(a) The department or an authorized representative of the department may collect samples and conduct testing at any location where motor fuel is kept, transferred, sold, or offered for sale to verify that the motor fuel complies with the minimum standards required by § 2310.202.
(a-1) For purposes of this section, a person is an authorized representative of the department if the person:
(1) holds a license issued under Subchapter D; and
(2) is conducting testing on behalf of the department under this section.

Attorney's Note

Under the Texas Codes, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class C misdemeanorup to $500
For details, see

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Terms Used In Texas Occupations Code 2310.203

  • 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

(b) Repealed by Acts 2023, 88th Leg., R.S., Ch. 337 (S.B. 246), Sec. 25(6), eff. September 1, 2023.
(c) On arriving at a facility to conduct testing under Subsection (a), the department or an authorized representative of the department shall notify an employee of the facility of the department’s or representative’s presence and purpose.
(c-1) The commission shall adopt rules regulating the methods and procedures applicable to motor fuel testing under this section.
(d) A person commits an offense if the person refuses to allow the department or an authorized representative of the department to collect samples or conduct motor fuel testing under Subsection (a).
(e) An offense under Subsection (d) is a Class C misdemeanor.