Bill

HB 2174

85(R) - 2017
House Licensing & Administrative Procedures
Senate Transportation
House Licensing & Administrative Procedures
Senate Transportation
Agriculture
Consumer Protections
Oil & Gas
State Agencies

Vote Recommendation

Yes
  • Neutral
  • Neutral
  • Neutral
  • Positive
  • Neutral

Author(s)

Drew Darby

Co-Author(s)

Charlie Geren
John Kuempel

Sponsor(s)

Robert Nichols

Bill Caption

Relating to the regulation of motor fuel quality and motor fuel metering devices.

Fiscal Notes

An impact of $0 through the biennium ending August 31, 2019.

The bill would make no appropriation but could provide the legal basis for an appropriation of funds to implement the provisions of the bill.

Bill Analysis

Under current law, the Department of Agriculture is required to follow legal procedures for the inspection and registration of commercial weighing or measuring devices. HB 2174 would grant the department the prerogative to exempt motor fuel metering devices from the requirements of inspection and registration. In addition, for the department to consider a motor fuel metering device to be in violation of regulations, the department would be required to have laboratory results indicating violation as opposed to current law where the department only needs a "reason to believe" there is a violation. This bill would also permit the imposition of late fees on registration and would cap inspection fee increases per fiscal biennium.

HB 2174 would also exempt all motor fuel metering devices that are not used in a commercial transaction or to compute the charge for service from the requirements of the affected chapter. In addition, this bill would add procedures for handling complaints related to motor fuel metering devices. 

Vote Recommendation Notes

This bill supports the principle of limited government by permitting fuel metering devices to be exempted from certain requirements by the relevant state agency and requiring a higher level of proof to consider actions to be in violation of regulation. For these reasons, we support HB 2174.

Organizations Supporting

Texas Association of Business
Texas Restaurant Association
Texas Retailers Association