89R18885 TYPED     By: Gerdes H.B. No. 4690       A BILL TO BE ENTITLED   AN ACT   relating to motor fuel measuring, quality, and testing standards.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 2310.001(a), Occupations Code, is   amended by adding Subdivisions (1-a) and (7-a) to read as follows:                (1-a) "ASTM" means ASTM International, formerly known   as the American Society for Testing and Materials.                (7-a) "NIST" means the National Institute of Standards   and Technology.          SECTION 2.  Section 2310.060(a-1), Occupations Code, is   amended to read as follows:          (a-1)  In implementing this section, the department or an   authorized representative of the department shall:                (1)  follow the motor fuel quality testing standards   and procedures [adopted by the department] for collecting,   sampling, and handling motor fuel prescribed by Section 2310.203;                (2)  obtain the approval of the executive director or   the executive director's designee before taking any action under   this section; and                (3)  place a tag or other notice on each motor fuel   dispensing device subject to an order issued by the department   under this section.          SECTION 3.  Section 2310.107, Occupations Code, is amended   to read as follows:          Sec. 2310.107.  TOLERANCES. Specifications and tolerances   for motor fuel metering devices shall be the same as those adopted   in the most current edition of NIST Handbook 44 [recommended by the   National Institute of Standards and Technology].          SECTION 4.  Subchapter E, Chapter 2310, Occupations Code, is   amended by adding Section 2310.2016 to read as follows:          Sec. 2310.2016.  MOTOR FUEL QUALITY STANDARDS. (a) The   minimum quality standards for motor fuel that is sold or offered for   sale in this state are the most recently adopted, nationally   recognized ASTM petroleum standards, including subsequent   amendments and editions.          (b)  Except as provided in Section 2310.2031, gasoline or   gasoline blended with ethanol sold or offered for sale in Texas   shall conform with ASTM Designation D4814 for the applicable period   and region at all times.          SECTION 5.  The heading to Section 2310.203, Occupations   Code, is amended to read as follows:          Sec. 2310.203.  [TESTING OF] MOTOR FUEL QUALITY TESTING   STANDARDS AND PROCEDURES.          SECTION 6.  Section 2310.203(a), Occupations Code, is   amended to read as follows:          (a)  The department or an authorized representative of the   department may collect samples and conduct testing at any location   where motor fuel is kept, transferred, sold, or offered for sale to   verify that the motor fuel complies with the fuel quality [minimum]   standards required by Section 2310.2016 [2310.202].          SECTION 7.  Subchapter E, Chapter 2310, Occupations Code, is   amended by adding Section 2310.2031 to read as follows:          Sec. 2310.2031.  EXCEPTIONS TO MOTOR FUEL QUALITY STANDARDS.   (a) Gasoline or gasoline blended with ethanol sold or offered for   sale during periods when areas on either side of the 99-degree   longitude line have different volatility classes, as provided in   the ASTM Designation D4814 Schedule of U.S. Seasonal and Geographic   Volatility Classes, conforms with this chapter and commission rules   if it complies with the volatility class for either area.          (b)  Gasoline sold or offered for sale that meets or exceeds   the Driveability Index prescribed by the ASTM Designation D4814   Vapor Pressure and Distillation Class Requirements for vapor   pressure/distillation classes AAA, AA, or A conforms with ASTM   standards, this chapter, and rules set by the commission.          (c)  Gasoline blended with up to 15 volume percent ethanol is   granted a vapor pressure tolerance waiver of 1.0 pound per square   inch except for gasoline blends sold or offered for sale from May 1   through October 1 in counties of this state required to comply with   low emissions fuels.          (d)  Seasonal specifications for vapor pressure may be   extended for a maximum period of 15 days to allow for the   distribution of old stocks. However, new stocks of a higher   volatility classification may not be offered for retail sale before   the effective date of the higher volatility classification.          (e)  The vapor-to-liquid ratio specification is waived for   gasoline ethanol/blends.          SECTION 8.  The following provisions of the Occupations Code   are repealed:                (1)  Section 2310.202; and                (2)  Section 2310.203(c-1).          SECTION 9.  A violation committed before the effective date   of this Act is governed by the law in effect on the date the offense   or violation was committed, and the former law is continued in   effect for that purpose. For purposes of this section, an offense   or violation was committed before the effective date of this Act if   any element of the offense or violation was committed before that   date.          SECTION 10.  This Act takes effect immediately if it   receives a vote of two-thirds of all the members elected to each   house, as provided by Section 39, Article III, Texas Constitution.   If this Act does not receive the vote necessary for immediate   effect, this Act takes effect September 1, 2025.