM IN NONSTANDARD CONTAINER.Aperson commits an offense if the person sells or keeps, offers,or exposes for sale milk or cream in bottles or other containersof a capacity other than one of the standard liquid measuresprovided for by Section 13.024 of this code.Acts 1981, 67th Leg., p. 1027, ch. 388, Sec. 1, eff. Sept. 1,1981.Sec. 13.034.SALE OF CHEESE, MEAT, OR MEAT FOOD PRODUCT BYNONSTANDARD WEIGHT.(a)Except as otherwise provided by thissection or Section 13.032 of this code, cheese, meat, and meatfood products shall be sold by standard net weight.(b)Cheese, meat, or a meat food product may be sold by otherthan standard net weight if sold for immediate consumption on thepremises where sold.(c)Poultry may be sold by live weight if weighed at the time ofsale. Poultry dressed or killed prior to the time of sale,whether cooked or uncooked, shall be sold by net weight at thetime of sale. Fresh-cooked poultry may be sold by the piece or bythe head.(d)A person commits an offense if, in violation of thissection, the person sells or keeps, offers, or exposes for salecheese, meat, or a meat food product by a measure other thanstandard net weight.(e)In this section:(1)"Meat or meat food product" includes fresh, cured, or saltmeats; poultry; fish; sausage; chili; headcheese; souse meat;loaf meat; boneless meat; shredded meat; hamburger; and any othermanufactured, prepared, or processed meat or meat food product.(2)"Poultry" includes turkeys, chickens, ducks, geese, guineas,squabs, and all other domesticated fowl.Acts 1981, 67th Leg., p. 1027, ch. 388, Sec. 1, eff. Sept. 1,1981.Sec. 13.035.PRICE ADVERTISEMENT; MISREPRESENTATION OF PRICE ORQUANTITY.(a)If a price sign, card, tag, poster, or otheradvertisement displaying the price of a commodity or other itemincludes a whole number and a fraction, the figures in thefraction shall be of proportionate size and legibility to thoseof the whole number.(b)A person commits an offense if the person:(1)misrepresents the price of a commodity, item, or servicesold or offered or exposed for sale; or(2)represents the price or the quantity of a commodity, item,or service sold or offered or exposed for sale in a mannerintended or tending to mislead or deceive an actual orprospective customer.Acts 1981, 67th Leg., p. 1028, ch. 388, Sec. 1, eff. Sept. 1,1981.Sec. 13.036.FALSE REPRESENTATION OF COMMODITY QUANTITY.Aperson commits an offense if the person or the person's servantor agent:(1)sells or offers or exposes for sale a quantity of acommodity or service that is less than the quantity the personrepresents; or(2)as a buyer furnishing the weight or measure of a commodityor service by which the amount of the commodity or service isdetermined, takes or attempts to take more than the quantity theperson represents.Acts 1981, 67th Leg., p. 1028, ch. 388, Sec. 1, eff. Sept. 1,1981.Amended by:Acts 2009, 81st Leg., R.S., Ch.913, Sec. 5, eff. September 1, 2009.Sec. 13.037.USE OF INCORRECT WEIGHING OR MEASURING DEVICE.(a)A person commits an offense if the person or the person'sservant or agent uses an incorrect weighing or measuring devicein:(1)buying or selling a commodity;(2)computing a charge for services rendered on the basis ofweight or measure; or(3)determining the weight or measure of a commodity, if acharge is made for the determination.(b)For the purpose of this section, a weighing or measuringdevice is incorrect if it:(1)does not conform as closely as practicable to the officialstandards;(2)is not accurate;(3)is of a construction that is not reasonably permanent inadjustment or does not correctly repeat its indications;(4)facilitates the perpetration of fraud; or(5)does not conform to the specifications and tolerancesestablished by the department under Section 13.114.Acts 1981, 67th Leg., p. 1028, ch. 388, Sec. 1, eff. Sept. 1,1981.Amended by:Acts 2009, 81st Leg., R.S., Ch.913, Sec. 5, eff. September 1, 2009.Sec. 13.038.SALE OF COMMODITY IN VIOLATION OF SUBCHAPTER.Aperson commits an offense if the person or the person's servantor agent sells or keeps, offers, or exposes for sale a commodityin violation of this subchapter.Acts 1981, 67th Leg., p. 1029, ch. 388, Sec. 1, eff. Sept. 1,1981.Sec. 13.039.TESTING OF PACKAGE BY DEPARTMENT.(a)Thedepartment shall from time to time weigh or measure a package oran amount of any commodity that is kept or offered for sale,sold, or in the process of delivery, in order to determine:(1)if the commodity is of the amount or quantity represented;or(2)if the commodity is being offered for sale or sold inaccordance with law.(b)If the department finds that a package or any lot of acommodity contains less of the commodity than the amountrepresented, the department may seize the package or thecommodity as evidence.(c)A person commits an offense if the person or the person'semployee or agent refuses to exhibit a commodity being sold oroffered for sale at a given weight or quantity, or ordinarilysold in that manner, to the department for testing and proving asto quantity.Acts 1981, 67th Leg., p. 1029, ch. 388, Sec. 1, eff. Sept. 1,1981.Amended by:Acts 2009, 81st Leg., R.S., Ch.913, Sec. 5, eff. September 1, 2009.Sec. 13.040.STOP-SALE ORDER.(a)If the department has reasonto believe that a commodity is being sold or kept, offered, orexposed for sale in violation of Section 13.030, 13.031, 13.032,13.033, 13.034, 13.035, 13.036, or 13.037 of this code, thedepartment may issue and enforce a written or printed order tostop the sale of the commodity. The department shall present theorder to the owner or custodian of the commodity. The personreceiving the order may not sell the commodity until dischargedby a court under Subsection (b) of this section or until thecommissioner finds that the commodity is in compliance with theapplicable section.(b)The owner or custodian of a commodity prohibited from saleby an order of the department is entitled to sue in a court ofcompetent jurisdiction where the commodity is found for ajudgment as to the justification of the order and for thedischarge of the commodity in accordance with the findings of thecourt.(c)This section does not limit the right of the department toproceed as authorized by other sections of this subchapter.Acts 1981, 67th Leg., p. 1029, ch. 388, Sec. 1, eff. Sept. 1,1981.Sec. 13.041.PENALTIES; DEFENSE.(a)An offense under Section13.021, 13.027, 13.029, or each of Sections 13.030 through 13.039of this code is a Class C misdemeanor.(b)It is a defense to prosecution under Sections 13.030-13.038of this code that a discrepancy between the actual weight orvolume at the time of sale to a consumer and the weight marked onthe container or a discrepancy between the fill of a containerand the capacity of the container is due to unavoidable leakage,shrinkage, evaporation, waste, or causes beyond the control ofthe seller acting in good faith.Acts 1981, 67th Leg., p. 1029, ch. 388, Sec. 1, eff. Sept. 1,1981. Amended by Acts 1989, 71st Leg., ch. 230, Sec. 20, eff.Sept. 1, 1989.SUBCHAPTER C. INSPECTION AND REGISTRATION OF WEIGHING ORMEASURING DEVICESSec. 13.101.REQUIRED INSPECTION.(a)At least once every fouryears, or more often as required by the department, a weighing ormeasuring device shall be inspected and tested for correctness bythe department if it:(1)is kept for sale, sold, or used by a proprietor, agent,lessee, or employee in proving the weight or measure, includingthe size, quantity, extent, or area, of any item;or(2)is purchased, offered, or submitted by a proprietor, agent,lessee, or employee for sale, hire, or award.(b)The department shall, to the extent necessary to ensurecompliance with the official standards, require additionalinspection and testing of weighing or measuring devices.(c)A person who uses or keeps for use, or has or offers forsale, a weighing or measuring device is responsible for havingthe device inspected and tested as required by this section.(d)Unless the department requires an additional inspection, aweighing or measuring device that is inspected and found correctby the department may be kept for use, used, kept or offered forsale, or sold without further testing.(e)The department may inspect and test a weighing or measuringdevice less frequently than required by Subsection (a):(1)to accommodate complaint-based and risk-based inspectionschedules; or(2)in response to an emergency or a limitation in departmentfunding.Acts 1981, 67th Leg., p. 1030, ch. 388, Sec. 1, eff. Sept. 1,1981. Amended by Acts 1989, 71st Leg., ch. 230, Sec. 21, eff.Sept. 1, 1989; Acts 2003, 78th Leg., ch. 122, Sec. 1, eff. Sept.1, 2003; Acts 2003, 78th Leg., ch. 200, Sec. 4(b), eff. Sept. 1,2003.Amended by:Acts 2009, 81st Leg., R.S., Ch.913, Sec. 7, eff. September 1, 2009.Sec. 13.1011.REQUIRED REGISTRATION.(a)A person who operatesa weighing or measuring device for a commercial transaction shallregister annually with the department.(b)The department shall establish a system of annualregistration and may provide for staggered year-roundregistration.(c)If a person fails to register as required by this sectionand pay the fee required under Section 13.1151, the departmentmay assess a late fee against the person, prohibit the operationof the weighing or measuring device, or both assess the fee andprohibit the operation of the device.(d)The department shall adopt rules for the administration ofthis section and Section 13.1151 of this code.(e)Repealed by Acts 2005, 79th Leg., Ch. 43, Sec. 4, eff.September 1, 2005.Added by Acts 1985, 69th Leg., ch. 239, Sec. 57(a), eff. Sept. 1,1985.Amended by:Acts 2005, 79th Leg., Ch.43, Sec. 4, eff. September 1, 2005.Acts 2009, 81st Leg., R.S., Ch.913, Sec. 8, eff. September 1, 2009.Sec. 13.1012.SERVICE PERSON REGISTRATION REQUIREMENT.(a)Aperson may not place into service or remove any out-of-order tagfrom any weighing or measuring devices unless the person holds aregistration issued under this section or is licensed underSubchapter F, G, or H.(b)The department shall register a person who meets therequirements of the department adopted under this section, whichmay include:(1)proof of completion of a department-approved academic,trade, or professional course of instruction; and(2)a written examination.(c)Each registrant under this section shall conductinstallation or service activities in compliance with the rulesof the department.(d)A registrant shall maintain and submit to the department areport and record of all installation or service activitiescompiled in accordance with the rules of the department.(e)The department may conduct an inspection of an applicant'sor registrant's:(1)facilities;(2)inspecting and testing equipment and procedures;(3)repair and calibration equipment, records, and procedures;and(4)transportation equipment.(f)An application for a registration or renewal shall besubmitted to the department on a form prescribed by thedepartment, accompanied by a registration, renewal, or late fee,in an amount established by department rule.(g)A registration issued under this section shall be for aperiod determined by department rule.(h)The department may refuse to register an applicant forservice of weighing and measuring devices if the applicant failsto comply with this section.(i)The department shall revoke, modify, or suspend aregistration, assess an administrative penalty, place onprobation a person whose registration has been suspended, orreprimand a registrant if the registrant fails to comply withthis section or a rule adopted by the department under thissection.Added by Acts 1995, 74th Leg., ch. 419, Sec. 4.05, eff. Sept. 1,1995.Amended by:Acts 2009, 81st Leg., R.S., Ch.913, Sec. 9, eff. September 1, 2009.Sec. 13.111.REPAIR OR DESTRUCTION OF INCORRECT WEIGHING ORMEASURING DEVICES.(a)If, in the judgment of the department, aweighing or measuring device found to be incorrect is not capableof being repaired, the department may condemn, seize, and destroythe device.(b)If, in the judgment of the department, an incorrect weighingor measuring device is capable of being repaired, the departmentshall place on the device a tag or other mark with the words "Outof Order."The owner or user of the weighing or measuring devicemay have it repaired within 30 days, but may not use or disposeof it until it is reinspected and released for use by thedepartment or inspected and released for use in any other mannerauthorized by department rule.(c)Repealed by Acts 2009, 81st Leg., R.S., Ch. 913, Sec. 28(7),eff. September 1, 2009.(d)Repealed by Acts 2009, 81st Leg., R.S., Ch. 913, Sec. 28(7),eff. September 1, 2009.Acts 1981, 67th Leg., p. 1032, ch. 388, Sec. 1, eff. Sept. 1,1981. Amended by Acts 1995, 74th Leg., ch. 419, Sec. 4.03, eff.Sept. 1, 1995.Amended by:Acts 2009, 81st Leg., R.S., Ch.913, Sec. 10, eff. September 1, 2009.Acts 2009, 81st Leg., R.S., Ch.913, Sec. 11, eff. September 1, 2009.Acts 2009, 81st Leg., R.S., Ch.913, Sec. 28(7), eff. September 1, 2009.Sec. 13.112.TESTS FOR STATE INSTITUTIONS.As requested by thecomptroller or the governing body of a state institution, thedepartment shall test each weighing or measuring device used by astate institution for any purpose, including a weighing ormeasuring device used in checking the receipt and distribution ofsupplies.The department shall report results of the test to thechairman of the governing body of the institution.Acts 1981, 67th Leg., p. 1033, ch. 388, Sec. 1, eff. Sept. 1,1981. Amended by Acts 1989, 71st Leg., ch. 230, Sec. 23, eff.Sept. 1, 1989.Amended by:Acts 2007, 80th Leg., R.S., Ch.937, Sec. 1.80, eff. September 1, 2007.Acts 2009, 81st Leg., R.S., Ch.913, Sec. 12, eff. September 1, 2009.Sec. 13.113.STANDARDS USED IN INSPECTION.(a)The standardsof weights and measures received from the United States andcertified by the National Institute of Standards and Technologyare the state's standards by which all state and local standardsof weights and measures are tried, authenticated, proved, andcertified.(b)The department shall maintain the official standards in asafe and suitable place in the offices of the department. Thestandards may not be moved except for repairs or certification.The department shall maintain the standards in good order andshall submit them to the National Institute of Standards andTechnology for certification at least once each 10 years.(c)In addition to the standards kept by the state, thedepartment shall maintain a complete set of copies of theoriginal standards for use in adjusting local standards or in theperformance of other official duties.The department maypurchase additional sets of standards as necessary for use by adepartment inspector or other department personnel.(d)At the request of a city, the department shall furnish thecity with copies of the state's standards or test and approveother standards acquired by the city.The city shall reimbursethe state for the actual cost of the standards furnished, plusthe costs of freight and certification.All standards furnishedto or tested for a city shall be true and correct, certified bythe department, and stamped with the letter "C".The copies usedby a city may be of any suitable material or construction thatthe city requests, subject to approval by the department.(e)The department shall inspect and correct the standards usedby a department inspector, other department employee, orindividual or business licensed by the department to performprivate maintenance, repairs, or calibration of weighing ormeasuring devices at least once every year.The department shallkeep a record of the inspection and character of weights andmeasures inspected under this subsection.Acts 1981, 67th Leg., p. 1033, ch. 388, Sec. 1, eff. Sept. 1,1981. Amended by Acts 1989, 71st Leg., ch. 230, Sec. 24, eff.Sept. 1, 1989.Amended by:Acts 2009, 81st Leg., R.S., Ch.913, Sec. 13, eff. September 1, 2009.Sec. 13.114.TOLERANCES.(a)The department shall establishtolerances and specifications for commercial weighing ormeasuring devices used in this state.The tolerances andspecifications shall be similar to those recommended by theNational Institute of Standards and Technology.(b)A person commits an offense if the person fails or refusesto comply with the tolerances and specifications establishedunder this section.Acts 1981, 67th Leg., p. 1033, ch. 388, Sec. 1, eff. Sept. 1,1981. Amended by Acts 1989, 71st Leg., ch. 230, Sec. 25, eff.Sept. 1, 1989.Amended by:Acts 2009, 81st Leg., R.S., Ch.913, Sec. 14, eff. September 1, 2009.Sec. 13.115.FEES FOR DEPARTMENT INSPECTION.(a)Thedepartment shall collect a fee in accordance with this sectionfor each test of a weighing or measuring device required by thissubchapter or performed on request of the owner.(b)Repealed by Acts 1995, 74th Leg., ch. 419, Sec. 10.09(5),eff. Sept. 1, 1995.(c)The department shall charge a fee, as provided by departmentrule, for tolerance testing of a weight by the department'smetrology laboratory.(d)The department shall charge a fee, as provided by departmentrule, for tolerance testing of a measure by the department'smetrology laboratory.(e)The department shall charge a fee, as provided by departmentrule, for precision testing performed by the department'smetrology laboratory.(f)The department shall charge a fee, as provided by departmentrule, for precision testing of tapes, rules, glassware, and otherweighing or measuring devices performed by the department'smetrology laboratory.(g)The department may collect the fees prescribed by thissection only once annually unless requested to perform additionaltests by the owner of the weight or measure.(h)This section does not prevent a city from operating anagency for the testing of weights and measures.Acts 1981, 67th Leg., p. 1034, ch. 388, Sec. 1, eff. Sept. 1,1981. Amended by Acts 1983, 68th Leg., p. 4282, ch. 682, Sec. 1,eff. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 239, Sec. 57(c),(d), eff. Sept. 1, 1985; Acts 1991, 72nd Leg., 1st C.S., ch. 5,Sec. 9.02, eff. Sept. 1, 1991; Acts 1995, 74th Leg., ch. 419,Sec. 2.06, 10.09(5), eff. Sept. 1, 1995.Amended by:Acts 2009, 81st Leg., R.S., Ch.913, Sec. 15, eff. September 1, 2009.Sec. 13.1151.FEES FOR REGISTRATION AND INSPECTION.Thedepartment may charge the owner or operator of a weighing ormeasuring device a fee, as provided by department rule, torecover the costs of registration and inspection of a weighing ormeasuring device required to be registered or inspected underthis chapter.Added by Acts 1985, 69th Leg., ch. 239, Sec. 57(a), eff. Sept. 1,1985. Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 5, Sec.9.03, eff. Sept. 1, 1991; Acts 1995, 74th Leg., ch. 419, Sec.2.07, eff. Sept. 1, 1995.Amended by:Acts 2005, 79th Leg., Ch.43, Sec. 2, eff. September 1, 2005.Acts 2005, 79th Leg., Ch.43, Sec. 3, eff. September 1, 2005.Acts 2005, 79th Leg., Ch.43, Sec. 4, eff. September 1, 2005.Acts 2009, 81st Leg., R.S., Ch.913, Sec. 16, eff. September 1, 2009.Sec. 13.117.REFUSING TO ALLOW TEST OF WEIGHING OR MEASURINGDEVICE. A person commits an offense if the person neglects orrefuses to allow a weighing or measuring device under theperson's control or in the person's possession to be inspected,tested, or examined by the department, and the inspection, test,or examination is required by this chapter.Acts 1981, 67th Leg., p. 1035, ch. 388, Sec. 1, eff. Sept. 1,1981.Amended by:Acts 2009, 81st Leg., R.S., Ch.913, Sec. 16, eff. September 1, 2009.Sec. 13.118.HINDERING DEPARTMENT PERSONNEL.A person commitsan offense if the person hinders or obstructs in any way thedepartment, a department inspector or other department personnelin the performance of official duties.Acts 1981, 67th Leg., p. 1035, ch. 388, Sec. 1, eff. Sept. 1,1981.Amended by:Acts 2009, 81st Leg., R.S., Ch.913, Sec. 16, eff. September 1, 2009.Sec. 13.119.REMOVAL OF REGISTRATION TAG.A person commits anoffense if the person removes or obliterates a tag or deviceplaced on a weighing or measuring device under this chapter.Acts 1981, 67th Leg., p. 1035, ch. 388, Sec. 1, eff. Sept. 1,1981.Amended by:Acts 2009, 81st Leg., R.S., Ch.913, Sec. 16, eff. September 1, 2009.Sec. 13.120.SALE OR USE OF INCORRECT WEIGHING OR MEASURINGDEVICE.(a)The department may condemn and prohibit the sale ordistribution of any incorrect weighing or measuring device thatis sold, offered for sale, or about to be sold in this state.(b)A person commits an offense if the person or the person'sservant or agent:(1)offers or exposes for sale, hire, or award or sells anincorrect weighing or measuring device;(2)possesses an incorrect weighing or measuring device; or(3)sells, offers for sale, uses, or possesses for the purposeof sale or use a device or instrument to be used to falsify orintended to falsify a weight or measure.Acts 1981, 67th Leg., p. 1035, ch. 388, Sec. 1, eff. Sept. 1,1981.Amended by:Acts 2009, 81st Leg., R.S., Ch.913, Sec. 17, eff. September 1, 2009.Sec. 13.121.DISPOSING OF CONDEMNED WEIGHING OR MEASURINGDEVICE.A person commits an offense if the person or theperson's servant or agent disposes of a weighing or measuringdevice condemned under Section 13.111 or 13.120 in a mannercontrary to those sections.Acts 1981, 67th Leg., p. 1036, ch. 388, Sec. 1, eff. Sept. 1,1981.Amended by:Acts 2009, 81st Leg., R.S., Ch.913, Sec. 17, eff. September 1, 2009.Sec. 13.122.PENALTIES.An offense under Section 13.114 or eachof Sections 13.116 through 13.121 is a Class C misdemeanor.Acts 1981, 67th Leg., p. 1036, ch. 388, Sec. 1, eff. Sept. 1,1981. Amended by Acts 1989, 71st Leg., ch. 230, Sec. 26, eff.Sept. 1, 1989; Acts 2003, 78th Leg., ch. 369, Sec. 5, eff. Sept.1, 2003.SUBCHAPTER E. PUBLIC WEIGHERSec. 13.251.DEFINITION.In this subchapter, "public weigher"means a business certified under this subchapter to issue anofficial certificate declaring the accurate weight or measure ofa commodity that the business is requested to weigh.Acts 1981, 67th Leg., p. 1039, ch. 388, Sec. 1, eff. Sept. 1,1981. Amended by Acts 1981, 67th Leg., p. 2592, ch. 693, Sec. 14,eff. Sept. 1, 1981.Amended by:Acts 2009, 81st Leg., R.S., Ch.506, Sec. 5.01, eff. September 1, 2009.Sec. 13.255.CERTIFICATE.(a)A public weigher may notofficially weigh a commodity unless the weigher has obtained fromthe department a certificate of authority.(b)A public weigher must submit a fee, as provided bydepartment rule, with the application for a certificate ofauthority.Acts 1981, 67th Leg., p. 1040, ch. 388, Sec. 1, eff. Sept. 1,1981. Amended by Acts 1981, 67th Leg., p. 2592, ch. 693, Sec. 14,eff. Sept. 1, 1981; Acts 1985, 69th Leg., ch. 239, Sec. 59, eff.Sept. 1, 1985; Acts 1989, 71st Leg., ch. 230, Sec. 30, eff. Sept.1, 1989; Acts 1991, 72nd Leg., 1st C.S., ch. 5, Sec. 9.04, eff.Sept. 1, 1991; Acts 1995, 74th Leg., ch. 419, Sec. 2.08, eff.Sept. 1, 1995.Amended by:Acts 2009, 81st Leg., R.S., Ch.506, Sec. 5.02, eff. September 1, 2009.Sec. 13.2555.REVOCATION, MODIFICATION, OR SUSPENSION OFCERTIFICATE.(a)The department shall revoke, modify, orsuspend the certificate of authority of a public weigher, assessan administrative penalty, place on probation the public weigherwhose certificate has been suspended, or reprimand a publicweigher for a violation of this subchapter or a rule adopted bythe department under this subchapter.(b)If a certificate suspension is probated, the department mayrequire the public weigher to:(1)report regularly to the department on matters that are thebasis of the probation;(2)limit practice to the areas prescribed by the department; or(3)continue or renew professional education until the publicweigher attains a degree of skill satisfactory to the departmentin those areas that are the basis of the probation.(c)If the department proposes to revoke, modify, or suspend apublic weigher's certificate, the public weigher is entitled to ahearing conducted under Section 12.032.The decision of thedepartment is appealable in the same manner as provided forcontested cases under Chapter 2001, Government Code.Added by Acts 1989, 71st Leg., ch. 230, Sec. 31, eff. Sept. 1,1989. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49),eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 419, Sec. 3.03,eff. Sept. 1, 1995.Amended by:Acts 2009, 81st Leg., R.S., Ch.506, Sec. 5.03, eff. September 1, 2009.Sec. 13.256.BOND. Each public weigher shall execute a bond inaccordance with rules adopted by the department.The bond mustbe conditioned on the accurate weight or measure of a commoditybeing reflected on the certificate issued by the public weigher,on the protection of a commodity that the public weigher isrequested to weigh or measure, and on compliance with all lawsand rules governing public weighers. The bond is not void onfirst recovery.A person injured by the public weigher may sueon the bond.Acts 1981, 67th Leg., p. 1040, ch. 388, Sec. 1, eff. Sept. 1,1981. Amended by Acts 1981, 67th Leg., p. 2593, ch. 693, Sec. 14,eff. Sept. 1, 1981.Amended by:Acts 2009, 81st Leg., R.S., Ch.506, Sec. 5.04, eff. September 1, 2009.Sec. 13.257.RECORDING OF WEIGHTS AND MEASURES.(a)On eachcertificate of weight or measure of a commodity that a publicweigher issues, the public weigher shall include the:(1)time and date that the weight or measure of the commoditywas taken;(2)signature and license number of the public weigher; and(3)seal of the department.(b)A public weigher shall retain in a well-bound book a copy ofeach certificate. The department and members of the generalpublic may inspect the record on request.Acts 1981, 67th Leg., p. 1041, ch. 388, Sec. 1, eff. Sept. 1,1981. Amended by Acts 1981, 67th Leg., p. 2593, ch. 693, Sec. 14,eff. Sept. 1, 1981; Acts 1993, 73rd Leg., ch. 50, Sec. 3, eff.Sept. 1, 1993.Amended by:Acts 2009, 81st Leg., R.S., Ch.506, Sec. 5.05, eff. September 1, 2009.Acts 2009, 81st Leg., R.S., Ch.913, Sec. 19, eff. September 1, 2009.Sec. 13.258.DUTIES OF THE DEPARTMENT.The department shallsupervise public weighers and shall adopt rules necessary toenforce this subchapter. On application by an interested party,the department shall review the weight or measure of a commoditycertified by a public weigher and may require the commodity to bereweighed or remeasured.Acts 1981, 67th Leg., p. 1041, ch. 388, Sec. 1, eff. Sept. 1,1981. Amended by Acts 1981, 67th Leg., p. 2593, ch. 693, Sec. 14,eff. Sept. 1, 1981.Sec. 13.259.PENALTY FOR ISSUING A FALSE CERTIFICATE.(a)Apublic weigher who intentionally or knowingly issues acertificate of weight or measure of a commodity giving a falseweight or measure for the commodity commits an offense.(b)An offense under this section is a Class B misdemeanor.Acts 1981, 67th Leg., p. 1041, ch. 388, Sec. 1, eff. Sept. 1,1981. Amended by Acts 1981, 67th Leg., p. 2593, ch. 693, Sec. 14,eff. Sept. 1, 1981.Amended by:Acts 2009, 81st Leg., R.S., Ch.506, Sec. 5.06, eff. September 1, 2009.Acts 2009, 81st Leg., R.S., Ch.913, Sec. 20, eff. September 1, 2009.Sec. 13.260.PENALTY FOR ISSUING CERTIFICATE WITHOUT AUTHORITY.(a)A person who intentionally or knowingly issues an officialcertificate of weight or measure of a commodity without firstobtaining a certificate of authority under Section 13.255, whoissues an official certificate of weight or measure of acommodity after revocation of the person's certificate ofauthority, or who issues an official certificate of weight ormeasure of a commodity without executing a bond as required underSection 13.256 commits an offense.(b)An offense under this section is a Class C misdemeanor.Acts 1981, 67th Leg., p. 1041, ch. 388, Sec. 1, eff. Sept. 1,1981. Amended by Acts 1981, 67th Leg., p. 2593, ch. 693, Sec. 14,eff. Sept. 1, 1981.Amended by:Acts 2009, 81st Leg., R.S., Ch.913, Sec. 21, eff. September 1, 2009.Sec. 13.261.RULES.The department shall adopt rules governingthe bond requirements and fees imposed under this subchapter.Added by Acts 1985, 69th Leg., ch. 239, Sec. 60, eff. Sept. 1,1985.Amended by:Acts 2009, 81st Leg., R.S., Ch.506, Sec. 5.07, eff. September 1, 2009.SUBCHAPTER F. INSPECTION AND TESTING OF LIQUEFIED PETROLEUM GASMETERSSec. 13.301.DEFINITIONS.In this subchapter:(1)"Person" means any individual, partnership, firm,corporation, association, or any other business entity.(2)"Liquefied petroleum gas meter" means a device which is usedfor the measurement of liquefied petroleum gas in a liquid state,whether the device is installed in a permanent location ormounted on a vehicle.Added by Acts 1993, 73rd Leg., ch. 1016, Sec. 9, eff. Sept. 1,1993.Sec. 13.302.LICENSE REQUIREMENT.(a)A person may not inspector test liquefied petroleum gas meters unless the person holds alicense issued under this subchapter.(b)The department shall issue a license to a person who meetsthe requirements of this subchapter.(c)Each license holder under this subchapter shall conductinspecting or testing activities in compliance with the rules ofthe department.(d)A license holder shall maintain and submit to the departmenta report and record of all inspecting or testing activitiescompiled in accordance with the rules of the department.(e)A license shall not be required of a corporation,partnership, joint venture, or an employee of any such entitywhich owns or operates a natural gas treatment or extractionfacility.Added by Acts 1993, 73rd Leg., ch. 1016, Sec. 9, eff. Sept. 1,1993.Sec. 13.303.GENERAL REQUIREMENTS FOR LICENSE ISSUANCE ORRENEWAL.Before a license is issued or renewed by the departmentunder this subchapter:(1)the person applying for the license or renewal of thelicense shall provide the department proof of completion of adepartment-approved academic, trade, or professional course ofinstruction required by the department's rules;(2)the person shall file with the department an insurancepolicy or other proof of insurance evidencing that the applicanthas a completed operations liability insurance policy issued byan insurance company authorized to do business in this state orby a surplus lines insurer that meets the requirements of Chapter981, Insurance Code, and rules adopted by the commissioner ofinsurance in an amount set by the department and based on thetype of licensed activities to be provided; and(3)the department, to verify compliance with trade practices,rules of the department, and this chapter, may conduct aninspection of the applicant's:(A)facilities;(B)inspecting and testing equipment and procedures;(C)repair and calibration equipment and procedures; and(D)transportation equipment.Added by Acts 1993, 73rd Leg., ch. 1016, Sec. 9, eff. Sept. 1,1993. Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 10A.502,eff. Sept. 1, 2003.Sec. 13.304.LICENSE AND RENEWAL; FEES.(a)An application fora license shall be submitted to the department on a formprescribed by the department, accompanied by an annual licensefee in an amount established by department rule.(b)A license issued under this subchapter expires on theanniversary date of the person's test equipment calibration, assuch anniversary is defined by a department rule, and may berenewed by filing with the department a renewal application formprescribed by the department, accompanied by an annual licenserenewal fee in an amount established by department rule.(c)A person who fails to submit a license renewal fee on orbefore the expiration date of the license must pay, in additionto the license renewal fee, the late fee provided by Section12.024 of this code.Added by Acts 1993, 73rd Leg., ch. 1016, Sec. 9, eff. Sept. 1,1993. Amended by Acts 1995, 74th Leg., ch. 419, Sec. 2.09, eff.Sept. 1, 1995.Sec. 13.305.DUTIES OF THE DEPARTMENT.(a)The department byrule may adopt a system to periodically monitor and inspect ortest scales inspected and tested by the license holder.(b)The department by rule shall adopt guidelines to allow arepresentative of the license holder to perform functions of thelicense holder.(c)The department by rule may adopt additional requirements forthe issuance of a license and for the denial of an applicationfor a license or renewal of a license. The rules adopted by thedepartment shall be designed to protect the public health,safety, and welfare and the proper operation of liquefiedpetroleum gas meters.Added by Acts 1993, 73rd Leg., ch. 1016, Sec. 9, eff. Sept. 1,1993.Sec. 13.306.DENIAL, REVOCATION, MODIFICATION, OR SUSPENSION OFLICENSE.(a)The department may refuse to issue a license forinspecting or testing of liquefied gas meters if the applicantfails to comply with this subchapter.(b)The department shall revoke, modify, or suspend a license,assess an administrative penalty, place on probation a personwhose license has been suspended, or reprimand a licensee if thelicensee fails to comply with this subchapter or a rule adoptedby the department under this subchapter.(c)If a license suspension is probated, the department mayrequire the person to:(1)report regularly to the department on matters that are thebasis of the probation;(2)limit practice to the areas prescribed by the department; or(3)continue or renew professional education until the personattains a degree of skill satisfactory to the department in thoseareas that are the basis of the probation.(d)If the department proposed to deny a person's applicationfor a license for inspecting or testing of liquefied gas metersor to revoke, modify, or suspend a person's license, the personis entitled to a hearing conducted under Section 12.032. Thedecision of the department is appealable in the same manner asprovided for contested cases under Chapter 2001, Government Code.Added by Acts 1993, 73rd Leg., ch. 1016, Sec. 9, eff. Sept. 1,1993. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49),eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 419, Sec. 3.04,eff. Sept. 1, 1995.Sec. 13.307.CIVIL PENALTY; INJUNCTION.(a)A person whoviolates this subchapter or a rule adopted under this subchapteris liable to the state for a civil penalty of not less than $250nor more than $10,000 for each violation. Each day a violationcontinues may be considered a separate violation for purposes ofa civil penalty assessment.(b)On request of the department, the attorney general or thecounty attorney or district attorney of the county in which theviolation is alleged to have occurred shall file suit to collectthe penalty.(c)A civil penalty collected under this section shall bedeposited in the state treasury to the credit of the generalrevenue fund. All civil penalties recovered in suits firstinstituted by a local government or governments under thissection shall be equally divided between the State of Texas andthe local government or governments with 50 percent of therecovery to be paid to the general revenue fund and the other 50percent equally to the local government or governments firstinstituting the suit.(d)The department is entitled to appropriate injunctive reliefto prevent or abate a violation of this subchapter or a ruleadopted under this subchapter. On request of the department, theattorney general or the county or district attorney of the countyin which the alleged violation is threatened or is occurringshall file suit for the injunctive relief. Venue is in the countyin which the alleged violation is threatened or is occurring.Added by Acts 1993, 73rd Leg., ch. 1016, Sec. 9, eff. Sept. 1,1993.Sec. 13.308.CRIMINAL PENALTY.(a)An individual commits anoffense if the individual is required to be licensed under thissubchapter, is not licensed under this subchapter, and performsor offers to perform an inspection or test on a liquefiedpetroleum gas meter for compensation.(b)An offense under this section is a Class B misdemeanor.Added by Acts 1993, 73rd Leg., ch. 1016, Sec. 9, eff. Sept. 1,1993.SUBCHAPTER G. INSPECTION AND TESTING OF RANCH SCALESSec. 13.351.DEFINITIONS.In this subchapter:(1)"Person" means any individual, partnership, firm,corporation, association, or any other business entity.(2)"Ranch scale" means a livestock scale which is located on aprivate ranch and which has a capacity of 4,999 pounds orgreater.Added by Acts 1993, 73rd Leg., ch. 419, Sec. 1, eff. Sept. 1,1993.Sec. 13.352.LICENSE REQUIREMENT.(a)A person may not inspector test ranch scales unless the person holds a license issuedunder this subchapter.(b)The department shall issue a license to a person who meetsthe requirements of this subchapter.(c)Each license holder under this subchapter shall conductinspecting or testing activities in compliance with the rules ofthe department.(d)A license holder shall maintain and submit to the departmenta report and record of all inspecting or testing activitiescompiled in accordance with the rules of the department.Added by Acts 1993, 73rd Leg., ch. 419, Sec. 1, eff. Sept. 1,1993.Sec. 13.353.GENERAL REQUIREMENTS FOR LICENSE ISSUANCE ORRENEWAL.Before a license is issued or renewed by the departmentunder this subchapter:(1)the person applying for the license or renewal of thelicense shall provide the department proof of completion of adepartment-approved academic, trade, or professional course ofinstruction required by the department's rules;(2)the person shall file with the department an insurancepolicy or other proof of insurance evidencing that the applicanthas a completed operations liability insurance policy issued byan insurance company authorized to do business in this state orby a surplus lines insurer that meets the requirements of Chapter981, Insurance Code, and rules adopted by the commissioner ofinsurance in an amount set by the department and based on thetype of licensed activities to be provided; and(3)the department, to verify compliance with trade practices,rules of the department, and this chapter, may conduct aninspection of the applicant's:(A)facilities;(B)inspecting and testing equipment and procedures;(C)repair and calibration equipment and procedures; and(D)transportation equipment.Added by Acts 1993, 73rd Leg., ch. 419, Sec. 1, eff. Sept. 1,1993. Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 10A.503,eff. Sept. 1, 2003.Sec. 13.354.LICENSE AND RENEWAL; FEES.(a)An application fora license shall be submitted to the department on a formprescribed by the department, accompanied by an annual licensefee in an amount established by department rule.(b)A license issued under this subchapter expires on theanniversary date of the person's test equipment calibration, assuch anniversary is defined by department rule, and may berenewed by filing with the department a renewal application formprescribed by the department, accompanied by an annual licenserenewal fee in an amount established by department rule.(c)A person who fails to submit a license renewal fee on orbefore the expiration date of the license must pay, in additionto the license renewal fee, the late fee provided by Section12.024 of this code.Added by Acts 1993, 73rd Leg., ch. 419, Sec. 1, eff. Sept. 1,1993. Amended by Acts 1995, 74th Leg., ch. 419, Sec. 2.10, eff.Sept. 1, 1995.Sec. 13.355.DUTIES OF THE DEPARTMENT.(a)The department byrule may adopt a system to periodically monitor and inspect ortest scales inspected and tested by the license holder.(b)The department by rule shall adopt guidelines to allow arepresentative of the license holder to perform functions of thelicense holder.(c)The department by rule may adopt additional requirements forthe issuance of a license and for the denial of an applicationfor a license or renewal of a license. The rules adopted by thedepartment shall be designed to protect the public health,safety, and welfare and the proper operation of facilities havingranch scales.Added by Acts 1993, 73rd Leg., ch. 419, Sec. 1, eff. Sept. 1,1993.Sec. 13.356.DENIAL, REVOCATION, MODIFICATION, OR SUSPENSION OFLICENSE.(a)The department may refuse to issue a license forinspecting or testing of ranch scales if the applicant fails tocomply with this subchapter.(b)The department shall revoke, modify, or suspend a license,assess an administrative penalty, place on probation a personwhose license has been suspended, or reprimand a licensee if thelicensee fails to comply with this subchapter or a rule adoptedby the department under this subchapter.(c)If a license suspension is probated, the department mayrequire the person to:(1)report regularly to the department on matters that are thebasis of the probation;(2)limit practice to the areas prescribed by the department; or(3)continue or renew professional education until the personattains a degree of skill satisfactory to the department in thoseareas that are the basis of the probation.(d)If the department proposes to deny a person's applicationfor a license for inspecting or testing of ranch scales or torevoke, modify, or suspend a person's license, the person isentitled to a hearing conducted under Section 12.032. Thedecision of the department is appealable in the same manner asprovided for contested cases under Chapter 2001, Government Code.Added by Acts 1993, 73rd Leg., ch. 419, Sec. 1, eff. Sept. 1,1993. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49),eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 419, Sec. 3.05,eff. Sept. 1, 1995.Sec. 13.357.CIVIL PENALTY; INJUNCTION.(a)A person whoviolates this subchapter or a rule adopted under this subchapteris liable to the state for a civil penalty of not less than $250nor more than $10,000 for each violation. Each day a violationcontinues may be considered a separate violation for purposes ofa civil penalty assessment.(b)On request of the department, the attorney general or thecounty or district attorney of the county in which the violationis alleged to have occurred shall file suit to collect thepenalty.(c)A civil penalty collected under this section shall bedeposited in the state treasury to the credit of the generalrevenue fund. All civil penalties recovered in suits firstinstituted by a local government or governments under thissection shall be equally divided between the State of Texas andthe local government or governments, with 50 percent of therecovery to be paid into the general revenue fund and the other50 percent equally to the local government or governments firstinstituting the suit.(d)The department is entitled to appropriate injunctive reliefto prevent or abate a violation of this subchapter or a ruleadopted under this subchapter. On request of the department, theattorney general or the county or district attorney of the countyin which the alleged violation is threatened or is occurringshall file suit for the injunctive relief. Venue is in the countyin which the alleged violation is threatened or is occurring.Added by Acts 1993, 73rd Leg., ch. 419, Sec. 1, eff. Sept. 1,1993.Sec. 13.358.CRIMINAL PENALTY.(a)An individual commits anoffense if the individual is required to be licensed under thissubchapter, is not licensed under this subchapter, and performsor offers to perform an inspection or test on a ranch scale forcompensation.(b)An offense under this section is a Class B misdemeanor.Added by Acts 1993, 73rd Leg., ch. 419, Sec. 1, eff. Sept. 1,1993.SUBCHAPTER H. LICENSED INSPECTORS OF WEIGHING AND MEASUR
Loading...
  • Play
  • Pause
  • Volume:
  • Mute
  • Half
  • Max
  • AGRICULTURE CODE

    TITLE 2. DEPARTMENT OF AGRICULTURE

    CHAPTER 13. WEIGHTS AND MEASURES

    SUBCHAPTER A. GENERAL PROVISIONS

    Sec. 13.001. DEFINITIONS. (a) In this chapter:

    (1) "Weight or measure of a commodity" means the weight or

    measure of a commodity as determined by a weighing or measuring

    device.

    (2) "Sell" includes barter or exchange.

    (3) "Weighing or measuring device" means:

    (A) a scale; or

    (B) a mechanical or electronic device used to dispense or

    deliver a commodity by weight, volume, flow rate, or other

    measure.

    (b) A reference to the weight of a commodity in this chapter is

    a reference to the net weight of the commodity.

    Acts 1981, 67th Leg., p. 1022, ch. 388, Sec. 1, eff. Sept. 1,

    1981.

    Amended by:

    Acts 2005, 79th Leg., Ch.

    43, Sec. 1, eff. September 1, 2005.

    Acts 2009, 81st Leg., R.S., Ch.

    913, Sec. 1, eff. September 1, 2009.

    Sec. 13.002. ENFORCEMENT OF CHAPTER. (a) The department shall

    enforce the provisions of this chapter and shall supervise all

    weighing or measuring devices sold or offered for sale in this

    state. The department may purchase apparatus as necessary for

    the administration of this chapter.

    (b) The department shall, to the extent practical and cost

    effective, allow another state agency by interagency contract to

    execute the department's responsibilities under Subsection (a).

    The contract may cover the whole state or only a specified

    region.

    Acts 1981, 67th Leg., p. 1023, ch. 388, Sec. 1, eff. Sept. 1,

    1981. Amended by Acts 1995, 74th Leg., ch. 419, Sec. 4.01, eff.

    Sept. 1, 1995.

    Amended by:

    Acts 2009, 81st Leg., R.S., Ch.

    913, Sec. 2, eff. September 1, 2009.

    Sec. 13.007. CIVIL PENALTY; INJUNCTION. (a) A person who

    violates this chapter or a rule adopted under this chapter is

    liable to the state for a civil penalty not to exceed $500 for

    each violation. Each day a violation continues may be considered

    a separate violation for purposes of a civil penalty assessment.

    (b) On request of the department, the attorney general or the

    county attorney or district attorney of the county in which the

    violation is alleged to have occurred shall file suit to collect

    the penalty.

    (c) A civil penalty collected under this section shall be

    deposited in the state treasury to the credit of the General

    Revenue Fund. All civil penalties recovered in suits first

    instituted by a local government or governments under this

    section shall be equally divided between the State of Texas and

    the local government or governments with 50 percent of the

    recovery to be paid to the General Revenue Fund and the other 50

    percent equally to the local government or governments first

    instituting the suit.

    (d) The department is entitled to appropriate injunctive relief

    to prevent or abate a violation of this chapter or a rule adopted

    under this chapter. On request of the department, the attorney

    general or the county or district attorney of the county in which

    the alleged violation is threatened or is occurring shall file

    suit for the injunctive relief. Venue is in the county in which

    the alleged violation is threatened or is occurring.

    Added by Acts 1989, 71st Leg., ch. 230, Sec. 19, eff. Sept. 1,

    1989.

    SUBCHAPTER B. STANDARD WEIGHTS AND MEASURES

    Sec. 13.021. LEGAL STANDARDS. (a) The legal standard for the

    weight or measure of a commodity in this state is the standard

    weight or measure adopted and used by the government of the

    United States for that commodity. If the United States does not

    provide a standard weight or measure for a commodity, the

    standard for that commodity is that established by this

    subchapter.

    (b) The department may adopt rules for the purpose of

    administering this subchapter and bringing about uniformity

    between the standards established under this subchapter and the

    standards established by federal law. A person who violates a

    rule adopted under this subsection commits an offense.

    (c) Except as otherwise provided by an express contract, a

    contract for work or sales by weight or measure of a commodity

    shall be construed in accordance with the standards of this

    subchapter.

    (d) The standards of this subchapter shall be the guide for

    making any adjustment of weighing or measuring devices under the

    law of this state.

    Acts 1981, 67th Leg., p. 1023, ch. 388, Sec. 1, eff. Sept. 1,

    1981.

    Amended by:

    Acts 2009, 81st Leg., R.S., Ch.

    913, Sec. 3, eff. September 1, 2009.

    Sec. 13.022. STANDARD FOR LENGTH AND SURFACE. (a) The standard

    unit of length and surface is the yard. The yard is divided into

    three equal parts called feet. Each foot is divided into 12 parts

    called inches. All measures of extension, including lineal,

    superficial, and solid measures, shall be derived and ascertained

    from the yard.

    (b) For measure of a commodity commonly sold by the yard,

    including cloth, the yard may be divided into halves, quarters,

    eighths, and sixteenths.

    (c) The rod, pole, or perch contains 5-1/2 yards. The mile

    contains 1,760 yards. The Spanish vara contains 33-1/3 inches.

    (d) If land is measured by the English rule, the chain for

    measuring land shall be 22 yards long and divided into 100 equal

    parts called links.

    (e) For land measure, the acre is measured horizontally and

    contains 4,840 square yards, and a square mile contains 640

    acres.

    Acts 1981, 67th Leg., p. 1024, ch. 388, Sec. 1, eff. Sept. 1,

    1981.

    Sec. 13.023. STANDARD FOR WEIGHT. (a) The standard for weight

    is the standard of avoirdupois and troy weights. Other weights

    shall be derived and ascertained from that standard.

    (b) The avoirdupois pound bears to the troy pound the ratio of

    7,000 grains to 5,760 grains. The avoirdupois pound is divided

    into 16 equal parts called ounces.

    (c) The hundredweight consists of 100 avoirdupois pounds. The

    ton consists of 2,000 avoirdupois pounds.

    (d) The troy ounce is equal to one-twelfth of a troy pound.

    Acts 1981, 67th Leg., p. 1024, ch. 388, Sec. 1, eff. Sept. 1,

    1981.

    Sec. 13.024. STANDARD FOR LIQUID CAPACITY. (a) The standard

    unit of measure of capacity for liquids is the gallon.

    (b) The barrel consists of 31-1/2 gallons. A hogshead consists

    of two barrels. Except as provided by Subsection (c) of this

    section all other measures of capacity for liquids are derived

    from the gallon by continual division by two, making half

    gallons, quarts, pints, half pints, and gills.

    (c) A mechanism or machine that is adapted to measure and

    deliver liquid by volume and that indicates fractional parts of a

    gallon shall indicate the fractional parts either in terms of

    binary submultiple subdivisions or in terms of tenths of a

    gallon.

    Acts 1981, 67th Leg., p. 1024, ch. 388, Sec. 1, eff. Sept. 1,

    1981.

    Sec. 13.025. STANDARD FOR SOLID CAPACITY. (a) The standard

    unit of measure of capacity for a solid is the half bushel.

    (b) The peck, half-peck, quarter-peck, quart, and pint measures

    for solid commodities are derived from the half bushel by

    successively dividing that measure by two.

    (c) The bushel contains 2,150-42/100 cubic inches. The half

    bushel contains 1,075-20/100 cubic inches. The gallon contains

    231 cubic inches.

    (d) In measuring dry commodities, the measure may not be heaped

    but shall be stricken with a straight stick or roller.

    Acts 1981, 67th Leg., p. 1024, ch. 388, Sec. 1, eff. Sept. 1,

    1981.

    Sec. 13.026. CORD. (a) A cord is equal to 128 cubic feet or

    the contents of a space 8 feet long, 4 feet wide, and 4 feet

    high.

    (b) A cord of wood intended for use as fuel is the amount of

    wood contained in a space of 128 cubic feet when the wood is

    ranked and well-stowed and one-half the kerf of the wood is

    included.

    Acts 1981, 67th Leg., p. 1024, ch. 388, Sec. 1, eff. Sept. 1,

    1981.

    Sec. 13.027. STANDARD NET WEIGHT OR COUNT SET BY RULE. (a) The

    department by rule may establish a standard net weight or net

    count for any commodity and prescribe tolerances for those

    standards as the department considers necessary for the proper

    protection of the public.

    (b) A person commits an offense if the person fails or refuses

    to comply with the rules adopted under this section.

    Acts 1981, 67th Leg., p. 1025, ch. 388, Sec. 1, eff. Sept. 1,

    1981.

    Sec. 13.028. STANDARD WEIGHT PER BUSHEL FOR CERTAIN COMMODITIES.

    If the following commodities are sold by the bushel and no

    agreement is made by the parties as to the measurement or weight,

    the bushel shall consist of the listed number of pounds:

    barley

    48 pounds

    shelled corn

    56 pounds

    flax seed

    56 pounds

    oats

    32 pounds

    rye

    56 pounds

    wheat

    60 pounds

    cottonseed

    32 pounds

    Acts 1981, 67th Leg., p. 1025, ch. 388, Sec. 1, eff. Sept. 1,

    1981.

    Sec. 13.029. EXEMPTION OF WEIGHING OR MEASURING DEVICES. The

    department by rule may exempt a weighing or measuring device from

    a requirement established by this chapter if the department

    determines that imposing or enforcing the requirement:

    (1) is not cost-effective for the department;

    (2) is not feasible with current resources or standards; or

    (3) will not substantially benefit or protect consumers.

    Added by Acts 2009, 81st Leg., R.S., Ch.

    913, Sec. 4, eff. September 1, 2009.

    Sec. 13.030. SALE OF COMMODITIES BY NET WEIGHT. (a) If a

    commodity is sold on the basis of weight, the net weight of the

    commodity shall be employed in the sale. A contract concerning

    goods sold on the basis of weight shall be construed to employ

    net weight.

    (b) This section does not apply to bales of cotton.

    (c) A person commits an offense if, in the sale of a commodity

    by weight, the person employs a weight other than net weight.

    Acts 1981, 67th Leg., p. 1026, ch. 388, Sec. 1, eff. Sept. 1,

    1981.

    Sec. 13.031. SALE OF COMMODITIES BY PROPER MEASURE. (a) Except

    as otherwise provided by this section, a liquid commodity shall

    be sold by liquid measure. A commodity, including a good, ware,

    or merchandise item, that is not liquid shall be sold by length,

    weight, or numerical count if the commodity has been or is

    capable of being sold by one of those measures.

    (b) A liquid commodity may be sold by other than liquid measure

    if sold for immediate consumption on the premises where sold.

    (c) A liquid commodity may be sold by weight if there is a

    general consumer usage to express the quantity of the commodity

    by weight and the expression gives accurate information as to the

    weight of the commodity.

    (d) This section does not prevent the sale of:

    (1) fruits, vegetables, or other dry commodities in the standard

    barrel or by other method provided for by state or federal law;

    (2) berries and small fruits in boxes as provided for by other

    state law; or

    (3) vegetables or fruits by the head or bunch if the vegetable

    or fruit is usually sold in that manner.

    (e) This section does not apply to a commodity in an original

    package, which includes any wholesale or retail package, carton,

    case, can, barrel, bottle, box, phial, or other receptacle, or

    the coverings or wrappings of a commodity, that is put up by the

    manufacturer, that may be labeled, branded, stenciled, or

    otherwise marked, and that makes one complete package.

    (f) A person commits an offense if in violation of this section

    the person sells a liquid commodity by other than liquid measure

    or a commodity that is not liquid by a measure other than length,

    weight, or numerical count.

    Acts 1981, 67th Leg., p. 1026, ch. 388, Sec. 1, eff. Sept. 1,

    1981.

    Sec. 13.032. STANDARD FILL AND QUANTITY LABELING FOR COMMODITIES

    IN PACKAGE FORM. (a) For the purpose of preventing the sale of

    commodities in package form with containers that mislead the

    purchaser as to quantity, the department by rule may establish a

    standard fill for commodities in package form. The rules must be

    reasonable with respect to the physical characteristics of the

    container, the prevailing method of handling and transporting the

    package, and generally accepted good commercial practice in

    filling methods. The rules shall provide for reasonable

    variations and tolerances.

    (b) Except as otherwise provided by this section, a commodity in

    package form shall be plainly and conspicuously marked on the

    outside of the package with:

    (1) the net quantity of the contents in terms of weight,

    measure, numerical count, or a combination thereof, which is

    generally used by consumers and users to express the quantity of

    such commodity; and

    (2) the name and place of business of the manufacturer, packer,

    or distributor.

    (c) The department by rule shall provide exemptions from the

    requirements of Subsection (b)(1) of this section for small

    packages and from the requirements of Subsection (b)(2) of this

    section for packages sold on the premises where packed.

    (d) The department by rule shall prescribe reasonable variations

    or tolerances for the statement of net quantity required under

    Subsection (b)(1) of this section.

    (e) A box or carton used for shipping purposes containing a

    number of packages that are individually marked in accordance

    with Subsection (b) of this section is not required to be marked

    in accordance with that subsection.

    (f) A commodity is in package form if for wholesale or retail

    it:

    (1) is in a package, carton, case, can, box, bag, barrel,

    bottle, or phial, on a spool or similar holder, in a container or

    band, in a roll, ball, coil, skein, or other receptacle, or in

    coverings or wrappings of any kind;

    (2) is put up by the manufacturer or, if put up prior to

    ordering, by the vendor;

    (3) is suitable for labeling, branding, stenciling, or marking

    in another manner; and

    (4) makes one complete package.

    (g) This section does not apply to bales of cotton, commodities

    in package form of which the manner of sale is regulated by other

    law, or to stationery in tablet form.

    (h) A person commits an offense if the person sells, keeps for

    sale, or offers or exposes for sale a commodity in package form

    that is:

    (1) not labeled in accordance with this section;

    (2) in a container that is made, formed, filled, or wrapped so

    as to mislead the purchaser as to the quantity of the contents;

    or

    (3) in a container the contents of which fall below the standard

    fill prescribed by rule under Subsection (a) of this section.

    Acts 1981, 67th Leg., p. 1026, ch. 388, Sec. 1, eff. Sept. 1,

    1981. Amended by Acts 1985, 69th Leg., ch. 276, Sec. 1, eff. Aug.

    26, 1985.

    Sec. 13.033. SALE OF MILK OR CREAM IN NONSTANDARD CONTAINER. A

    person commits an offense if the person sells or keeps, offers,

    or exposes for sale milk or cream in bottles or other containers

    of a capacity other than one of the standard liquid measures

    provided for by Section 13.024 of this code.

    Acts 1981, 67th Leg., p. 1027, ch. 388, Sec. 1, eff. Sept. 1,

    1981.

    Sec. 13.034. SALE OF CHEESE, MEAT, OR MEAT FOOD PRODUCT BY

    NONSTANDARD WEIGHT. (a) Except as otherwise provided by this

    section or Section 13.032 of this code, cheese, meat, and meat

    food products shall be sold by standard net weight.

    (b) Cheese, meat, or a meat food product may be sold by other

    than standard net weight if sold for immediate consumption on the

    premises where sold.

    (c) Poultry may be sold by live weight if weighed at the time of

    sale. Poultry dressed or killed prior to the time of sale,

    whether cooked or uncooked, shall be sold by net weight at the

    time of sale. Fresh-cooked poultry may be sold by the piece or by

    the head.

    (d) A person commits an offense if, in violation of this

    section, the person sells or keeps, offers, or exposes for sale

    cheese, meat, or a meat food product by a measure other than

    standard net weight.

    (e) In this section:

    (1) "Meat or meat food product" includes fresh, cured, or salt

    meats; poultry; fish; sausage; chili; headcheese; souse meat;

    loaf meat; boneless meat; shredded meat; hamburger; and any other

    manufactured, prepared, or processed meat or meat food product.

    (2) "Poultry" includes turkeys, chickens, ducks, geese, guineas,

    squabs, and all other domesticated fowl.

    Acts 1981, 67th Leg., p. 1027, ch. 388, Sec. 1, eff. Sept. 1,

    1981.

    Sec. 13.035. PRICE ADVERTISEMENT; MISREPRESENTATION OF PRICE OR

    QUANTITY. (a) If a price sign, card, tag, poster, or other

    advertisement displaying the price of a commodity or other item

    includes a whole number and a fraction, the figures in the

    fraction shall be of proportionate size and legibility to those

    of the whole number.

    (b) A person commits an offense if the person:

    (1) misrepresents the price of a commodity, item, or service

    sold or offered or exposed for sale; or

    (2) represents the price or the quantity of a commodity, item,

    or service sold or offered or exposed for sale in a manner

    intended or tending to mislead or deceive an actual or

    prospective customer.

    Acts 1981, 67th Leg., p. 1028, ch. 388, Sec. 1, eff. Sept. 1,

    1981.

    Sec. 13.036. FALSE REPRESENTATION OF COMMODITY QUANTITY. A

    person commits an offense if the person or the person's servant

    or agent:

    (1) sells or offers or exposes for sale a quantity of a

    commodity or service that is less than the quantity the person

    represents; or

    (2) as a buyer furnishing the weight or measure of a commodity

    or service by which the amount of the commodity or service is

    determined, takes or attempts to take more than the quantity the

    person represents.

    Acts 1981, 67th Leg., p. 1028, ch. 388, Sec. 1, eff. Sept. 1,

    1981.

    Amended by:

    Acts 2009, 81st Leg., R.S., Ch.

    913, Sec. 5, eff. September 1, 2009.

    Sec. 13.037. USE OF INCORRECT WEIGHING OR MEASURING DEVICE. (a)

    A person commits an offense if the person or the person's

    servant or agent uses an incorrect weighing or measuring device

    in:

    (1) buying or selling a commodity;

    (2) computing a charge for services rendered on the basis of

    weight or measure; or

    (3) determining the weight or measure of a commodity, if a

    charge is made for the determination.

    (b) For the purpose of this section, a weighing or measuring

    device is incorrect if it:

    (1) does not conform as closely as practicable to the official

    standards;

    (2) is not accurate;

    (3) is of a construction that is not reasonably permanent in

    adjustment or does not correctly repeat its indications;

    (4) facilitates the perpetration of fraud; or

    (5) does not conform to the specifications and tolerances

    established by the department under Section 13.114.

    Acts 1981, 67th Leg., p. 1028, ch. 388, Sec. 1, eff. Sept. 1,

    1981.

    Amended by:

    Acts 2009, 81st Leg., R.S., Ch.

    913, Sec. 5, eff. September 1, 2009.

    Sec. 13.038. SALE OF COMMODITY IN VIOLATION OF SUBCHAPTER. A

    person commits an offense if the person or the person's servant

    or agent sells or keeps, offers, or exposes for sale a commodity

    in violation of this subchapter.

    Acts 1981, 67th Leg., p. 1029, ch. 388, Sec. 1, eff. Sept. 1,

    1981.

    Sec. 13.039. TESTING OF PACKAGE BY DEPARTMENT. (a) The

    department shall from time to time weigh or measure a package or

    an amount of any commodity that is kept or offered for sale,

    sold, or in the process of delivery, in order to determine:

    (1) if the commodity is of the amount or quantity represented;

    or

    (2) if the commodity is being offered for sale or sold in

    accordance with law.

    (b) If the department finds that a package or any lot of a

    commodity contains less of the commodity than the amount

    represented, the department may seize the package or the

    commodity as evidence.

    (c) A person commits an offense if the person or the person's

    employee or agent refuses to exhibit a commodity being sold or

    offered for sale at a given weight or quantity, or ordinarily

    sold in that manner, to the department for testing and proving as

    to quantity.

    Acts 1981, 67th Leg., p. 1029, ch. 388, Sec. 1, eff. Sept. 1,

    1981.

    Amended by:

    Acts 2009, 81st Leg., R.S., Ch.

    913, Sec. 5, eff. September 1, 2009.

    Sec. 13.040. STOP-SALE ORDER. (a) If the department has reason

    to believe that a commodity is being sold or kept, offered, or

    exposed for sale in violation of Section 13.030, 13.031, 13.032,

    13.033, 13.034, 13.035, 13.036, or 13.037 of this code, the

    department may issue and enforce a written or printed order to

    stop the sale of the commodity. The department shall present the

    order to the owner or custodian of the commodity. The person

    receiving the order may not sell the commodity until discharged

    by a court under Subsection (b) of this section or until the

    commissioner finds that the commodity is in compliance with the

    applicable section.

    (b) The owner or custodian of a commodity prohibited from sale

    by an order of the department is entitled to sue in a court of

    competent jurisdiction where the commodity is found for a

    judgment as to the justification of the order and for the

    discharge of the commodity in accordance with the findings of the

    court.

    (c) This section does not limit the right of the department to

    proceed as authorized by other sections of this subchapter.

    Acts 1981, 67th Leg., p. 1029, ch. 388, Sec. 1, eff. Sept. 1,

    1981.

    Sec. 13.041. PENALTIES; DEFENSE. (a) An offense under Section

    13.021, 13.027, 13.029, or each of Sections 13.030 through 13.039

    of this code is a Class C misdemeanor.

    (b) It is a defense to prosecution under Sections 13.030-13.038

    of this code that a discrepancy between the actual weight or

    volume at the time of sale to a consumer and the weight marked on

    the container or a discrepancy between the fill of a container

    and the capacity of the container is due to unavoidable leakage,

    shrinkage, evaporation, waste, or causes beyond the control of

    the seller acting in good faith.

    Acts 1981, 67th Leg., p. 1029, ch. 388, Sec. 1, eff. Sept. 1,

    1981. Amended by Acts 1989, 71st Leg., ch. 230, Sec. 20, eff.

    Sept. 1, 1989.

    SUBCHAPTER C. INSPECTION AND REGISTRATION OF WEIGHING OR

    MEASURING DEVICES

    Sec. 13.101. REQUIRED INSPECTION. (a) At least once every four

    years, or more often as required by the department, a weighing or

    measuring device shall be inspected and tested for correctness by

    the department if it:

    (1) is kept for sale, sold, or used by a proprietor, agent,

    lessee, or employee in proving the weight or measure, including

    the size, quantity, extent, or area, of any item; or

    (2) is purchased, offered, or submitted by a proprietor, agent,

    lessee, or employee for sale, hire, or award.

    (b) The department shall, to the extent necessary to ensure

    compliance with the official standards, require additional

    inspection and testing of weighing or measuring devices.

    (c) A person who uses or keeps for use, or has or offers for

    sale, a weighing or measuring device is responsible for having

    the device inspected and tested as required by this section.

    (d) Unless the department requires an additional inspection, a

    weighing or measuring device that is inspected and found correct

    by the department may be kept for use, used, kept or offered for

    sale, or sold without further testing.

    (e) The department may inspect and test a weighing or measuring

    device less frequently than required by Subsection (a):

    (1) to accommodate complaint-based and risk-based inspection

    schedules; or

    (2) in response to an emergency or a limitation in department

    funding.

    Acts 1981, 67th Leg., p. 1030, ch. 388, Sec. 1, eff. Sept. 1,

    1981. Amended by Acts 1989, 71st Leg., ch. 230, Sec. 21, eff.

    Sept. 1, 1989; Acts 2003, 78th Leg., ch. 122, Sec. 1, eff. Sept.

    1, 2003; Acts 2003, 78th Leg., ch. 200, Sec. 4(b), eff. Sept. 1,

    2003.

    Amended by:

    Acts 2009, 81st Leg., R.S., Ch.

    913, Sec. 7, eff. September 1, 2009.

    Sec. 13.1011. REQUIRED REGISTRATION. (a) A person who operates

    a weighing or measuring device for a commercial transaction shall

    register annually with the department.

    (b) The department shall establish a system of annual

    registration and may provide for staggered year-round

    registration.

    (c) If a person fails to register as required by this section

    and pay the fee required under Section 13.1151, the department

    may assess a late fee against the person, prohibit the operation

    of the weighing or measuring device, or both assess the fee and

    prohibit the operation of the device.

    (d) The department shall adopt rules for the administration of

    this section and Section 13.1151 of this code.

    (e) Repealed by Acts 2005, 79th Leg., Ch. 43, Sec. 4, eff.

    September 1, 2005.

    Added by Acts 1985, 69th Leg., ch. 239, Sec. 57(a), eff. Sept. 1,

    1985.

    Amended by:

    Acts 2005, 79th Leg., Ch.

    43, Sec. 4, eff. September 1, 2005.

    Acts 2009, 81st Leg., R.S., Ch.

    913, Sec. 8, eff. September 1, 2009.

    Sec. 13.1012. SERVICE PERSON REGISTRATION REQUIREMENT. (a) A

    person may not place into service or remove any out-of-order tag

    from any weighing or measuring devices unless the person holds a

    registration issued under this section or is licensed under

    Subchapter F, G, or H.

    (b) The department shall register a person who meets the

    requirements of the department adopted under this section, which

    may include:

    (1) proof of completion of a department-approved academic,

    trade, or professional course of instruction; and

    (2) a written examination.

    (c) Each registrant under this section shall conduct

    installation or service activities in compliance with the rules

    of the department.

    (d) A registrant shall maintain and submit to the department a

    report and record of all installation or service activities

    compiled in accordance with the rules of the department.

    (e) The department may conduct an inspection of an applicant's

    or registrant's:

    (1) facilities;

    (2) inspecting and testing equipment and procedures;

    (3) repair and calibration equipment, records, and procedures;

    and

    (4) transportation equipment.

    (f) An application for a registration or renewal shall be

    submitted to the department on a form prescribed by the

    department, accompanied by a registration, renewal, or late fee,

    in an amount established by department rule.

    (g) A registration issued under this section shall be for a

    period determined by department rule.

    (h) The department may refuse to register an applicant for

    service of weighing and measuring devices if the applicant fails

    to comply with this section.

    (i) The department shall revoke, modify, or suspend a

    registration, assess an administrative penalty, place on

    probation a person whose registration has been suspended, or

    reprimand a registrant if the registrant fails to comply with

    this section or a rule adopted by the department under this

    section.

    Added by Acts 1995, 74th Leg., ch. 419, Sec. 4.05, eff. Sept. 1,

    1995.

    Amended by:

    Acts 2009, 81st Leg., R.S., Ch.

    913, Sec. 9, eff. September 1, 2009.

    Sec. 13.111. REPAIR OR DESTRUCTION OF INCORRECT WEIGHING OR

    MEASURING DEVICES. (a) If, in the judgment of the department, a

    weighing or measuring device found to be incorrect is not capable

    of being repaired, the department may condemn, seize, and destroy

    the device.

    (b) If, in the judgment of the department, an incorrect weighing

    or measuring device is capable of being repaired, the department

    shall place on the device a tag or other mark with the words "Out

    of Order." The owner or user of the weighing or measuring device

    may have it repaired within 30 days, but may not use or dispose

    of it until it is reinspected and released for use by the

    department or inspected and released for use in any other manner

    authorized by department rule.

    (c) Repealed by Acts 2009, 81st Leg., R.S., Ch. 913, Sec. 28(7),

    eff. September 1, 2009.

    (d) Repealed by Acts 2009, 81st Leg., R.S., Ch. 913, Sec. 28(7),

    eff. September 1, 2009.

    Acts 1981, 67th Leg., p. 1032, ch. 388, Sec. 1, eff. Sept. 1,

    1981. Amended by Acts 1995, 74th Leg., ch. 419, Sec. 4.03, eff.

    Sept. 1, 1995.

    Amended by:

    Acts 2009, 81st Leg., R.S., Ch.

    913, Sec. 10, eff. September 1, 2009.

    Acts 2009, 81st Leg., R.S., Ch.

    913, Sec. 11, eff. September 1, 2009.

    Acts 2009, 81st Leg., R.S., Ch.

    913, Sec. 28(7), eff. September 1, 2009.

    Sec. 13.112. TESTS FOR STATE INSTITUTIONS. As requested by the

    comptroller or the governing body of a state institution, the

    department shall test each weighing or measuring device used by a

    state institution for any purpose, including a weighing or

    measuring device used in checking the receipt and distribution of

    supplies. The department shall report results of the test to the

    chairman of the governing body of the institution.

    Acts 1981, 67th Leg., p. 1033, ch. 388, Sec. 1, eff. Sept. 1,

    1981. Amended by Acts 1989, 71st Leg., ch. 230, Sec. 23, eff.

    Sept. 1, 1989.

    Amended by:

    Acts 2007, 80th Leg., R.S., Ch.

    937, Sec. 1.80, eff. September 1, 2007.

    Acts 2009, 81st Leg., R.S., Ch.

    913, Sec. 12, eff. September 1, 2009.

    Sec. 13.113. STANDARDS USED IN INSPECTION. (a) The standards

    of weights and measures received from the United States and

    certified by the National Institute of Standards and Technology

    are the state's standards by which all state and local standards

    of weights and measures are tried, authenticated, proved, and

    certified.

    (b) The department shall maintain the official standards in a

    safe and suitable place in the offices of the department. The

    standards may not be moved except for repairs or certification.

    The department shall maintain the standards in good order and

    shall submit them to the National Institute of Standards and

    Technology for certification at least once each 10 years.

    (c) In addition to the standards kept by the state, the

    department shall maintain a complete set of copies of the

    original standards for use in adjusting local standards or in the

    performance of other official duties. The department may

    purchase additional sets of standards as necessary for use by a

    department inspector or other department personnel.

    (d) At the request of a city, the department shall furnish the

    city with copies of the state's standards or test and approve

    other standards acquired by the city. The city shall reimburse

    the state for the actual cost of the standards furnished, plus

    the costs of freight and certification. All standards furnished

    to or tested for a city shall be true and correct, certified by

    the department, and stamped with the letter "C". The copies used

    by a city may be of any suitable material or construction that

    the city requests, subject to approval by the department.

    (e) The department shall inspect and correct the standards used

    by a department inspector, other department employee, or

    individual or business licensed by the department to perform

    private maintenance, repairs, or calibration of weighing or

    measuring devices at least once every year. The department shall

    keep a record of the inspection and character of weights and

    measures inspected under this subsection.

    Acts 1981, 67th Leg., p. 1033, ch. 388, Sec. 1, eff. Sept. 1,

    1981. Amended by Acts 1989, 71st Leg., ch. 230, Sec. 24, eff.

    Sept. 1, 1989.

    Amended by:

    Acts 2009, 81st Leg., R.S., Ch.

    913, Sec. 13, eff. September 1, 2009.

    Sec. 13.114. TOLERANCES. (a) The department shall establish

    tolerances and specifications for commercial weighing or

    measuring devices used in this state. The tolerances and

    specifications shall be similar to those recommended by the

    National Institute of Standards and Technology.

    (b) A person commits an offense if the person fails or refuses

    to comply with the tolerances and specifications established

    under this section.

    Acts 1981, 67th Leg., p. 1033, ch. 388, Sec. 1, eff. Sept. 1,

    1981. Amended by Acts 1989, 71st Leg., ch. 230, Sec. 25, eff.

    Sept. 1, 1989.

    Amended by:

    Acts 2009, 81st Leg., R.S., Ch.

    913, Sec. 14, eff. September 1, 2009.

    Sec. 13.115. FEES FOR DEPARTMENT INSPECTION. (a) The

    department shall collect a fee in accordance with this section

    for each test of a weighing or measuring device required by this

    subchapter or performed on request of the owner.

    (b) Repealed by Acts 1995, 74th Leg., ch. 419, Sec. 10.09(5),

    eff. Sept. 1, 1995.

    (c) The department shall charge a fee, as provided by department

    rule, for tolerance testing of a weight by the department's

    metrology laboratory.

    (d) The department shall charge a fee, as provided by department

    rule, for tolerance testing of a measure by the department's

    metrology laboratory.

    (e) The department shall charge a fee, as provided by department

    rule, for precision testing performed by the department's

    metrology laboratory.

    (f) The department shall charge a fee, as provided by department

    rule, for precision testing of tapes, rules, glassware, and other

    weighing or measuring devices performed by the department's

    metrology laboratory.

    (g) The department may collect the fees prescribed by this

    section only once annually unless requested to perform additional

    tests by the owner of the weight or measure.

    (h) This section does not prevent a city from operating an

    agency for the testing of weights and measures.

    Acts 1981, 67th Leg., p. 1034, ch. 388, Sec. 1, eff. Sept. 1,

    1981. Amended by Acts 1983, 68th Leg., p. 4282, ch. 682, Sec. 1,

    eff. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 239, Sec. 57(c),

    (d), eff. Sept. 1, 1985; Acts 1991, 72nd Leg., 1st C.S., ch. 5,

    Sec. 9.02, eff. Sept. 1, 1991; Acts 1995, 74th Leg., ch. 419,

    Sec. 2.06, 10.09(5), eff. Sept. 1, 1995.

    Amended by:

    Acts 2009, 81st Leg., R.S., Ch.

    913, Sec. 15, eff. September 1, 2009.

    Sec. 13.1151. FEES FOR REGISTRATION AND INSPECTION. The

    department may charge the owner or operator of a weighing or

    measuring device a fee, as provided by department rule, to

    recover the costs of registration and inspection of a weighing or

    measuring device required to be registered or inspected under

    this chapter.

    Added by Acts 1985, 69th Leg., ch. 239, Sec. 57(a), eff. Sept. 1,

    1985. Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 5, Sec.

    9.03, eff. Sept. 1, 1991; Acts 1995, 74th Leg., ch. 419, Sec.

    2.07, eff. Sept. 1, 1995.

    Amended by:

    Acts 2005, 79th Leg., Ch.

    43, Sec. 2, eff. September 1, 2005.

    Acts 2005, 79th Leg., Ch.

    43, Sec. 3, eff. September 1, 2005.

    Acts 2005, 79th Leg., Ch.

    43, Sec. 4, eff. September 1, 2005.

    Acts 2009, 81st Leg., R.S., Ch.

    913, Sec. 16, eff. September 1, 2009.

    Sec. 13.117. REFUSING TO ALLOW TEST OF WEIGHING OR MEASURING

    DEVICE. A person commits an offense if the person neglects or

    refuses to allow a weighing or measuring device under the

    person's control or in the person's possession to be inspected,

    tested, or examined by the department, and the inspection, test,

    or examination is required by this chapter.

    Acts 1981, 67th Leg., p. 1035, ch. 388, Sec. 1, eff. Sept. 1,

    1981.

    Amended by:

    Acts 2009, 81st Leg., R.S., Ch.

    913, Sec. 16, eff. September 1, 2009.

    Sec. 13.118. HINDERING DEPARTMENT PERSONNEL. A person commits

    an offense if the person hinders or obstructs in any way the

    department, a department inspector or other department personnel

    in the performance of official duties.

    Acts 1981, 67th Leg., p. 1035, ch. 388, Sec. 1, eff. Sept. 1,

    1981.

    Amended by:

    Acts 2009, 81st Leg., R.S., Ch.

    913, Sec. 16, eff. September 1, 2009.

    Sec. 13.119. REMOVAL OF REGISTRATION TAG. A person commits an

    offense if the person removes or obliterates a tag or device

    placed on a weighing or measuring device under this chapter.

    Acts 1981, 67th Leg., p. 1035, ch. 388, Sec. 1, eff. Sept. 1,

    1981.

    Amended by:

    Acts 2009, 81st Leg., R.S., Ch.

    913, Sec. 16, eff. September 1, 2009.

    Sec. 13.120. SALE OR USE OF INCORRECT WEIGHING OR MEASURING

    DEVICE. (a) The department may condemn and prohibit the sale or

    distribution of any incorrect weighing or measuring device that

    is sold, offered for sale, or about to be sold in this state.

    (b) A person commits an offense if the person or the person's

    servant or agent:

    (1) offers or exposes for sale, hire, or award or sells an

    incorrect weighing or measuring device;

    (2) possesses an incorrect weighing or measuring device; or

    (3) sells, offers for sale, uses, or possesses for the purpose

    of sale or use a device or instrument to be used to falsify or

    intended to falsify a weight or measure.

    Acts 1981, 67th Leg., p. 1035, ch. 388, Sec. 1, eff. Sept. 1,

    1981.

    Amended by:

    Acts 2009, 81st Leg., R.S., Ch.

    913, Sec. 17, eff. September 1, 2009.

    Sec. 13.121. DISPOSING OF CONDEMNED WEIGHING OR MEASURING

    DEVICE. A person commits an offense if the person or the

    person's servant or agent disposes of a weighing or measuring

    device condemned under Section 13.111 or 13.120 in a manner

    contrary to those sections.

    Acts 1981, 67th Leg., p. 1036, ch. 388, Sec. 1, eff. Sept. 1,

    1981.

    Amended by:

    Acts 2009, 81st Leg., R.S., Ch.

    913, Sec. 17, eff. September 1, 2009.

    Sec. 13.122. PENALTIES. An offense under Section 13.114 or each

    of Sections 13.116 through 13.121 is a Class C misdemeanor.

    Acts 1981, 67th Leg., p. 1036, ch. 388, Sec. 1, eff. Sept. 1,

    1981. Amended by Acts 1989, 71st Leg., ch. 230, Sec. 26, eff.

    Sept. 1, 1989; Acts 2003, 78th Leg., ch. 369, Sec. 5, eff. Sept.

    1, 2003.

    SUBCHAPTER E. PUBLIC WEIGHER

    Sec. 13.251. DEFINITION. In this subchapter, "public weigher"

    means a business certified under this subchapter to issue an

    official certificate declaring the accurate weight or measure of

    a commodity that the business is requested to weigh.

    Acts 1981, 67th Leg., p. 1039, ch. 388, Sec. 1, eff. Sept. 1,

    1981. Amended by Acts 1981, 67th Leg., p. 2592, ch. 693, Sec. 14,

    eff. Sept. 1, 1981.

    Amended by:

    Acts 2009, 81st Leg., R.S., Ch.

    506, Sec. 5.01, eff. September 1, 2009.

    Sec. 13.255. CERTIFICATE. (a) A public weigher may not

    officially weigh a commodity unless the weigher has obtained from

    the department a certificate of authority.

    (b) A public weigher must submit a fee, as provided by

    department rule, with the application for a certificate of

    authority.

    Acts 1981, 67th Leg., p. 1040, ch. 388, Sec. 1, eff. Sept. 1,

    1981. Amended by Acts 1981, 67th Leg., p. 2592, ch. 693, Sec. 14,

    eff. Sept. 1, 1981; Acts 1985, 69th Leg., ch. 239, Sec. 59, eff.

    Sept. 1, 1985; Acts 1989, 71st Leg., ch. 230, Sec. 30, eff. Sept.

    1, 1989; Acts 1991, 72nd Leg., 1st C.S., ch. 5, Sec. 9.04, eff.

    Sept. 1, 1991; Acts 1995, 74th Leg., ch. 419, Sec. 2.08, eff.

    Sept. 1, 1995.

    Amended by:

    Acts 2009, 81st Leg., R.S., Ch.

    506, Sec. 5.02, eff. September 1, 2009.

    Sec. 13.2555. REVOCATION, MODIFICATION, OR SUSPENSION OF

    CERTIFICATE. (a) The department shall revoke, modify, or

    suspend the certificate of authority of a public weigher, assess

    an administrative penalty, place on probation the public weigher

    whose certificate has been suspended, or reprimand a public

    weigher for a violation of this subchapter or a rule adopted by

    the department under this subchapter.

    (b) If a certificate suspension is probated, the department may

    require the public weigher to:

    (1) report regularly to the department on matters that are the

    basis of the probation;

    (2) limit practice to the areas prescribed by the department; or

    (3) continue or renew professional education until the public

    weigher attains a degree of skill satisfactory to the department

    in those areas that are the basis of the probation.

    (c) If the department proposes to revoke, modify, or suspend a

    public weigher's certificate, the public weigher is entitled to a

    hearing conducted under Section 12.032. The decision of the

    department is appealable in the same manner as provided for

    contested cases under Chapter 2001, Government Code.

    Added by Acts 1989, 71st Leg., ch. 230, Sec. 31, eff. Sept. 1,

    1989. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49),

    eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 419, Sec. 3.03,

    eff. Sept. 1, 1995.

    Amended by:

    Acts 2009, 81st Leg., R.S., Ch.

    506, Sec. 5.03, eff. September 1, 2009.

    Sec. 13.256. BOND. Each public weigher shall execute a bond in

    accordance with rules adopted by the department. The bond must

    be conditioned on the accurate weight or measure of a commodity

    being reflected on the certificate issued by the public weigher,

    on the protection of a commodity that the public weigher is

    requested to weigh or measure, and on compliance with all laws

    and rules governing public weighers. The bond is not void on

    first recovery. A person injured by the public weigher may sue

    on the bond.

    Acts 1981, 67th Leg., p. 1040, ch. 388, Sec. 1, eff. Sept. 1,

    1981. Amended by Acts 1981, 67th Leg., p. 2593, ch. 693, Sec. 14,

    eff. Sept. 1, 1981.

    Amended by:

    Acts 2009, 81st Leg., R.S., Ch.

    506, Sec. 5.04, eff. September 1, 2009.

    Sec. 13.257. RECORDING OF WEIGHTS AND MEASURES. (a) On each

    certificate of weight or measure of a commodity that a public

    weigher issues, the public weigher shall include the:

    (1) time and date that the weight or measure of the commodity

    was taken;

    (2) signature and license number of the public weigher; and

    (3) seal of the department.

    (b) A public weigher shall retain in a well-bound book a copy of

    each certificate. The department and members of the general

    public may inspect the record on request.

    Acts 1981, 67th Leg., p. 1041, ch. 388, Sec. 1, eff. Sept. 1,

    1981. Amended by Acts 1981, 67th Leg., p. 2593, ch. 693, Sec. 14,

    eff. Sept. 1, 1981; Acts 1993, 73rd Leg., ch. 50, Sec. 3, eff.

    Sept. 1, 1993.

    Amended by:

    Acts 2009, 81st Leg., R.S., Ch.

    506, Sec. 5.05, eff. September 1, 2009.

    Acts 2009, 81st Leg., R.S., Ch.

    913, Sec. 19, eff. September 1, 2009.

    Sec. 13.258. DUTIES OF THE DEPARTMENT. The department shall

    supervise public weighers and shall adopt rules necessary to

    enforce this subchapter. On application by an interested party,

    the department shall review the weight or measure of a commodity

    certified by a public weigher and may require the commodity to be

    reweighed or remeasured.

    Acts 1981, 67th Leg., p. 1041, ch. 388, Sec. 1, eff. Sept. 1,

    1981. Amended by Acts 1981, 67th Leg., p. 2593, ch. 693, Sec. 14,

    eff. Sept. 1, 1981.

    Sec. 13.259. PENALTY FOR ISSUING A FALSE CERTIFICATE. (a) A

    public weigher who intentionally or knowingly issues a

    certificate of weight or measure of a commodity giving a false

    weight or measure for the commodity commits an offense.

    (b) An offense under this section is a Class B misdemeanor.

    Acts 1981, 67th Leg., p. 1041, ch. 388, Sec. 1, eff. Sept. 1,

    1981. Amended by Acts 1981, 67th Leg., p. 2593, ch. 693, Sec. 14,

    eff. Sept. 1, 1981.

    Amended by:

    Acts 2009, 81st Leg., R.S., Ch.

    506, Sec. 5.06, eff. September 1, 2009.

    Acts 2009, 81st Leg., R.S., Ch.

    913, Sec. 20, eff. September 1, 2009.

    Sec. 13.260. PENALTY FOR ISSUING CERTIFICATE WITHOUT AUTHORITY.

    (a) A person who intentionally or knowingly issues an official

    certificate of weight or measure of a commodity without first

    obtaining a certificate of authority under Section 13.255, who

    issues an official certificate of weight or measure of a

    commodity after revocation of the person's certificate of

    authority, or who issues an official certificate of weight or

    measure of a commodity without executing a bond as required under

    Section 13.256 commits an offense.

    (b) An offense under this section is a Class C misdemeanor.

    Acts 1981, 67th Leg., p. 1041, ch. 388, Sec. 1, eff. Sept. 1,

    1981. Amended by Acts 1981, 67th Leg., p. 2593, ch. 693, Sec. 14,

    eff. Sept. 1, 1981.

    Amended by:

    Acts 2009, 81st Leg., R.S., Ch.

    913, Sec. 21, eff. September 1, 2009.

    Sec. 13.261. RULES. The department shall adopt rules governing

    the bond requirements and fees imposed under this subchapter.

    Added by Acts 1985, 69th Leg., ch. 239, Sec. 60, eff. Sept. 1,

    1985.

    Amended by:

    Acts 2009, 81st Leg., R.S., Ch.

    506, Sec. 5.07, eff. September 1, 2009.

    SUBCHAPTER F. INSPECTION AND TESTING OF LIQUEFIED PETROLEUM GAS

    METERS

    Sec. 13.301. DEFINITIONS. In this subchapter:

    (1) "Person" means any individual, partnership, firm,

    corporation, association, or any other business entity.

    (2) "Liquefied petroleum gas meter" means a device which is used

    for the measurement of liquefied petroleum gas in a liquid state,

    whether the device is installed in a permanent location or

    mounted on a vehicle.

    Added by Acts 1993, 73rd Leg., ch. 1016, Sec. 9, eff. Sept. 1,

    1993.

    Sec. 13.302. LICENSE REQUIREMENT. (a) A person may not inspect

    or test liquefied petroleum gas meters unless the person holds a

    license issued under this subchapter.

    (b) The department shall issue a license to a person who meets

    the requirements of this subchapter.

    (c) Each license holder under this subchapter shall conduct

    inspecting or testing activities in compliance with the rules of

    the department.

    (d) A license holder shall maintain and submit to the department

    a report and record of all inspecting or testing activities

    compiled in accordance with the rules of the department.

    (e) A license shall not be required of a corporation,

    partnership, joint venture, or an employee of any such entity

    which owns or operates a natural gas treatment or extraction

    facility.

    Added by Acts 1993, 73rd Leg., ch. 1016, Sec. 9, eff. Sept. 1,

    1993.

    Sec. 13.303. GENERAL REQUIREMENTS FOR LICENSE ISSUANCE OR

    RENEWAL. Before a license is issued or renewed by the department

    under this subchapter:

    (1) the person applying for the license or renewal of the

    license shall provide the department proof of completion of a

    department-approved academic, trade, or professional course of

    instruction required by the department's rules;

    (2) the person shall file with the department an insurance

    policy or other proof of insurance evidencing that the applicant

    has a completed operations liability insurance policy issued by

    an insurance company authorized to do business in this state or

    by a surplus lines insurer that meets the requirements of Chapter

    981, Insurance Code, and rules adopted by the commissioner of

    insurance in an amount set by the department and based on the

    type of licensed activities to be provided; and

    (3) the department, to verify compliance with trade practices,

    rules of the department, and this chapter, may conduct an

    inspection of the applicant's:

    (A) facilities;

    (B) inspecting and testing equipment and procedures;

    (C) repair and calibration equipment and procedures; and

    (D) transportation equipment.

    Added by Acts 1993, 73rd Leg., ch. 1016, Sec. 9, eff. Sept. 1,

    1993. Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 10A.502,

    eff. Sept. 1, 2003.

    Sec. 13.304. LICENSE AND RENEWAL; FEES. (a) An application for

    a license shall be submitted to the department on a form

    prescribed by the department, accompanied by an annual license

    fee in an amount established by department rule.

    (b) A license issued under this subchapter expires on the

    anniversary date of the person's test equipment calibration, as

    such anniversary is defined by a department rule, and may be

    renewed by filing with the department a renewal application form

    prescribed by the department, accompanied by an annual license

    renewal fee in an amount established by department rule.

    (c) A person who fails to submit a license renewal fee on or

    before the expiration date of the license must pay, in addition

    to the license renewal fee, the late fee provided by Section

    12.024 of this code.

    Added by Acts 1993, 73rd Leg., ch. 1016, Sec. 9, eff. Sept. 1,

    1993. Amended by Acts 1995, 74th Leg., ch. 419, Sec. 2.09, eff.

    Sept. 1, 1995.

    Sec. 13.305. DUTIES OF THE DEPARTMENT. (a) The department by

    rule may adopt a system to periodically monitor and inspect or

    test scales inspected and tested by the license holder.

    (b) The department by rule shall adopt guidelines to allow a

    representative of the license holder to perform functions of the

    license holder.

    (c) The department by rule may adopt additional requirements for

    the issuance of a license and for the denial of an application

    for a license or renewal of a license. The rules adopted by the

    department shall be designed to protect the public health,

    safety, and welfare and the proper operation of liquefied

    petroleum gas meters.

    Added by Acts 1993, 73rd Leg., ch. 1016, Sec. 9, eff. Sept. 1,

    1993.

    Sec. 13.306. DENIAL, REVOCATION, MODIFICATION, OR SUSPENSION OF

    LICENSE. (a) The department may refuse to issue a license for

    inspecting or testing of liquefied gas meters if the applicant

    fails to comply with this subchapter.

    (b) The department shall revoke, modify, or suspend a license,

    assess an administrative penalty, place on probation a person

    whose license has been suspended, or reprimand a licensee if the

    licensee fails to comply with this subchapter or a rule adopted

    by the department under this subchapter.

    (c) If a license suspension is probated, the department may

    require the person to:

    (1) report regularly to the department on matters that are the

    basis of the probation;

    (2) limit practice to the areas prescribed by the department; or

    (3) continue or renew professional education until the person

    attains a degree of skill satisfactory to the department in those

    areas that are the basis of the probation.

    (d) If the department proposed to deny a person's application

    for a license for inspecting or testing of liquefied gas meters

    or to revoke, modify, or suspend a person's license, the person

    is entitled to a hearing conducted under Section 12.032. The

    decision of the department is appealable in the same manner as

    provided for contested cases under Chapter 2001, Government Code.

    Added by Acts 1993, 73rd Leg., ch. 1016, Sec. 9, eff. Sept. 1,

    1993. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49),

    eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 419, Sec. 3.04,

    eff. Sept. 1, 1995.

    Sec. 13.307. CIVIL PENALTY; INJUNCTION. (a) A person who

    violates this subchapter or a rule adopted under this subchapter

    is liable to the state for a civil penalty of not less than $250

    nor more than $10,000 for each violation. Each day a violation

    continues may be considered a separate violation for purposes of

    a civil penalty assessment.

    (b) On request of the department, the attorney general or the

    county attorney or district attorney of the county in which the

    violation is alleged to have occurred shall file suit to collect

    the penalty.

    (c) A civil penalty collected under this section shall be

    deposited in the state treasury to the credit of the general

    revenue fund. All civil penalties recovered in suits first

    instituted by a local government or governments under this

    section shall be equally divided between the State of Texas and

    the local government or governments with 50 percent of the

    recovery to be paid to the general revenue fund and the other 50

    percent equally to the local government or governments first

    instituting the suit.

    (d) The department is entitled to appropriate injunctive relief

    to prevent or abate a violation of this subchapter or a rule

    adopted under this subchapter. On request of the department, the

    attorney general or the county or district attorney of the county

    in which the alleged violation is threatened or is occurring

    shall file suit for the injunctive relief. Venue is in the county

    in which the alleged violation is threatened or is occurring.

    Added by Acts 1993, 73rd Leg., ch. 1016, Sec. 9, eff. Sept. 1,

    1993.

    Sec. 13.308. CRIMINAL PENALTY. (a) An individual commits an

    offense if the individual is required to be licensed under this

    subchapter, is not licensed under this subchapter, and performs

    or offers to perform an inspection or test on a liquefied

    petroleum gas meter for compensation.

    (b) An offense under this section is a Class B misdemeanor.

    Added by Acts 1993, 73rd Leg., ch. 1016, Sec. 9, eff. Sept. 1,

    1993.

    SUBCHAPTER G. INSPECTION AND TESTING OF RANCH SCALES

    Sec. 13.351. DEFINITIONS. In this subchapter:

    (1) "Person" means any individual, partnership, firm,

    corporation, association, or any other business entity.

    (2) "Ranch scale" means a livestock scale which is located on a

    private ranch and which has a capacity of 4,999 pounds or

    greater.

    Added by Acts 1993, 73rd Leg., ch. 419, Sec. 1, eff. Sept. 1,

    1993.

    Sec. 13.352. LICENSE REQUIREMENT. (a) A person may not inspect

    or test ranch scales unless the person holds a license issued

    under this subchapter.

    (b) The department shall issue a license to a person who meets

    the requirements of this subchapter.

    (c) Each license holder under this subchapter shall conduct

    inspecting or testing activities in compliance with the rules of

    the department.

    (d) A license holder shall maintain and submit to the department

    a report and record of all inspecting or testing activities

    compiled in accordance with the rules of the department.

    Added by Acts 1993, 73rd Leg., ch. 419, Sec. 1, eff. Sept. 1,

    1993.

    Sec. 13.353. GENERAL REQUIREMENTS FOR LICENSE ISSUANCE OR

    RENEWAL. Before a license is issued or renewed by the department

    under this subchapter:

    (1) the person applying for the license or renewal of the

    license shall provide the department proof of completion of a

    department-approved academic, trade, or professional course of

    instruction required by the department's rules;

    (2) the person shall file with the department an insurance

    policy or other proof of insurance evidencing that the applicant

    has a completed operations liability insurance policy issued by

    an insurance company authorized to do business in this state or

    by a surplus lines insurer that meets the requirements of Chapter

    981, Insurance Code, and rules adopted by the commissioner of

    insurance in an amount set by the department and based on the

    type of licensed activities to be provided; and

    (3) the department, to verify compliance with trade practices,

    rules of the department, and this chapter, may conduct an

    inspection of the applicant's:

    (A) facilities;

    (B) inspecting and testing equipment and procedures;

    (C) repair and calibration equipment and procedures; and

    (D) transportation equipment.

    Added by Acts 1993, 73rd Leg., ch. 419, Sec. 1, eff. Sept. 1,

    1993. Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 10A.503,

    eff. Sept. 1, 2003.

    Sec. 13.354. LICENSE AND RENEWAL; FEES. (a) An application for

    a license shall be submitted to the department on a form

    prescribed by the department, accompanied by an annual license

    fee in an amount established by department rule.

    (b) A license issued under this subchapter expires on the

    anniversary date of the person's test equipment calibration, as

    such anniversary is defined by department rule, and may be

    renewed by filing with the department a renewal application form

    prescribed by the department, accompanied by an annual license

    renewal fee in an amount established by department rule.

    (c) A person who fails to submit a license renewal fee on or

    before the expiration date of the license must pay, in addition

    to the license renewal fee, the late fee provided by Section

    12.024 of this code.

    Added by Acts 1993, 73rd Leg., ch. 419, Sec. 1, eff. Sept. 1,

    1993. Amended by Acts 1995, 74th Leg., ch. 419, Sec. 2.10, eff.

    Sept. 1, 1995.

    Sec. 13.355. DUTIES OF THE DEPARTMENT. (a) The department by

    rule may adopt a system to periodically monitor and inspect or

    test scales inspected and tested by the license holder.

    (b) The department by rule shall adopt guidelines to allow a

    representative of the license holder to perform functions of the

    license holder.

    (c) The department by rule may adopt additional requirements for

    the issuance of a license and for the denial of an application

    for a license or renewal of a license. The rules adopted by the

    department shall be designed to protect the public health,

    safety, and welfare and the proper operation of facilities having

    ranch scales.

    Added by Acts 1993, 73rd Leg., ch. 419, Sec. 1, eff. Sept. 1,

    1993.

    Sec. 13.356. DENIAL, REVOCATION, MODIFICATION, OR SUSPENSION OF

    LICENSE. (a) The department may refuse to issue a license for

    inspecting or testing of ranch scales if the applicant fails to

    comply with this subchapter.

    (b) The department shall revoke, modify, or suspend a license,

    assess an administrative penalty, place on probation a person

    whose license has been suspended, or reprimand a licensee if the

    licensee fails to comply with this subchapter or a rule adopted

    by the department under this subchapter.

    (c) If a license suspension is probated, the department may

    require the person to:

    (1) report regularly to the department on matters that are the

    basis of the probation;

    (2) limit practice to the areas prescribed by the department; or

    (3) continue or renew professional education until the person

    attains a degree of skill satisfactory to the department in those

    areas that are the basis of the probation.

    (d) If the department proposes to deny a person's application

    for a license for inspecting or testing of ranch scales or to

    revoke, modify, or suspend a person's license, the person is

    entitled to a hearing conducted under Section 12.032. The

    decision of the department is appealable in the same manner as

    provided for contested cases under Chapter 2001, Government Code.

    Added by Acts 1993, 73rd Leg., ch. 419, Sec. 1, eff. Sept. 1,

    1993. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49),

    eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 419, Sec. 3.05,

    eff. Sept. 1, 1995.

    Sec. 13.357. CIVIL PENALTY; INJUNCTION. (a) A person who

    violates this subchapter or a rule adopted under this subchapter

    is liable to the state for a civil penalty of not less than $250

    nor more than $10,000 for each violation. Each day a violation

    continues may be considered a separate violation for purposes of

    a civil penalty assessment.

    (b) On request of the department, the attorney general or the

    county or district attorney of the county in which the violation

    is alleged to have occurred shall file suit to collect the

    penalty.

    (c) A civil penalty collected under this section shall be

    deposited in the state treasury to the credit of the general

    revenue fund. All civil penalties recovered in suits first

    instituted by a local government or governments under this

    section shall be equally divided between the State of Texas and

    the local government or governments, with 50 percent of the

    recovery to be paid into the general revenue fund and the other

    50 percent equally to the local government or governments first

    instituting the suit.

    (d) The department is entitled to appropriate injunctive relief

    to prevent or abate a violation of this subchapter or a rule

    adopted under this subchapter. On request of the department, the

    attorney general or the county or district attorney of the county

    in which the alleged violation is threatened or is occurring

    shall file suit for the injunctive relief. Venue is in the county

    in which the alleged violation is threatened or is occurring.

    Added by Acts 1993, 73rd Leg., ch. 419, Sec. 1, eff. Sept. 1,

    1993.

    Sec. 13.358. CRIMINAL PENALTY. (a) An individual commits an

    offense if the individual is required to be licensed under this

    subchapter, is not licensed under this subchapter, and performs

    or offers to perform an inspection or test on a ranch scale for

    compensation.

    (b) An offense under this section is a Class B misdemeanor.

    Added by Acts 1993, 73rd Leg., ch. 419, Sec. 1, eff. Sept. 1,

    1993.

    SUBCHAPTER H. LICENSED INSPECTORS OF WEIGHING AND MEASUR

    Texas Forms by Issue

    Texas Court Forms
    >
    >
    >
    >
    >

    Texas Law

    Texas State Laws
        > Hazelwood Act
        > Texas Attorney General Child Support
        > Texas Child Support
        > Texas Child Support Interactive
        > Texas Penal Code
        > Texas Statutes
    Texas State
        > Food Stamps Texas
        > Texas Cities
        > Texas State
        > Texas Zip Codes
    Texas Tax
        > Texas Franchise Tax
        > Texas Sales Tax
        > Texas State Tax
    Texas Court
        > Lawrence v. Texas
        > Texas Attorney General
        > Texas Public Records
        > Texas Supreme Court
        > Texas v. Johnson
    Texas Labor Laws
        > Minimum Wage in Texas
        > Texas Unemployment
        > Texas Unemployment Benefits
    Texas Agencies
        > Better Business Bureau Texas
        > Texas Commission on Fire Protection
        > Texas Department of Criminal Justice
        > Texas Department of Education
        > Texas Department of Health
        > Texas Department of Health and Human Services
        > Texas Department of Insurance
        > Texas Department of Licensing and Regulation
        > Texas Department of State Health Services
        > Texas Department of Transportation
        > Texas DMV
        > Texas Film Commission
        > Texas Historical Commission
        > Texas Legislature
        > Texas Medicaid
        > Texas Real Estate Commission
        > Texas Secretary of State
        > Texas Secretary of State Corporations
        > Texas State Board of Public Accountancy
        > Texas Workforce Commssion

    Texas Court Map

    Tips