Relating to motor fuel measuring, quality, and testing standards, the official text

H.B. No. 4690

AN ACT

relating to motor fuel measuring, quality, and testing standards.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 2310.060(a-1), Occupations Code, is

amended to read as follows:

(a-1) In implementing this section, the department or an

authorized representative of the department shall:

(1) follow the standards and procedures described by

Section 2310.203 [adopted by the department] for collecting,

sampling, and handling motor fuel;

(2) obtain the approval of the executive director or

the executive director's designee before taking any action under

this section; and

(3) place a tag or other notice on each motor fuel

dispensing device subject to an order issued by the department

under this section.

SECTION 2. Section 2310.107, Occupations Code, is amended

to read as follows:

Sec. 2310.107. TOLERANCES. The commission shall by rule

set the specifications [Specifications] and tolerances for motor

fuel metering devices to [shall] be the same as the most recently

adopted or amended standards [those] recommended by the National

Institute of Standards and Technology at the time the device is

used.

SECTION 3. Subchapter E, Chapter 2310, Occupations Code, is

amended by adding Section 2310.2016 to read as follows:

Sec. 2310.2016. MOTOR FUEL QUALITY STANDARDS. (a) The

commission shall by rule set the minimum quality standards for

motor fuel sold or offered for sale in this state to the most

recently adopted or amended petroleum standards on the date of the

sale by ASTM International.

(b) The commission shall adopt rules to ensure that, except

as provided by Section 2310.2031, gasoline or gasoline blended with

ethanol that is sold or offered for sale in this state meets the

standard specification requirements applicable to the period and

region, as described in the most recent edition of ASTM

International's publication D4814, "Standard Specification for

Automotive Spark-Ignition Engine Fuel."

SECTION 4. The heading to Section 2310.203, Occupations

Code, is amended to read as follows:

Sec. 2310.203. [TESTING OF] MOTOR FUEL QUALITY TESTING

STANDARDS AND PROCEDURES.

SECTION 5. Sections 2310.203(a) and (c-1), Occupations

Code, are amended to read as follows:

(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 motor fuel quality

[minimum] standards described [required] by Section 2310.2016

[2310.202].

(c-1) The commission shall adopt rules regulating the

methods and procedures applicable to motor fuel testing under this

section. The rules adopted under this subsection must provide that

the applicable standard for motor fuel testing is ASTM

International's most recently adopted or amended standard on the

date of the test.

SECTION 6. Subchapter E, Chapter 2310, Occupations Code, is

amended by adding Section 2310.2031 to read as follows:

Sec. 2310.2031. EXCEPTIONS TO MOTOR FUEL QUALITY STANDARDS.

(a) Gasoline or gasoline blended with ethanol that is sold or

offered for sale in this state during periods when areas within this

state on either side of the meridian of 99° 00' west longitude line

on opposite sides of the line have different volatility classes

under the most recently adopted Schedule of U.S. Seasonal and

Geographic Volatility Classes in ASTM International's publication

D4814, "Standard Specification for Automotive Spark-Ignition

Engine Fuel," conforms with this chapter and commission rules if it

complies with the volatility class for either area.

(b) Gasoline sold or offered for sale in this state conforms

with the Driveability Index provided in the Vapor Pressure and

Distillation Class Requirements in the most recently adopted

version of ASTM International's publication D4814, "Standard

Specification for Automotive Spark-Ignition Engine Fuel," if it

meets or exceeds vapor pressure and distillation class AAA, AA, or

A.

(c) Gasoline blended with up to 15 volume percent ethanol is

granted a vapor pressure tolerance waiver of 1.0 pound per square

inch except for gasoline blends sold or offered for sale beginning

May 1 and ending October 1 each year in counties required to comply

with low emissions motor fuel standards.

(d) Seasonal specifications for vapor pressure may be

extended for a maximum period of 15 days to allow for the

distribution of existing stocks. New stocks of a higher volatility

classification may not be offered for retail sale in this state

before the effective date of the higher volatility classification.

(e) The vapor-to-liquid ratio specification under this

section does not apply to gasoline or gasoline ethanol blends.

(f) This section may not be construed to interfere with

regulations for low emissions motor fuels adopted by this state to

comply with federal law.

SECTION 7. Section 2310.202, Occupations Code, is repealed.

SECTION 8. The changes in law made by this Act apply only to

a violation committed on or after the effective date of this Act. A

violation committed before the effective date of this Act is

governed by the law in effect when the violation was committed, and

the former law is continued in effect for that purpose. For

purposes of this section, a violation was committed before the

effective date of this Act if any element of the violation was

committed before that date.

SECTION 9. This Act takes effect immediately if it receives

a vote of two-thirds of all the members elected to each house, as

provided by Section 39, Article III, Texas Constitution. If this

Act does not receive the vote necessary for immediate effect, this

Act takes effect September 1, 2025.

______________________________
______________________________

President of the Senate
Speaker of the House

I certify that H.B. No. 4690 was passed by the House on May

14, 2025, by the following vote: Yeas 139, Nays 0, 3 present, not

voting; and that the House concurred in Senate amendments to H.B.

No. 4690 on May 30, 2025, by the following vote: Yeas 136, Nays 0,

2 present, not voting.

______________________________

Chief Clerk of the House

I certify that H.B. No. 4690 was passed by the Senate, with

amendments, on May 29, 2025, by the following vote: Yeas 30, Nays

1.

______________________________

Secretary of the Senate

APPROVED: __________________

Date

__________________

Governor