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 2310.060(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 standards and procedures described by   Section 2310.203 [adopted by the department] for collecting,   sampling, and handling motor fuel;                (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 2.  Section 2310.107, Occupations Code, is amended   to read as follows:          Sec. 2310.107.  TOLERANCES.  The commission shall by rule   set the specifications [Specifications] and tolerances for motor   fuel metering devices to [shall] be the same as the most recently   adopted or amended standards [those] recommended by the National   Institute of Standards and Technology at the time the device is   used.          SECTION 3.  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   commission shall by rule set the minimum quality standards for   motor fuel sold or offered for sale in this state to the most   recently adopted or amended petroleum standards on the date of the   sale by ASTM International.          (b)  The commission shall adopt rules to ensure that, except   as provided by Section 2310.2031, gasoline or gasoline blended with   ethanol that is sold or offered for sale in this state meets the   standard specification requirements applicable to the period and   region, as described in the most recent edition of ASTM   International's publication D4814, "Standard Specification for   Automotive Spark-Ignition Engine Fuel."          SECTION 4.  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 5.  Sections 2310.203(a) and (c-1), Occupations   Code, are 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 motor fuel quality   [minimum] standards described [required] by Section 2310.2016   [2310.202].          (c-1)  The commission shall adopt rules regulating the   methods and procedures applicable to motor fuel testing under this   section.  The rules adopted under this subsection must provide that   the applicable standard for motor fuel testing is ASTM   International's most recently adopted or amended standard on the   date of the test.          SECTION 6.  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 that is sold or   offered for sale in this state during periods when areas adjacent to   the meridian of 99° 00' west longitude line on opposite sides of the   line have different volatility classes under the most recently   adopted Schedule of U.S. Seasonal and Geographic Volatility Classes   in ASTM International's publication D4814, "Standard Specification   for Automotive Spark-Ignition Engine Fuel," conforms with this   chapter and commission rules if it complies with the volatility   class for either area.          (b)  Gasoline sold or offered for sale in this state conforms   with this chapter and rules set by the commission if it meets or   exceeds the most recently adopted Driveability Index prescribed by   the Vapor Pressure and Distillation Class Requirements for vapor   pressure or distillation classes AAA, AA, or A under ASTM   International's publication D4814, "Standard Specification for   Automotive Spark-Ignition Engine Fuel."          (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 beginning   May 1 and ending October 1 each year in counties required to comply   with low emissions motor fuel standards.          (d)  Seasonal specifications for vapor pressure may be   extended for a maximum period of 15 days to allow for the   distribution of existing stocks. New stocks of a higher volatility   classification may not be offered for retail sale in this state   before the effective date of the higher volatility classification.          (e)  The vapor-to-liquid ratio specification under this   section does not apply to gasoline or gasoline ethanol blends.          (f)  This section may not be construed to interfere with   regulations for low emissions motor fuels adopted by this state to   comply with federal law.          SECTION 7.  Section 2310.202, Occupations Code, is repealed.          SECTION 8.  The changes in law made by this Act apply only to   a violation committed on or after the effective date of this Act. A   violation committed before the effective date of this Act is   governed by the law in effect when the violation was committed, and   the former law is continued in effect for that purpose. For   purposes of this section, a violation was committed before the   effective date of this Act if any element of the violation was   committed before that date.          SECTION 9.  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.