Texas Occupations Code 2310.059 – Testing by Department
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(a) The department shall from time to time measure an amount of motor fuel that is kept or offered for sale, sold, or in the process of delivery, to determine:
(1) if the motor fuel is of the amount or quantity represented; or
(2) if the motor fuel is being offered for sale or sold in accordance with law.
(b) If the department finds that any lot of motor fuel contains less of the motor fuel than the amount represented, the department may seize the motor fuel as evidence.
Terms Used In Texas Occupations Code 2310.059
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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
(c) A person commits an offense if the person or the person’s employee or agent refuses to exhibit motor fuel being sold or offered for sale at a given quantity, or ordinarily sold in that manner, to the department for testing and proving as to quantity.