Law:Title 2. Department Of Agriculture from Chapter 13. Weights And Measures (Texas)

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Contents

Chapter 13. Weights And Measures

Subchapter A. General Provisions

Section  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.



Section  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.



Section  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

Section  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.



Section  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.



Section  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.



Section  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.



Section  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.



Section  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.



Section  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.



Section  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.



Section 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.



Section  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.



Section  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.



Section  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.



Section  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.



Section  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.



Section  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.



Section 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.



Section 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.



Section  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.



Section 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.



Section  13.040.  Stop-sale Order. (a) If The Department Has Reason To Believe Th

at 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.



Section  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

Section 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.



Section  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.



Section  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.



Section 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.



Section 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.



Section  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.



Section  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.



Section  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.



Section 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.



Section 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.



Section 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.



Section 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.



Section 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.



Section 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.



Section  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

Section 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.



Section 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.



Section 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.



Section 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.



Section  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.



Section  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.



Section  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.



Section  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.



Section 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

Section  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.



Section  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.



Section  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.



Section  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.



Section  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.



Section  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.



Section  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.



Section  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

Section  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.



Section  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.



Section  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.



Section  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.



Section  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.



Section  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.



Section  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.



Section  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 Measuring Devices

Section  13.401.  License Requirement.

(a) A person who has a license issued under this subchapter may:

(1)  inspect, test, maintain, and repair:

(A)  a weighing or measuring device;

(B)  a liquefied petroleum gas meter under Subchapter F; or

(C)  a ranch scale under Subchapter G;

(2)  return an incorrect weighing or measuring device to service under Section 13.111;

(3)  prohibit an incorrect weighing or measuring device from being used until the device is repaired, if the inspector determines that the device can be repaired; and

(4)  condemn and prohibit the further use of an incorrect weighing or measuring device that the inspector determines cannot be repaired.

(b)  It is a defense to prosecution under Section 13.117 or 13.118 that the licensed inspector 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 an inspector under Subchapter C, a person may not perform the functions of an inspector 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, testing, prohibiting, or condemning 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, Sec. 4.04, eff. Sept. 1, 1995.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 913, Sec. 22, eff. September 1, 2009.



Section  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, Sec. 4.04, eff. Sept. 1, 1995. Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 10A.504, eff. Sept. 1, 2003.



Section  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, Sec. 4.04, eff. Sept. 1, 1995.



Section  13.404.  Duties Of Department.

(a) The department may periodically monitor and inspect or test weighing or measuring devices that have been inspected and tested by a license holder and any standards used by the license holder during an inspection or test.

(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, Sec. 4.04, eff. Sept. 1, 1995.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 913, Sec. 23, eff. September 1, 2009.



Section  13.405.  Denial, Revocation, Modification, Or 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, Sec. 4.04, eff. Sept. 1, 1995.



Section  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, Sec. 4.04, eff. Sept. 1, 1995.



Section  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, Sec. 4.04, eff. Sept. 1, 1995.


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