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Statutes > Texas > Agriculture-code > Title-2-department-of-agriculture > Chapter-13-weights-and-measures

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