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2005 Texas Agriculture Code CHAPTER 13. WEIGHTS AND MEASURES
AGRICULTURE CODE CHAPTER 13. WEIGHTS AND MEASURES SUBCHAPTER A. GENERAL PROVISIONS § 13.001. DEFINITIONS. (a) In this chapter: (1) "Weight or measure" includes a weight, scale, beam, or measure of any kind; an instrument or mechanical device for weighing or measuring; and an appliance or accessory connected with an instrument or mechanical device for weighing or measuring. (2) "Sell" includes barter or exchange. (3) "Pump" means a gasoline, kerosene, or diesel fuel measuring or dispensing device. (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, § 1, eff. Sept. 1, 1981. Amended by Acts 2005, 79th Leg., ch. 43, § 1, eff. Sept. 1, 2005. § 13.002. ENFORCEMENT OF CHAPTER. (a) The department shall enforce the provisions of this chapter and shall supervise all weights and measures 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, § 1, eff. Sept. 1, 1981. Amended by Acts 1995, 74th Leg., ch. 419, § 4.01, eff. Sept. 1, 1995. § 13.004. EXPENSES. The commissioner and chief deputy of weights and measures are entitled to reimbursement for actual expenses while traveling on state business. Acts 1981, 67th Leg., p. 1023, ch. 388, § 1, eff. Sept. 1, 1981. § 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, § 19, eff. Sept. 1, 1989.SUBCHAPTER B. STANDARD WEIGHTS AND MEASURES § 13.021. LEGAL STANDARDS. (a) The legal standard of weights and measures in this state is the standard of weights and measures adopted and used by the government of the United States. If the United States does not provide a standard of 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 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 weights or measures under the law of this state. Acts 1981, 67th Leg., p. 1023, ch. 388, § 1, eff. Sept. 1, 1981. § 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, § 1, eff. Sept. 1, 1981. § 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, § 1, eff. Sept. 1, 1981. § 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, § 1, eff. Sept. 1, 1981. § 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, § 1, eff. Sept. 1, 1981. § 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, § 1, eff. Sept. 1, 1981. § 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, § 1, eff. Sept. 1, 1981. § 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, § 1, eff. Sept. 1, 1981. § 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, § 1, eff. Sept. 1, 1981. § 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, § 1, eff. Sept. 1, 1981. § 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, § 1, eff. Sept. 1, 1981. Amended by Acts 1985, 69th Leg., ch. 276, § 1, eff. Aug. 26, 1985. § 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, § 1, eff. Sept. 1, 1981. § 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, § 1, eff. Sept. 1, 1981. § 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, of 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, § 1, eff. Sept. 1, 1981. § 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 by which the amount of a 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, § 1, eff. Sept. 1, 1981. § 13.037. USE OF FALSE WEIGHT OR MEASURE. (a) A person commits an offense if the person or the person's servant or agent uses a false weight or measure 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 weight or measure is false 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 of this code. Acts 1981, 67th Leg., p. 1028, ch. 388, § 1, eff. Sept. 1, 1981. § 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, § 1, eff. Sept. 1, 1981. § 13.039. TESTING OF PACKAGE BY SEALER. (a) A sealer appointed under Subchapter C of this chapter 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 a sealer finds that a package or any lot of a commodity contains less of the commodity than the amount represented, the sealer 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 a sealer for testing and proving as to quantity. Acts 1981, 67th Leg., p. 1029, ch. 388, § 1, eff. Sept. 1, 1981. § 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, § 1, eff. Sept. 1, 1981. § 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, § 1, eff. Sept. 1, 1981. Amended by Acts 1989, 71st Leg., ch. 230, § 20, eff. Sept. 1, 1989.SUBCHAPTER C. INSPECTION AND REGISTRATION OF WEIGHTS AND MEASURES § 13.101. REQUIRED INSPECTION. (a) At least once every four years, or more often as required by the department, a weight or measure shall be inspected and tested for correctness by a sealer 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 weights and measures. (c) A person who uses or keeps for use, or has or offers for sale, a weight or measure is responsible for having the weight or measure inspected and tested as required by this section. (d) Unless the department requires an additional inspection, a weight or measure that is inspected and found correct by a sealer may be kept for use, used, kept or offered for sale, or sold without further testing. Acts 1981, 67th Leg., p. 1030, ch. 388, § 1, eff. Sept. 1, 1981. Amended by Acts 1989, 71st Leg., ch. 230, § 21, eff. Sept. 1, 1989; Acts 2003, 78th Leg., ch. 122, § 1, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 200, § 4(b), eff. Sept. 1, 2003. § 13.1011. REQUIRED REGISTRATION. (a) A person who operates a pump, scale, or bulk or liquefied petroleum gas metering device for a commercial transaction must 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 of this code, the department may assess a late fee against the person, prohibit the operation of the pump, scale, or metering device, or both assess the fee and prohibit the operation of the pump, scale, or metering 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, § 4. Added by Acts 1985, 69th Leg., ch. 239, § 57(a), eff. Sept. 1, 1985. Amended by Acts 2005, 79th Leg., ch. 43, § 4, eff. Sept. 1, 2005. § 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 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, § 4.05, eff. Sept. 1, 1995. § 13.102. INSPECTION SEAL REQUIRED PRIOR TO SALE. (a) Except as provided by Subsection (b) or (c) of this section, a person may not sell a weight or measure unless it bears a valid inspection seal as to its correctness. (b) A weight or measure that has been tested, sealed, and certified correct by the National Institute of Standards and Technology may be kept or offered for sale or sold without being sealed under this subchapter. (c) A weight or measure that after sale must be assembled before use may be kept or offered for sale or sold without first being sealed under this subchapter but, unless otherwise approved by the department, must be tested and sealed under this subchapter before use for weighing or measuring. Acts 1981, 67th Leg., p. 1030, ch. 388, § 1, eff. Sept. 1, 1981. Amended by Acts 1989, 71st Leg., ch. 230, § 22, eff. Sept. 1, 1989. § 13.104. STATE SEALERS. (a) The commissioner may appoint deputies, as provided for by appropriation, and inspectors, lecturers, and other employees of the department to serve as state sealers of weights and measures. (b) The jurisdiction of a state sealer is coextensive with the limits of the state. A state sealer is entitled to inspect and test weights and measures in any district or locality designated by the department. (c) A deputy appointed to serve as state sealer is entitled to reimbursement for actual traveling expenses while traveling on the business of the state. Acts 1981, 67th Leg., p. 1031, ch. 388, § 1, eff. Sept. 1, 1981. § 13.108. POWERS AND DUTIES OF SEALERS. (a) In addition to inspecting, testing, and sealing weights and measures, each sealer and deputy sealer shall: (1) preserve all copies of the standards used in conducting tests and keep the standards in safe and good order when not in use; (2) keep a record of all work performed, including inspections made, and the name and post office address of each party: (A) for whom a measurement, test weight, or inspection is made; (B) whose weight or measure is condemned; or (C) who is prosecuted; and (3) keep a record of all violations of this chapter and report those violations to the department. (b), (c) Repealed by Acts 2003, 78th Leg., ch. 369, § 1(1). Acts 1981, 67th Leg., p. 1032, ch. 388, § 1, eff. Sept. 1, 1981. Amended by Acts 2003, 78th Leg., ch. 369, § 1(1), eff. Sept. 1, 2003. § 13.109. RULES GOVERNING SEALERS. The department shall issue instructions and adopt rules governing state sealers as necessary to carry out the purposes of this chapter. Acts 1981, 67th Leg., p. 1032, ch. 388, § 1, eff. Sept. 1, 1981. Amended by Acts 2003, 78th Leg., ch. 369, § 3, eff. Sept. 1, 2003. § 13.110. INSPECTING, TESTING, AND SEALING. (a) In accordance with this subchapter, each sealer may inspect and test all weights and measures used in the locality to which the sealer is assigned. (b) If a sealer determines that a weight or measure corresponds to official standards, the sealer shall place a seal or mark on the weight or measure under the sealer's name showing the date of inspection and that the weight or measure is correct. The sealer shall place the seal or mark so that it may be easily seen. Acts 1981, 67th Leg., p. 1032, ch. 388, § 1, eff. Sept. 1, 1981. Amended by Acts 1995, 74th Leg., ch. 419, § 4.02, eff. Sept. 1, 1995; Acts 2003, 78th Leg., ch. 369, § 4, eff. Sept. 1, 2003. § 13.111. REPAIR OR DESTRUCTION OF INCORRECT WEIGHTS OR MEASURES. (a) If, in the judgment of the sealer, a weight or measure found to be incorrect is not capable of being repaired, the sealer may condemn, seize, and destroy the weight or measure. (b) If, in the judgment of the sealer, an incorrect weight or measure is capable of being repaired, the sealer shall place on the weight or measure a tag or other mark with the words "Out of Order." The owner or user of the weight or measure may have it repaired within 30 days, but may not use or dispose of it until it is reinspected and sealed. After repair, the owner or user shall notify the sealer and the sealer shall reinspect the weight or measure. If it is found to be correct, the sealer shall remove the out-of-order tag and seal the weight or measure as provided by Section 13.110 of this code. (c) A person licensed under Subchapter H shall offer to repair an incorrect weight or measure before taking the device out of service as provided under Subsection (b). The weights and measures inspector may collect a fee for a repair made to a weight or measure. (d) A person licensed under Subchapter F, G, or H: (1) may not collect a fee for the first inspection of a device after the device is taken out of service under Subsection (b); and (2) shall provide the owner or user of a device taken out of service under Subsection (b) with a detailed written estimate of the cost of repair of the device. Acts 1981, 67th Leg., p. 1032, ch. 388, § 1, eff. Sept. 1, 1981. Amended by Acts 1995, 74th Leg., ch. 419, § 4.03, eff. Sept. 1, 1995. § 13.112. TESTS FOR STATE INSTITUTIONS. As requested by the State Purchasing and General Services Commission or the governing body of a state institution, the department shall test each weight or measure used by a state institution for any purpose, including a weight or measure 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, § 1, eff. Sept. 1, 1981. Amended by Acts 1989, 71st Leg., ch. 230, § 23, eff. Sept. 1, 1989. § 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 sealed. (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 state sealers. (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, sealed and certified by the commissioner, 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 local sealer at least once every two years. The department shall keep a record of the inspection and character of weights and measures inspected under this subsection. The city shall pay all expenses incurred in inspections under this subsection. Acts 1981, 67th Leg., p. 1033, ch. 388, § 1, eff. Sept. 1, 1981. Amended by Acts 1989, 71st Leg., ch. 230, § 24, eff. Sept. 1, 1989. § 13.114. TOLERANCES. (a) The department shall establish tolerances and specifications for commercial weighing and measuring apparatus 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, § 1, eff. Sept. 1, 1981. Amended by Acts 1989, 71st Leg., ch. 230, § 25, eff. Sept. 1, 1989. § 13.115. FEES FOR DEPARTMENT INSPECTION. (a) The department shall collect a fee in accordance with this section for each test of a weight or measure required by this subchapter or performed on request of the owner. (b) Repealed by Acts 1995, 74th Leg., ch. 419, § 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 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, § 1, eff. Sept. 1, 1981. Amended by Acts 1983, 68th Leg., p. 4282, ch. 682, § 1, eff. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 239, § 57(c), (d), eff. Sept. 1, 1985; Acts 1991, 72nd Leg., 1st C.S., ch. 5, § 9.02, eff. Sept. 1, 1991; Acts 1995, 74th Leg., ch. 419, § 2.06, 10.09(5), eff. Sept. 1, 1995. § 13.1151. FEES FOR REGISTRATION AND INSPECTION. The department may charge the owner or operator of a device a fee, as provided by department rule, to recover the costs of registration and inspection of a pump, scale, bulk or liquefied petroleum gas metering device, or other measuring or dispensing device required to be registered or inspected under this chapter. Added by Acts 1985, 69th Leg., ch. 239, § 57(a), eff. Sept. 1, 1985. Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 5, § 9.03, eff. Sept. 1, 1991; Acts 1995, 74th Leg., ch. 419, § 2.07, eff. Sept. 1, 1995; Acts 2005, 79th Leg., ch. 43, § 2 to 4, eff. Sept. 1, 2005. § 13.116. USE OR SALE OF UNSEALED WEIGHT OR MEASURE. (a) 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 unsealed weight or measure; (2) uses an unsealed weight or measure in: (A) buying or selling a commodity or item; (B) computing a charge for services rendered on the basis of weight or measure; or (C) determining a weight or measure, if a charge is made for that determination; or (3) possesses an unsealed weight or measure. (b) In this section, a weight or measure is unsealed if it has not been sealed within the past year in accordance with this subchapter. Acts 1981, 67th Leg., p. 1035, ch. 388, § 1, eff. Sept. 1, 1981. § 13.117. REFUSING TO PERMIT TEST OF WEIGHT OR MEASURE. A person commits an offense if the person neglects or refuses to exhibit a weight or measure under the person's control or in the person's possession to the department or a sealer for inspection or examination as required by law. Acts 1981, 67th Leg., p. 1035, ch. 388, § 1, eff. Sept. 1, 1981. § 13.118. HINDERING SEALER. A person commits an offense if the person hinders or obstructs in any way the department or a sealer in the performance of official duties. Acts 1981, 67th Leg., p. 1035, ch. 388, § 1, eff. Sept. 1, 1981. § 13.119. REMOVAL OF SEALER'S TAG. A person commits an offense if the person removes or obliterates a tag or device placed on a weight or measure under Section 13.110 or 13.111 of this code. Acts 1981, 67th Leg., p. 1035, ch. 388, § 1, eff. Sept. 1, 1981. § 13.120. SALE OR USE OF FALSE WEIGHTS OR MEASURES. (a) The department may condemn and prohibit the sale or distribution of any false weight or measure 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 a false weight or measure; (2) possesses a false weight or measure; 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. (c) In this section, "false weight or measure" has the meaning assigned by Section 13.037 of this code. Acts 1981, 67th Leg., p. 1035, ch. 388, § 1, eff. Sept. 1, 1981. § 13.121. DISPOSING OF CONDEMNED WEIGHT. A person commits an offense if the person or the person's servant or agent disposes of a weight or measure condemned under Section 13.111 or 13.120 of this code in a manner contrary to those sections. Acts 1981, 67th Leg., p. 1036, ch. 388, § 1, eff. Sept. 1, 1981. § 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, § 1, eff. Sept. 1, 1981. Amended by Acts 1989, 71st Leg., ch. 230, § 26, eff. Sept. 1, 1989; Acts 2003, 78th Leg., ch. 369, § 5, eff. Sept. 1, 2003.SUBCHAPTER E. PUBLIC WEIGHER § 13.251. DEFINITION. In this subchapter, "public weigher" means a person who is elected or appointed to issue an official certificate declaring the accurate weight or measure of a commodity that the person is requested to weigh. Acts 1981, 67th Leg., p. 1039, ch. 388, § 1, eff. Sept. 1, 1981. Amended by Acts 1981, 67th Leg., p. 2592, ch. 693, § 14, eff. Sept. 1, 1981. § 13.252. APPOINTMENT OF PUBLIC WEIGHERS. (a) The department may appoint public weighers of the following classifications: (1) appointed county public weighers, who may issue an official certificate only for the weight or measure of a commodity weighed in the county for which the public weigher is appointed; and (2) state public weighers, who may issue an official certificate for the weight or measure of a commodity weighed anywhere in the state. (b) An appointed public weigher serves for a term of two years. (c) An appointed county public weigher is not required to reside in the county for which the public weigher is appointed. Acts 1981, 67th Leg., p. 1039, ch. 388, § 1, eff. Sept. 1, 1981. Amended by Acts 1981, 67th Leg., p. 2592, ch. 693, § 14, eff. Sept. 1, 1981; Acts 1993, 73rd Leg., ch. 50, § 1, eff. Sept. 1, 1993. § 13.253. ELECTION OF PUBLIC WEIGHERS. (a) The commissioners court of a county by order may provide for the election of a public weigher to serve only within the county for which the weigher is elected. The department may appoint one or more county public weighers to serve in a county in addition to a public weigher elected under this section. (b) An elected county public weigher must obtain a certificate of authority as provided by Section 13.255 of this code and must execute a bond as provided by Section 13.256 of this code before issuing an official certificate of weight or measure. A county public weigher elected under this section is subject to rules adopted by the commissioners court. (c) A public weigher elected under this section serves for a term of four years and may be removed from office under Chapter 87, Local Government Code. Acts 1981, 67th Leg., p. 1040, ch. 388, § 1, eff. Sept. 1, 1981. Amended by Acts 1981, 67th Leg., p. 2592, ch. 693, § 14, eff. Sept. 1, 1981; Acts 1987, 70th Leg., ch. 149, § 29, eff. Sept. 1, 1987; Acts 1987, 70th Leg., ch. 190, § 1, eff. May 27, 1987. § 13.2535. LOCAL OPTION ELECTION TO ABOLISH OFFICE. (a) The office of elected county public weigher is abolished in a county if the abolition is approved by a majority of the votes received at an election ordered under this section. The commissioners court of the county shall order the election in the county if the court by order proposes that the office of elected county public weigher be abolished. The commissioners court shall order the election to be held on the next authorized election date that occurs after the 45th day after the date of the court order proposing abolition of the office. (b) The commissioners court shall order the ballot for the election to be printed to provide for voting for or against the proposition: "Abolishing the office of elected county public weigher." (c) The abolition of the office takes effect on the January 1 following the date of the election. After the abolition of the office, the commissioners court shall transfer to the department the records of the abolished office. Added by Acts 1993, 73rd Leg., ch. 211, § 1, eff. Aug. 30, 1993. § 13.254. DEPUTY PUBLIC WEIGHERS. (a) A county public weigher, whether elected or appointed, may appoint the number of deputies that the public weigher believes necessary to assist the public weigher in weighing commodities within the county. The deputy may not issue an official weight certificate for a commodity weighed outside the county for which the deputy is appointed. A county public weigher shall notify the department of the appointment of a deputy. A deputy public weigher may serve in office until the expiration of the term of the county public weigher who appointed the deputy. (b) A state public weigher may not appoint a deputy public weigher. (c) A deputy county public weigher is not required to live in the county for which the deputy county public weigher is appointed. Acts 1981, 67th Leg., p. 1040, ch. 388, § 1, eff. Sept. 1, 1981. Amended by Acts 1981, 67th Leg., p. 2592, ch. 693, § 14, eff. Sept. 1, 1981; Acts 1993, 73rd Leg., ch. 50, § 2, eff. Sept. 1, 1993. § 13.255. CERTIFICATE. (a) A public weigher, whether elected or appointed, or deputy public weigher may not officially weigh a commodity unless the weigher has obtained from the department a certificate of authority. (b) A state public weigher must submit a nonrefundable fee, as provided by department rule, with the application for a certificate of authority. A county public weigher or a deputy 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, § 1, eff. Sept. 1, 1981. Amended by Acts 1981, 67th Leg., p. 2592, ch. 693, § 14, eff. Sept. 1, 1981; Acts 1985, 69th Leg., ch. 239, § 59, eff. Sept. 1, 1985; Acts 1989, 71st Leg., ch. 230, § 30, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., 1st C.S., ch. 5, § 9.04, eff. Sept. 1, 1991; Acts 1995, 74th Leg., ch. 419, § 2.08, eff. Sept. 1, 1995. § 13.2555. REVOCATION, MODIFICATION, OR SUSPENSION OF CERTIFICATE. (a) The department shall revoke, modify, or suspend the certificate of authority of an appointed public weigher or a deputy of an appointed county public weigher, assess an administrative penalty, place on probation the person whose certificate has been suspended, or reprimand an appointed public weigher or a deputy of an appointed county 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 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. (c) If the department proposes to revoke, modify, or suspend a person's certificate, 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 1989, 71st Leg., ch. 230, § 31, eff. Sept. 1, 1989. Amended by Acts 1995, 74th Leg., ch. 76, § 5.95(49), eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 419, § 3.03, eff. Sept. 1, 1995. § 13.256. BOND. (a) Each county public weigher, whether elected or appointed, and each deputy public weigher shall execute for the full term of office a bond that is in the amount of $2,500, approved by the department, and made payable to the county judge of the county for which the weigher is elected or appointed. The bond must be conditioned on the accurate weight or measure of a commodity being reflected on the certificate issued by the public weigher or deputy, on the protection of a commodity that the public weigher or deputy is requested to weigh or measure, and on compliance with all laws and rules governing public weighers. The bond shall be filed with the county clerk's office in the county for which the public weigher or deputy is appointed or elected. The bond is not void on first recovery. A person injured by the public weigher may sue on the bond. (b) Each state public weigher shall execute a bond similar to the bond required under Subsection (a) of this section, except that the bond is for $10,000, made payable to the State of Texas, and filed with the department. Acts 1981, 67th Leg., p. 1040, ch. 388, § 1, eff. Sept. 1, 1981. Amended by Acts 1981, 67th Leg., p. 2593, ch. 693, § 14, eff. Sept. 1, 1981. § 13.257. RECORDING OF WEIGHTS AND MEASURES. (a) On each certificate of weight or measure that a public weigher or deputy public weigher issues, the public weigher or deputy public weigher shall include the: (1) time and date that the weight or measurement was taken; (2) signature and license number of the public weigher or deputy 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, § 1, eff. Sept. 1, 1981. Amended by Acts 1981, 67th Leg., p. 2593, ch. 693, § 14, eff. Sept. 1, 1981; Acts 1993, 73rd Leg., ch. 50, § 3, eff. Sept. 1, 1993. § 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, § 1, eff. Sept. 1, 1981. Amended by Acts 1981, 67th Leg., p. 2593, ch. 693, § 14, eff. Sept. 1, 1981. § 13.259. PENALTY FOR ISSUING A FALSE CERTIFICATE. (a) A public weigher or deputy public weigher who intentionally or knowingly issues a certificate of weight or measure giving a false weight or measure for a commodity weighed or measured commits an offense. (b) An offense under this section is a Class B misdemeanor. Acts 1981, 67th Leg., p. 1041, ch. 388, § 1, eff. Sept. 1, 1981. Amended by Acts 1981, 67th Leg., p. 2593, ch. 693, § 14, eff. Sept. 1, 1981. § 13.260. PENALTY FOR ISSUING CERTIFICATE WITHOUT AUTHORITY. (a) A person who intentionally or knowingly issues an official certificate of weight or measure for any commodity without first obtaining a certificate of authority under Section 13.255 of this code, who issues an official certificate of weight or measure after revocation of the person's certificate of authority, or who issues an official certificate of weight or measure without executing a bond as required under Section 13.256 of this code commits an offense. (b) An offense under this section is a Class C misdemeanor. Acts 1981, 67th Leg., p. 1041, ch. 388, § 1, eff. Sept. 1, 1981. Amended by Acts 1981, 67th Leg., p. 2593, ch. 693, § 14, eff. Sept. 1, 1981. § 13.261. POWER OF DEPARTMENT; RULES. The department may adopt rules governing the procedures to be followed in administering the fees imposed under this subchapter. Added by Acts 1985, 69th Leg., ch. 239, § 60, eff. Sept. 1, 1985.SUBCHAPTER F. INSPECTION AND TESTING OF LIQUEFIED PETROLEUM GAS METERS § 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, § 9, eff. Sept. 1, 1993. § 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, § 9, eff. Sept. 1, 1993. § 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, § 9, eff. Sept. 1, 1993. Amended by Acts 2003, 78th Leg., ch. 1276, § 10A.502, eff. Sept. 1, 2003. § 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, § 9, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 419, § 2.09, eff. Sept. 1, 1995. § 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, § 9, eff. Sept. 1, 1993. § 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, § 9, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 76, § 5.95(49), eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 419, § 3.04, eff. Sept. 1, 1995. § 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, § 9, eff. Sept. 1, 1993. § 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, § 9, eff. Sept. 1, 1993.SUBCHAPTER G. INSPECTION AND TESTING OF RANCH SCALES § 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, § 1, eff. Sept. 1, 1993. § 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, § 1, eff. Sept. 1, 1993. § 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, § 1, eff. Sept. 1, 1993. Amended by Acts 2003, 78th Leg., ch. 1276, § 10A.503, eff. Sept. 1, 2003. § 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, § 1, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 419, § 2.10, eff. Sept. 1, 1995. § 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, § 1, eff. Sept. 1, 1993. § 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, § 1, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 76, § 5.95(49), eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 419, § 3.05, eff. Sept. 1, 1995. § 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, § 1, eff. Sept. 1, 1993. § 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, § 1, eff. Sept. 1, 1993.SUBCHAPTER H. LICENSED INSPECTORS OF WEIGHING AND MEASURING DEVICES § 13.401. LICENSE REQUIREMENT. (a) A person who has a license issued under this subchapter has all of the powers and duties of a sealer under this chapter except for: (1) testing of a package under Section 13.039; (2) peace officer status under Section 13.108(b); and (3) entering premises or conducting a stop under Section 13.108(c). (b) It is a defense to prosecution under Section 13.117 or 13.118 that the sealer is acting under the authority of a license issued under this subchapter. (c) A person who has a license issued under this subchapter may also inspect or test: (1) liquefied petroleum gas meters under Subchapter F; or (2) a ranch scale under Subchapter G. (d) Unless appointed a sealer under Subchapter C, a person may not perform the functions of a sealer without a license issued under this subchapter. (e) The department shall issue a license to a person who meets the requirements of this subchapter. (f) A license holder under this subchapter shall conduct inspecting or testing activities in compliance with the rules of the department. (g) 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 1995, 74th Leg., ch. 419, § 4.04, eff. Sept. 1, 1995. § 13.402. 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 1995, 74th Leg., ch. 419, § 4.04, eff. Sept. 1, 1995. Amended by Acts 2003, 78th Leg., ch. 1276, § 10A.504, eff. Sept. 1, 2003. § 13.403. 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 is valid for one year 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 department rule. Added by Acts 1995, 74th Leg., ch. 419, § 4.04, eff. Sept. 1, 1995. § 13.404. DUTIES OF 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 weighing and measuring devices. (d) The department by rule shall adopt a fee schedule for services performed by a license holder. Added by Acts 1995, 74th Leg., ch. 419, § 4.04, eff. Sept. 1, 1995. § 13.405. DENIAL, REVOCATION, MODIFICATION, OF SUSPENSION OF LICENSE. (a) The department may refuse to issue a license for inspecting or testing of weighing and measuring devices 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 license holder if the license holder 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 weighing or measuring devices 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 administrative law judge is appealable in the same manner as provided for contested cases under Chapter 2001, Government Code. Added by Acts 1995, 74th Leg., ch. 419, § 4.04, eff. Sept. 1, 1995. § 13.406. 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 1995, 74th Leg., ch. 419, § 4.04, eff. Sept. 1, 1995. § 13.407. 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 weighing or measuring device for compensation. (b) An offense under this section is a Class B misdemeanor. Added by Acts 1995, 74th Leg., ch. 419, § 4.04, eff. Sept. 1, 1995.
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