(a) A person commits an offense if the person or the person’s representative or agent knowingly uses an incorrect measuring device in:
(1) buying or selling motor fuel;
(2) computing a charge for services rendered based on measure; or
(3) determining the measure of motor fuel, if a charge is made for the determination.
(b) For the purpose of this section, a 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 under § 2310.107.

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Terms Used In Texas Occupations Code 2310.057

  • Fraud: Intentional deception resulting in injury to another.
  • Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005