    AGRICULTURE CODE

    CHAPTER 13. WEIGHTS AND MEASURES

    SUBCHAPTER A. GENERAL PROVISIONS

    	§ 13.001.  DEFINITIONS.  (a)  In this chapter:
    		(1)  "Weight or measure" includes a weight, scale,
    beam, or measure of any kind;  an instrument or mechanical device
    for weighing or measuring;  and an appliance or accessory connected
    with an instrument or mechanical device for weighing or measuring.
    		(2)  "Sell" includes barter or exchange.
    	(b)  A reference to the weight of a commodity in this chapter
    is a reference to the net weight of the commodity.

    Acts 1981, 67th Leg., p. 1022, ch. 388, § 1, eff. Sept. 1, 1981.

    	§ 13.002.  ENFORCEMENT OF CHAPTER.  (a)  The department
    shall enforce the provisions of this chapter and shall supervise
    all weights and measures sold or offered for sale in this state.
    The department may purchase apparatus as necessary for the
    administration of this chapter.
    	(b)  The department shall, to the extent practical and cost
    effective, allow another state agency by interagency contract to
    execute the department's responsibilities under Subsection (a).
    The contract may cover the whole state or only a specified region.

    Acts 1981, 67th Leg., p. 1023, ch. 388, § 1, eff. Sept. 1, 1981.
    Amended by Acts 1995, 74th Leg., ch. 419, § 4.01, eff. Sept. 1,
    1995.

    	§ 13.004.  EXPENSES.  The commissioner and chief deputy
    of weights and measures are entitled to reimbursement for actual
    expenses while traveling on state business.

    Acts 1981, 67th Leg., p. 1023, ch. 388, § 1, eff. Sept. 1, 1981.

    	§ 13.007.  CIVIL PENALTY;  INJUNCTION.  (a)  A person who
    violates this chapter or a rule adopted under this chapter is liable
    to the state for a civil penalty not to exceed $500 for each
    violation.  Each day a violation continues may be considered a
    separate violation for purposes of a civil penalty assessment.
    	(b)  On request of the department, the attorney general or
    the county attorney or district attorney of the county in which the
    violation is alleged to have occurred shall file suit to collect the
    penalty.
    	(c)  A civil penalty collected under this section shall be
    deposited in the state treasury to the credit of the General Revenue
    Fund. All civil penalties recovered in suits first instituted by a
    local government or governments under this section shall be equally
    divided between the State of Texas and the local government or
    governments with 50 percent of the recovery to be paid to the
    General Revenue Fund and the other 50 percent equally to the local
    government or governments first instituting the suit.
    	(d)  The department is entitled to appropriate injunctive
    relief to prevent or abate a violation of this chapter or a rule
    adopted under this chapter.  On request of the department, the
    attorney general or the county or district attorney of the county in
    which the alleged violation is threatened or is occurring shall
    file suit for the injunctive relief.  Venue is in the county in
    which the alleged violation is threatened or is occurring.

    Added by Acts 1989, 71st Leg., ch. 230, § 19, eff. Sept. 1, 1989.

    SUBCHAPTER B. STANDARD WEIGHTS AND MEASURES

    	§ 13.021.  LEGAL STANDARDS.  (a)  The legal standard of
    weights and measures in this state is the standard of weights and
    measures adopted and used by the government of the United States.
    If the United States does not provide a standard of weight or
    measure for a commodity, the standard for that commodity is that
    established by this subchapter.
    	(b)  The department may adopt rules for the purpose of
    administering this subchapter and bringing about uniformity
    between the standards established under this subchapter and the
    standards established by federal law.  A person who violates a rule
    adopted under this subsection commits an offense.
    	(c)  Except as otherwise provided by an express contract, a
    contract for work or sales by weight or measure shall be construed
    in accordance with the standards of this subchapter.
    	(d)  The standards of this subchapter shall be the guide for
    making any adjustment of weights or measures under the law of this
    state.

    Acts 1981, 67th Leg., p. 1023, ch. 388, § 1, eff. Sept. 1, 1981.

    	§ 13.022.  STANDARD FOR LENGTH AND SURFACE.  (a)  The
    standard unit of length and surface is the yard.  The yard is
    divided into three equal parts called feet.  Each foot is divided
    into 12 parts called inches.  All measures of extension, including
    lineal, superficial, and solid measures, shall be derived and
    ascertained from the yard.
    	(b)  For measure of a commodity commonly sold by the yard,
    including cloth, the yard may be divided into halves, quarters,
    eighths, and sixteenths.
    	(c)  The rod, pole, or perch contains 5-1/2 yards.  The mile
    contains 1,760 yards.  The Spanish vara contains 33-1/3 inches.
    	(d)  If land is measured by the English rule, the chain for
    measuring land shall be 22 yards long and divided into 100 equal
    parts called links.
    	(e)  For land measure, the acre is measured horizontally and
    contains 4,840 square yards, and a square mile contains 640 acres.

    Acts 1981, 67th Leg., p. 1024, ch. 388, § 1, eff. Sept. 1, 1981.

    	§ 13.023.  STANDARD FOR WEIGHT.  (a)  The standard for
    weight is the standard of avoirdupois and troy weights.  Other
    weights shall be derived and ascertained from that standard.
    	(b)  The avoirdupois pound bears to the troy pound the ratio
    of 7,000 grains to 5,760 grains.  The avoirdupois pound is divided
    into 16 equal parts called ounces.
    	(c)  The hundredweight consists of 100 avoirdupois pounds.
    The ton consists of 2,000 avoirdupois pounds.
    	(d)  The troy ounce is equal to one-twelfth of a troy pound.

    Acts 1981, 67th Leg., p. 1024, ch. 388, § 1, eff. Sept. 1, 1981.

    	§ 13.024.  STANDARD FOR LIQUID CAPACITY.  (a)  The
    standard unit of measure of capacity for liquids is the gallon.
    	(b)  The barrel consists of 31-1/2 gallons.  A hogshead
    consists of two barrels.  Except as provided by Subsection (c) of
    this section all other measures of capacity for liquids are derived
    from the gallon by continual division by two, making half gallons,
    quarts, pints, half pints, and gills.
    	(c)  A mechanism or machine that is adapted to measure and
    deliver liquid by volume and that indicates fractional parts of a
    gallon shall indicate the fractional parts either in terms of
    binary submultiple subdivisions or in terms of tenths of a gallon.

    Acts 1981, 67th Leg., p. 1024, ch. 388, § 1, eff. Sept. 1, 1981.

    	§ 13.025.  STANDARD FOR SOLID CAPACITY.  (a)  The
    standard unit of measure of capacity for a solid is the half bushel.
    	(b)  The peck, half-peck, quarter-peck, quart, and pint
    measures for solid commodities are derived from the half bushel by
    successively dividing that measure by two.
    	(c)  The bushel contains 2,150-42/100 cubic inches.  The half
    bushel contains 1,075-20/100 cubic inches.  The gallon contains 231
    cubic inches.
    	(d)  In measuring dry commodities, the measure may not be
    heaped but shall be stricken with a straight stick or roller.

    Acts 1981, 67th Leg., p. 1024, ch. 388, § 1, eff. Sept. 1, 1981.

    	§ 13.026.  CORD.  (a)  A cord is equal to 128 cubic feet
    or the contents of a space 8 feet long, 4 feet wide, and 4 feet high.
    	(b)  A cord of wood intended for use as fuel is the amount of
    wood contained in a space of 128 cubic feet when the wood is ranked
    and well-stowed and one-half the kerf of the wood is included.

    Acts 1981, 67th Leg., p. 1024, ch. 388, § 1, eff. Sept. 1, 1981.

    	§ 13.027.  STANDARD NET WEIGHT OR COUNT SET BY
    RULE.  (a)  The department by rule may establish a standard net
    weight or net count for any commodity and prescribe tolerances for
    those standards as the department considers necessary for the
    proper protection of the public.
    	(b)  A person commits an offense if the person fails or
    refuses to comply with the rules adopted under this section.

    Acts 1981, 67th Leg., p. 1025, ch. 388, § 1, eff. Sept. 1, 1981.

    	§ 13.028.  STANDARD WEIGHT PER BUSHEL FOR CERTAIN
    COMMODITIES.  If the following commodities are sold by the bushel
    and no agreement is made by the parties as to the measurement or
    weight, the bushel shall consist of the listed number of pounds:             barley                                                48 pounds
           shelled corn                                          56 pounds
           flax seed                                             56 pounds
           oats                                                  32 pounds
           rye                                                   56 pounds
           wheat                                                 60 pounds
           cottonseed                                            32 pounds

    Acts 1981, 67th Leg., p. 1025, ch. 388, § 1, eff. Sept. 1, 1981.

    	§ 13.030.  SALE OF COMMODITIES BY NET WEIGHT.  (a)  If a
    commodity is sold on the basis of weight, the net weight of the
    commodity shall be employed in the sale.  A contract concerning
    goods sold on the basis of weight shall be construed to employ net
    weight.
    	(b)  This section does not apply to bales of cotton.
    	(c)  A person commits an offense if, in the sale of a
    commodity by weight, the person employs a weight other than net
    weight.

    Acts 1981, 67th Leg., p. 1026, ch. 388, § 1, eff. Sept. 1, 1981.

    	§ 13.031.  SALE OF COMMODITIES BY PROPER
    MEASURE.  (a)  Except as otherwise provided by this section, a
    liquid commodity shall be sold by liquid measure.  A commodity,
    including a good, ware, or merchandise item, that is not liquid
    shall be sold by length, weight, or numerical count if the commodity
    has been or is capable of being sold by one of those measures.
    	(b)  A liquid commodity may be sold by other than liquid
    measure if sold for immediate consumption on the premises where
    sold.
    	(c)  A liquid commodity may be sold by weight if there is a
    general consumer usage to express the quantity of the commodity by
    weight and the expression gives accurate information as to the
    weight of the commodity.
    	(d)  This section does not prevent the sale of:
    		(1)  fruits, vegetables, or other dry commodities in
    the standard barrel or by other method provided for by state or
    federal law;
    		(2)  berries and small fruits in boxes as provided for
    by other state law;  or
    		(3)  vegetables or fruits by the head or bunch if the
    vegetable or fruit is usually sold in that manner.
    	(e)  This section does not apply to a commodity in an
    original package, which includes any wholesale or retail package,
    carton, case, can, barrel, bottle, box, phial, or other receptacle,
    or the coverings or wrappings of a commodity, that is put up by the
    manufacturer, that may be labeled, branded, stenciled, or otherwise
    marked, and that makes one complete package.
    	(f)  A person commits an offense if in violation of this
    section the person sells a liquid commodity by other than liquid
    measure or a commodity that is not liquid by a measure other than
    length, weight, or numerical count.

    Acts 1981, 67th Leg., p. 1026, ch. 388, § 1, eff. Sept. 1, 1981.

    	§ 13.032.  STANDARD FILL AND QUANTITY LABELING FOR
    COMMODITIES IN PACKAGE FORM.  (a)  For the purpose of preventing
    the sale of commodities in package form with containers that
    mislead the purchaser as to quantity, the department by rule may
    establish a standard fill for commodities in package form.  The
    rules must be reasonable with respect to the physical
    characteristics of the container, the prevailing method of handling
    and transporting the package, and generally accepted good
    commercial practice in filling methods.  The rules shall provide
    for reasonable variations and tolerances.
    	(b)  Except as otherwise provided by this section, a
    commodity in package form shall be plainly and conspicuously marked
    on the outside of the package with:
    		(1)  the net quantity of the contents in terms of
    weight, measure, numerical count, or a combination thereof, which
    is generally used by consumers and users to express the quantity of
    such commodity;  and
    		(2)  the name and place of business of the
    manufacturer, packer, or distributor.
    	(c)  The department by rule shall provide exemptions from the
    requirements of Subsection (b)(1) of this section for small
    packages and from the requirements of Subsection (b)(2) of this
    section for packages sold on the premises where packed.
    	(d)  The department by rule shall prescribe reasonable
    variations or tolerances for the statement of net quantity required
    under Subsection (b)(1) of this section.
    	(e)  A box or carton used for shipping purposes containing a
    number of packages that are individually marked in accordance with
    Subsection (b) of this section is not required to be marked in
    accordance with that subsection.
    	(f)  A commodity is in package form if for wholesale or
    retail it:
    		(1)  is in a package, carton, case, can, box, bag,
    barrel, bottle, or phial, on a spool or similar holder, in a
    container or band, in a roll, ball, coil, skein, or other
    receptacle, or in coverings or wrappings of any kind;
    		(2)  is put up by the manufacturer or, if put up prior
    to ordering, by the vendor;
    		(3)  is suitable for labeling, branding, stenciling, or
    marking in another manner;  and
    		(4)  makes one complete package.
    	(g)  This section does not apply to bales of cotton,
    commodities in package form of which the manner of sale is regulated
    by other law, or to stationery in tablet form.
    	(h)  A person commits an offense if the person sells, keeps
    for sale, or offers or exposes for sale a commodity in package form
    that is:
    		(1)  not labeled in accordance with this section;
    		(2)  in a container that is made, formed, filled, or
    wrapped so as to mislead the purchaser as to the quantity of the
    contents;  or
    		(3)  in a container the contents of which fall below the
    standard fill prescribed by rule under Subsection (a) of this
    section.

    Acts 1981, 67th Leg., p. 1026, ch. 388, § 1, eff. Sept. 1, 1981.
    Amended by Acts 1985, 69th Leg., ch. 276, § 1, eff. Aug. 26,
    1985.

    	§ 13.033.  SALE OF MILK OR CREAM IN NONSTANDARD
    CONTAINER.  A person commits an offense if the person sells or
    keeps, offers, or exposes for sale milk or cream in bottles or other
    containers of a capacity other than one of the standard liquid
    measures provided for by Section 13.024 of this code.

    Acts 1981, 67th Leg., p. 1027, ch. 388, § 1, eff. Sept. 1, 1981.

    	§ 13.034.  SALE OF CHEESE, MEAT, OR MEAT FOOD PRODUCT BY
    NONSTANDARD WEIGHT.  (a)  Except as otherwise provided by this
    section or Section 13.032 of this code, cheese, meat, and meat food
    products shall be sold by standard net weight.
    	(b)  Cheese, meat, or a meat food product may be sold by other
    than standard net weight if sold for immediate consumption on the
    premises where sold.
    	(c)  Poultry may be sold by live weight if weighed at the time
    of sale.  Poultry dressed or killed prior to the time of sale,
    whether cooked or uncooked, shall be sold by net weight at the time
    of sale.  Fresh-cooked poultry may be sold by the piece or by the
    head.
    	(d)  A person commits an offense if, in violation of this
    section, the person sells or keeps, offers, or exposes for sale
    cheese, meat, or a meat food product by a measure other than
    standard net weight.
    	(e)  In this section:
    		(1)  "Meat or meat food product" includes fresh, cured,
    or salt meats;  poultry;  fish;  sausage;  chili;  headcheese;  souse
    meat;  loaf meat;  boneless meat;  shredded meat;  hamburger;  and
    any other manufactured, prepared, or processed meat or meat food
    product.
    		(2)  "Poultry" includes turkeys, chickens, ducks,
    geese, guineas, squabs, and all other domesticated fowl.

    Acts 1981, 67th Leg., p. 1027, ch. 388, § 1, eff. Sept. 1, 1981.

    	§ 13.035.  PRICE ADVERTISEMENT;  MISREPRESENTATION OF
    PRICE OR QUANTITY.  (a)  If a price sign, card, tag, poster, or
    other advertisement displaying the price of a commodity or other
    item includes a whole number and a fraction, the figures in the
    fraction shall be of proportionate size and legibility to those of
    the whole number.
    	(b)  A person commits an offense if the person:
    		(1)  misrepresents the price of a commodity, item, of
    service sold or offered or exposed for sale;  or
    		(2)  represents the price or the quantity of a
    commodity, item, or service sold or offered or exposed for sale in a
    manner intended or tending to mislead or deceive an actual or
    prospective customer.

    Acts 1981, 67th Leg., p. 1028, ch. 388, § 1, eff. Sept. 1, 1981.

    	§ 13.036.  FALSE REPRESENTATION OF COMMODITY
    QUANTITY.  A person commits an offense if the person or the
    person's servant or agent:
    		(1)  sells or offers or exposes for sale a quantity of a
    commodity or service that is less than the quantity the person
    represents;  or
    		(2)  as a buyer furnishing the weight or measure by
    which the amount of a commodity or service is determined, takes or
    attempts to take more than the quantity the person represents.

    Acts 1981, 67th Leg., p. 1028, ch. 388, § 1, eff. Sept. 1, 1981.

    	§ 13.037.  USE OF FALSE WEIGHT OR MEASURE.  (a)  A person
    commits an offense if the person or the person's servant or agent
    uses a false weight or measure in:
    		(1)  buying or selling a commodity;
    		(2)  computing a charge for services rendered on the
    basis of weight or measure;  or
    		(3)  determining the weight or measure of a commodity,
    if a charge is made for the determination.
    	(b)  For the purpose of this section, a weight or measure is
    false 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 established by the department under Section 13.114 of
    this code.

    Acts 1981, 67th Leg., p. 1028, ch. 388, § 1, eff. Sept. 1, 1981.

    	§ 13.038.  SALE OF COMMODITY IN VIOLATION OF
    SUBCHAPTER.  A person commits an offense if the person or the
    person's servant or agent sells or keeps, offers, or exposes for
    sale a commodity in violation of this subchapter.

    Acts 1981, 67th Leg., p. 1029, ch. 388, § 1, eff. Sept. 1, 1981.

    	§ 13.039.  TESTING OF PACKAGE BY SEALER.  (a)  A sealer
    appointed under Subchapter C of this chapter shall from time to time
    weigh or measure a package, or an amount of any commodity, that is
    kept or offered for sale, sold, or in the process of delivery, in
    order to determine:
    		(1)  if the commodity is of the amount or quantity
    represented;  or
    		(2)  if the commodity is being offered for sale or sold
    in accordance with law.
    	(b)  If a sealer finds that a package or any lot of a
    commodity contains less of the commodity than the amount
    represented, the sealer may seize the package or the commodity as
    evidence.
    	(c)  A person commits an offense if the person or the
    person's employee or agent refuses to exhibit a commodity being
    sold or offered for sale at a given weight or quantity, or
    ordinarily sold in that manner, to a sealer for testing and proving
    as to quantity.

    Acts 1981, 67th Leg., p. 1029, ch. 388, § 1, eff. Sept. 1, 1981.

    	§ 13.040.  STOP-SALE ORDER.  (a)  If the department has
    reason to believe that a commodity is being sold or kept, offered,
    or exposed for sale in violation of Section 13.030, 13.031, 13.032,
    13.033, 13.034, 13.035, 13.036, or 13.037 of this code, the
    department may issue and enforce a written or printed order to stop
    the sale of the commodity.  The department shall present the order
    to the owner or custodian of the commodity.  The person receiving
    the order may not sell the commodity until discharged by a court
    under Subsection (b) of this section or until the commissioner
    finds that the commodity is in compliance with the applicable
    section.
    	(b)  The owner or custodian of a commodity prohibited from
    sale by an order of the department is entitled to sue in a court of
    competent jurisdiction where the commodity is found for a judgment
    as to the justification of the order and for the discharge of the
    commodity in accordance with the findings of the court.
    	(c)  This section does not limit the right of the department
    to proceed as authorized by other sections of this subchapter.

    Acts 1981, 67th Leg., p. 1029, ch. 388, § 1, eff. Sept. 1, 1981.

    	§ 13.041.  PENALTIES;  DEFENSE.  (a)  An offense under
    Section 13.021, 13.027, 13.029, or each of Sections 13.030 through
    13.039 of this code is a Class C misdemeanor.
    	(b)  It is a defense to prosecution under Sections
    13.030-13.038 of this code that a discrepancy between the actual
    weight or volume at the time of sale to a consumer and the weight
    marked on the container or a discrepancy between the fill of a
    container and the capacity of the container is due to unavoidable
    leakage, shrinkage, evaporation, waste, or causes beyond the
    control of the seller acting in good faith.

    Acts 1981, 67th Leg., p. 1029, ch. 388, § 1, eff. Sept. 1, 1981.
    Amended by Acts 1989, 71st Leg., ch. 230, § 20, eff. Sept. 1,
    1989.

    SUBCHAPTER C. INSPECTION AND REGISTRATION OF WEIGHTS AND MEASURES

    	§ 13.101.  REQUIRED INSPECTION.  (a)  At least once
    every four years, or more often as required by the department, a
    weight or measure shall be inspected and tested for correctness by a
    sealer if it:
    		(1)  is kept for sale, sold, or used by a proprietor,
    agent, lessee, or employee in proving the weight or measure,
    including the size, quantity, extent, or area, of any item;  or
    		(2)  is purchased, offered, or submitted by a
    proprietor, agent, lessee, or employee for sale, hire, or award.
    	(b)  The department shall, to the extent necessary to ensure
    compliance with the official standards, require additional
    inspection and testing of weights and measures.
    	(c)  A person who uses or keeps for use, or has or offers for
    sale, a weight or measure is responsible for having the weight or
    measure inspected and tested as required by this section.
    	(d)  Unless the department requires an additional
    inspection, a weight or measure that is inspected and found correct
    by a sealer may be kept for use, used, kept or offered for sale, or
    sold without further testing.

    Acts 1981, 67th Leg., p. 1030, ch. 388, § 1, eff. Sept. 1, 1981.
    Amended by Acts 1989, 71st Leg., ch. 230, § 21, eff. Sept. 1,
    1989;  Acts 2003, 78th Leg., ch. 122, § 1, eff. Sept. 1, 2003;
    Acts 2003, 78th Leg., ch. 200, § 4(b), eff. Sept. 1, 2003.

    	§ 13.1011.  REQUIRED REGISTRATION.  (a)  A person who
    operates a pump, scale, or bulk or liquefied petroleum gas metering
    device for a commercial transaction must register annually with the
    department.
    	(b)  The department shall establish a system of annual
    registration and may provide for staggered year-round
    registration.
    	(c)  If a person fails to register as required by this
    section and pay the fee required under Section 13.1151 of this code,
    the department may assess a late fee against the person, prohibit
    the operation of the pump, scale, or metering device, or both assess
    the fee and prohibit the operation of the pump, scale, or metering
    device.
    	(d)  The department shall adopt rules for the administration
    of this section and Section 13.1151 of this code.
    	(e)  In this section, "pump" means a gasoline, kerosene, or
    diesel fuel pump.

    Added by Acts 1985, 69th Leg., ch. 239, § 57(a), eff. Sept. 1,
    1985.

    	§ 13.1012.  SERVICE PERSON REGISTRATION
    REQUIREMENT.  (a)  A person may not place into service or remove
    any out-of-order tag from any weighing or measuring devices unless
    the person holds a registration issued under this section or is
    licensed under Subchapter F, G, or H.
    	(b)  The department shall register a person who meets the
    requirements of the department adopted under this section, which
    may include:
    		(1)  proof of completion of a department-approved
    academic, trade, or professional course of instruction;  and
    		(2)  a written examination.
    	(c)  Each registrant under this section shall conduct
    installation or service activities in compliance with the rules of
    the department.
    	(d)  A registrant shall maintain and submit to the department
    a report and record of all installation or service activities
    compiled in accordance with the rules of the department.
    	(e)  The department may conduct an inspection of an
    applicant's or registrant's:
    		(1)  facilities;
    		(2)  inspecting and testing equipment and procedures;
    		(3)  repair and calibration equipment and procedures;
    and
    		(4)  transportation equipment.
    	(f)  An application for a registration or renewal shall be
    submitted to the department on a form prescribed by the department,
    accompanied by a registration, renewal, or late fee, in an amount
    established by department rule.
    	(g)  A registration issued under this section shall be for a
    period determined by department rule.
    	(h)  The department may refuse to register an applicant for
    service of weighing and measuring devices if the applicant fails to
    comply with this section.
    	(i)  The department shall revoke, modify, or suspend a
    registration, assess an administrative penalty, place on probation
    a person whose registration has been suspended, or reprimand a
    registrant if the registrant fails to comply with this section or a
    rule adopted by the department under this section.

    Added by Acts 1995, 74th Leg., ch. 419, § 4.05, eff. Sept. 1,
    1995.

    	§ 13.102.  INSPECTION SEAL REQUIRED PRIOR TO
    SALE.  (a)  Except as provided by Subsection (b) or (c) of this
    section, a person may not sell a weight or measure unless it bears a
    valid inspection seal as to its correctness.
    	(b)  A weight or measure that has been tested, sealed, and
    certified correct by the National Institute of Standards and
    Technology may be kept or offered for sale or sold without being
    sealed under this subchapter.
    	(c)  A weight or measure that after sale must be assembled
    before use may be kept or offered for sale or sold without first
    being sealed under this subchapter but, unless otherwise approved
    by the department, must be tested and sealed under this subchapter
    before use for weighing or measuring.

    Acts 1981, 67th Leg., p. 1030, ch. 388, § 1, eff. Sept. 1, 1981.
    Amended by Acts 1989, 71st Leg., ch. 230, § 22, eff. Sept. 1,
    1989.

    	§ 13.104.  STATE SEALERS.  (a)  The commissioner may
    appoint deputies, as provided for by appropriation, and inspectors,
    lecturers, and other employees of the department to serve as state
    sealers of weights and measures.
    	(b)  The jurisdiction of a state sealer is coextensive with
    the limits of the state.  A state sealer is entitled to inspect and
    test weights and measures in any district or locality designated by
    the department.
    	(c)  A deputy appointed to serve as state sealer is entitled
    to reimbursement for actual traveling expenses while traveling on
    the business of the state.

    Acts 1981, 67th Leg., p. 1031, ch. 388, § 1, eff. Sept. 1, 1981.

    	§ 13.108.  POWERS AND DUTIES OF SEALERS.  (a)  In
    addition to inspecting, testing, and sealing weights and measures,
    each sealer and deputy sealer shall:
    		(1)  preserve all copies of the standards used in
    conducting tests and keep the standards in safe and good order when
    not in use;
    		(2)  keep a record of all work performed, including
    inspections made, and the name and post office address of each
    party:
    			(A)  for whom a measurement, test weight, or
    inspection is made;
    			(B)  whose weight or measure is condemned;  or
    			(C)  who is prosecuted;  and
    		(3)  keep a record of all violations of this chapter and
    report those violations to the department.
    	(b)  Repealed by Acts 2003, 78th Leg., ch. 369, § 1(1).
    	(c)  Repealed by Acts 2003, 78th Leg., ch. 369, § 1(1).

    Acts 1981, 67th Leg., p. 1032, ch. 388, § 1, eff. Sept. 1, 1981.
    Amended by Acts 2003, 78th Leg., ch. 369, § 1(1), eff. Sept. 1,
    2003.

    	§ 13.109.  RULES GOVERNING SEALERS.  The department
    shall issue instructions and adopt rules governing state sealers as
    necessary to carry out the purposes of this chapter.

    Acts 1981, 67th Leg., p. 1032, ch. 388, § 1, eff. Sept. 1, 1981.
    Amended by Acts 2003, 78th Leg., ch. 369, § 3, eff. Sept. 1,
    2003.

    	§ 13.110.  INSPECTING, TESTING, AND SEALING.  (a)  In
    accordance with this subchapter, each sealer may inspect and test
    all weights and measures used in the locality to which the sealer is
    assigned.
    	(b)  If a sealer determines that a weight or measure
    corresponds to official standards, the sealer shall place a seal or
    mark on the weight or measure under the sealer's name showing the
    date of inspection and that the weight or measure is correct.  The
    sealer shall place the seal or mark so that it may be easily seen.

    Acts 1981, 67th Leg., p. 1032, ch. 388, § 1, eff. Sept. 1, 1981.
    Amended by Acts 1995, 74th Leg., ch. 419, § 4.02, eff. Sept. 1,
    1995;  Acts 2003, 78th Leg., ch. 369, § 4, eff. Sept. 1, 2003.

    	§ 13.111.  REPAIR OR DESTRUCTION OF INCORRECT WEIGHTS OR
    MEASURES.  (a)  If, in the judgment of the sealer, a weight or
    measure found to be incorrect is not capable of being repaired, the
    sealer may condemn, seize, and destroy the weight or measure.
    	(b)  If, in the judgment of the sealer, an incorrect weight
    or measure is capable of being repaired, the sealer shall place on
    the weight or measure a tag or other mark with the words "Out of
    Order."  The owner or user of the weight or measure may have it
    repaired within 30 days, but may not use or dispose of it until it is
    reinspected and sealed.  After repair, the owner or user shall
    notify the sealer and the sealer shall reinspect the weight or
    measure.  If it is found to be correct, the sealer shall remove the
    out-of-order tag and seal the weight or measure as provided by
    Section 13.110 of this code.
    	(c)  A person licensed under Subchapter H  shall offer to
    repair an incorrect weight or measure before taking the device out
    of service as provided under Subsection (b).  The weights and
    measures inspector may collect a fee for a repair made to a weight
    or measure.
    	(d)  A person licensed under Subchapter F, G, or H:
    		(1)  may not collect a fee for the first inspection of a
    device after the device is taken out of service under Subsection
    (b);  and
    		(2)  shall provide the owner or user of a device taken
    out of service under Subsection (b) with a detailed written
    estimate of the cost of repair of the device.

    Acts 1981, 67th Leg., p. 1032, ch. 388, § 1, eff. Sept. 1, 1981.
    Amended by Acts 1995, 74th Leg., ch. 419, § 4.03, eff. Sept. 1,
    1995.

    	§ 13.112.  TESTS FOR STATE INSTITUTIONS.  As requested by
    the State Purchasing and General Services Commission or the
    governing body of a state institution, the department shall test
    each weight or measure used by a state institution for any purpose,
    including a weight or measure used in checking the receipt and
    distribution of supplies.  The department shall report results of
    the test to the chairman of the governing body of the institution.

    Acts 1981, 67th Leg., p. 1033, ch. 388, § 1, eff. Sept. 1, 1981.
    Amended by Acts 1989, 71st Leg., ch. 230, § 23, eff. Sept. 1,
    1989.

    	§ 13.113.  STANDARDS USED IN INSPECTION.  (a)  The
    standards of weights and measures received from the United States
    and certified by the National Institute of Standards and Technology
    are the state's standards by which all state and local standards of
    weights and measures are tried, authenticated, proved, and sealed.
    	(b)  The department shall maintain the official standards in
    a safe and suitable place in the offices of the department.  The
    standards may not be moved except for repairs or certification.  The
    department shall maintain the standards in good order and shall
    submit them to the National Institute of Standards and Technology
    for certification at least once each 10 years.
    	(c)  In addition to the standards kept by the state, the
    department shall maintain a complete set of copies of the original
    standards for use in adjusting local standards or in the
    performance of other official duties.  The department may purchase
    additional sets of standards as necessary for use by state sealers.
    	(d)  At the request of a city, the department shall furnish
    the city with copies of the state's standards or test and approve
    other standards acquired by the city.  The city shall reimburse the
    state for the actual cost of the standards furnished, plus the costs
    of freight and certification.  All standards furnished to or tested
    for a city shall be true and correct, sealed and certified by the
    commissioner, and stamped with the letter "C".  The copies used by a
    city may be of any suitable material or construction that the city
    requests, subject to approval by the department.
    	(e)  The department shall inspect and correct the standards
    used by a local sealer at least once every two years.  The
    department shall keep a record of the inspection and character of
    weights and measures inspected under this subsection.  The city
    shall pay all expenses incurred in inspections under this
    subsection.

    Acts 1981, 67th Leg., p. 1033, ch. 388, § 1, eff. Sept. 1, 1981.
    Amended by Acts 1989, 71st Leg., ch. 230, § 24, eff. Sept. 1,
    1989.

    	§ 13.114.  TOLERANCES.  (a)  The department shall
    establish tolerances and specifications for commercial weighing
    and measuring apparatus used in this state.  The tolerances and
    specifications shall be similar to those recommended by the
    National Institute of Standards and Technology.
    	(b)  A person commits an offense if the person fails or
    refuses to comply with the tolerances and specifications
    established under this section.

    Acts 1981, 67th Leg., p. 1033, ch. 388, § 1, eff. Sept. 1, 1981.
    Amended by Acts 1989, 71st Leg., ch. 230, § 25, eff. Sept. 1,
    1989.

    	§ 13.115.  FEES FOR DEPARTMENT INSPECTION.  (a)  The
    department shall collect a fee in accordance with this section for
    each test of a weight or measure required by this subchapter or
    performed on request of the owner.
    	(b)  Repealed by Acts 1995, 74th Leg., ch. 419, §
    10.09(5), eff. Sept. 1, 1995.
    	(c)  The department shall charge a fee, as provided by
    department rule, for tolerance testing of a weight by the
    department's metrology laboratory.
    	(d)  The department shall charge a fee, as provided by
    department rule, for tolerance testing of a measure by the
    department's metrology laboratory.
    	(e)  The department shall charge a fee, as provided by
    department rule, for precision testing performed by the
    department's metrology laboratory.
    	(f)  The department shall charge a fee, as provided by
    department rule, for precision testing of tapes, rules, glassware,
    and other measuring devices performed by the department's metrology
    laboratory.
    	(g)  The department may collect the fees prescribed by this
    section only once annually unless requested to perform additional
    tests by the owner of the weight or measure.
    	(h)  This section does not prevent a city from operating an
    agency for the testing of weights and measures.

    Acts 1981, 67th Leg., p. 1034, ch. 388, § 1, eff. Sept. 1, 1981.
    Amended by Acts 1983, 68th Leg., p. 4282, ch. 682, § 1, eff.
    Sept. 1, 1983;  Acts 1985, 69th Leg., ch. 239, § 57(c), (d), eff.
    Sept. 1, 1985;  Acts 1991, 72nd Leg., 1st C.S., ch. 5, § 9.02,
    eff. Sept. 1, 1991;  Acts 1995, 74th Leg., ch. 419, § 2.06,
    10.09(5), eff. Sept. 1, 1995.

    	§ 13.1151.  FEES FOR REGISTRATION.  (a)  The department
    may charge a fee for the registration of a pump, scale, or bulk or
    liquefied petroleum gas metering device registered under Section
    13.1011 of this code.  The department shall determine the amount of
    the fee based on the number and the capacity of the scales, pumps,
    or metering devices being operated.
    	(b)  The department shall charge an annual fee, as provided
    by department rule, for registration of a pump.
    	(c)  The department shall charge an annual fee, as provided
    by department rule, for registration of a scale.
    	(d)  The department shall charge an annual fee, as provided
    by department rule, for registration of a bulk or liquefied
    petroleum gas metering device.
    	(e)  A fee charged under this section is due on the
    registration date set by the department.
    	(f)  The department may assess a late fee against a person
    who fails to make timely payment of an annual registration fee.

    Added by Acts 1985, 69th Leg., ch. 239, § 57(a), eff. Sept. 1,
    1985.  Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 5, § 9.03,
    eff. Sept. 1, 1991;  Acts 1995, 74th Leg., ch. 419, § 2.07, eff.
    Sept. 1, 1995.

    	§ 13.116.  USE OR SALE OF UNSEALED WEIGHT OR
    MEASURE.  (a)  A person commits an offense if the person or the
    person's servant or agent:
    		(1)  offers or exposes for sale, hire, or award or sells
    an unsealed weight or measure;
    		(2)  uses an unsealed weight or measure in:
    			(A)  buying or selling a commodity or item;
    			(B)  computing a charge for services rendered on
    the basis of weight or measure;  or
    			(C)  determining a weight or measure, if a charge
    is made for that determination;  or
    		(3)  possesses an unsealed weight or measure.
    	(b)  In this section, a weight or measure is unsealed if it
    has not been sealed within the past year in accordance with this
    subchapter.

    Acts 1981, 67th Leg., p. 1035, ch. 388, § 1, eff. Sept. 1, 1981.

    	§ 13.117.  REFUSING TO PERMIT TEST OF WEIGHT OR
    MEASURE.  A person commits an offense if the person neglects or
    refuses to exhibit a weight or measure under the person's control or
    in the person's possession to the department or a sealer for
    inspection or examination as required by law.

    Acts 1981, 67th Leg., p. 1035, ch. 388, § 1, eff. Sept. 1, 1981.

    	§ 13.118.  HINDERING SEALER.  A person commits an offense
    if the person hinders or obstructs in any way the department or a
    sealer in the performance of official duties.

    Acts 1981, 67th Leg., p. 1035, ch. 388, § 1, eff. Sept. 1, 1981.

    	§ 13.119.  REMOVAL OF SEALER'S TAG.  A person commits an
    offense if the person removes or obliterates a tag or device placed
    on a weight or measure under Section 13.110 or 13.111 of this code.

    Acts 1981, 67th Leg., p. 1035, ch. 388, § 1, eff. Sept. 1, 1981.

    	§ 13.120.  SALE OR USE OF FALSE WEIGHTS OR
    MEASURES.  (a)  The department may condemn and prohibit the sale or
    distribution of any false weight or measure that is sold, offered
    for sale, or about to be sold in this state.
    	(b)  A person commits an offense if the person or the
    person's servant or agent:
    		(1)  offers or exposes for sale, hire, or award or sells
    a false weight or measure;
    		(2)  possesses a false weight or measure;  or
    		(3)  sells, offers for sale, uses, or possesses for the
    purpose of sale or use a device or instrument to be used to falsify
    or intended to falsify a weight or measure.
    	(c)  In this section, "false weight or measure" has the
    meaning assigned by Section 13.037 of this code.

    Acts 1981, 67th Leg., p. 1035, ch. 388, § 1, eff. Sept. 1, 1981.

    	§ 13.121.  DISPOSING OF CONDEMNED WEIGHT.  A person
    commits an offense if the person or the person's servant or agent
    disposes of a weight or measure condemned under Section 13.111 or
    13.120 of this code in a manner contrary to those sections.

    Acts 1981, 67th Leg., p. 1036, ch. 388, § 1, eff. Sept. 1, 1981.

    	§ 13.122.  PENALTIES.  An offense under Section 13.114 or
    each of Sections 13.116 through 13.121 is a Class C misdemeanor.

    Acts 1981, 67th Leg., p. 1036, ch. 388, § 1, eff. Sept. 1, 1981.
    Amended by Acts 1989, 71st Leg., ch. 230, § 26, eff. Sept. 1,
    1989;  Acts 2003, 78th Leg., ch. 369, § 5, eff. Sept. 1, 2003.

    SUBCHAPTER E. PUBLIC WEIGHER

    	§ 13.251.  DEFINITION.  In this subchapter, "public
    weigher" means a person who is elected or appointed to issue an
    official certificate declaring the accurate weight or measure of a
    commodity that the person is requested to weigh.

    Acts 1981, 67th Leg., p. 1039, ch. 388, § 1, eff. Sept. 1, 1981.
    Amended by Acts 1981, 67th Leg., p. 2592, ch. 693, § 14, eff.
    Sept. 1, 1981.

    	§ 13.252.  APPOINTMENT OF PUBLIC WEIGHERS.  (a)  The
    department may appoint public weighers of the following
    classifications:
    		(1)  appointed county public weighers, who may issue an
    official certificate only for the weight or measure of a commodity
    weighed in the county for which the public weigher is appointed;
    and
    		(2)  state public weighers, who may issue an official
    certificate for the weight or measure of a commodity weighed
    anywhere in the state.
    	(b)  An appointed public weigher serves for a term of two
    years.
    	(c)  An appointed county public weigher is not required to
    reside in the county for which the public weigher is appointed.

    Acts 1981, 67th Leg., p. 1039, ch. 388, § 1, eff. Sept. 1, 1981.
    Amended by Acts 1981, 67th Leg., p. 2592, ch. 693, § 14, eff.
    Sept. 1, 1981;  Acts 1993, 73rd Leg., ch. 50, § 1, eff. Sept. 1,
    1993.

    	§ 13.253.  ELECTION OF PUBLIC WEIGHERS.  (a)  The
    commissioners court of a county by order may provide for the
    election of a public weigher to serve only within the county for
    which the weigher is elected.  The department may appoint one or
    more county public weighers to serve in a county in addition to a
    public weigher elected under this section.
    	(b)  An elected county public weigher must obtain a
    certificate of authority as provided by Section 13.255 of this code
    and must execute a bond as provided by Section 13.256 of this code
    before issuing an official certificate of weight or measure.  A
    county public weigher elected under this section is subject to
    rules adopted by the commissioners court.
    	(c)  A public weigher elected under this section serves for a
    term of four years and may be removed from office under Chapter 87,
    Local Government Code.

    Acts 1981, 67th Leg., p. 1040, ch. 388, § 1, eff. Sept. 1, 1981.
    Amended by Acts 1981, 67th Leg., p. 2592, ch. 693, § 14, eff.
    Sept. 1, 1981;  Acts 1987, 70th Leg., ch. 149, § 29, eff. Sept. 1,
    1987;  Acts 1987, 70th Leg., ch. 190, § 1, eff. May 27, 1987.

    	§ 13.2535.  LOCAL OPTION ELECTION TO ABOLISH
    OFFICE.  (a)  The office of elected county public weigher is
    abolished in a county if the abolition is approved by a majority of
    the votes received at an election ordered under this section.  The
    commissioners court of the county shall order the election in the
    county if the court by order proposes that the office of elected
    county public weigher be abolished.  The commissioners court shall
    order the election to be held on the next authorized election date
    that occurs after the 45th day after the date of the court order
    proposing abolition of the office.
    	(b)  The commissioners court shall order the ballot for the
    election to be printed to provide for voting for or against the
    proposition:  "Abolishing the office of elected county public
    weigher."
    	(c)  The abolition of the office takes effect on the January
    1 following the date of the election.  After the abolition of the
    office, the commissioners court shall transfer to the department
    the records of the abolished office.

    Added by Acts 1993, 73rd Leg., ch. 211, § 1, eff. Aug. 30, 1993.

    	§ 13.254.  DEPUTY PUBLIC WEIGHERS.  (a)  A county public
    weigher, whether elected or appointed, may appoint the number of
    deputies that the public weigher believes necessary to assist the
    public weigher in weighing commodities within the county.  The
    deputy may not issue an official weight certificate for a commodity
    weighed outside the county for which the deputy is appointed.  A
    county public weigher shall notify the department of the
    appointment of a deputy.  A deputy public weigher may serve in
    office until the expiration of the term of the county public weigher
    who appointed the deputy.
    	(b)  A state public weigher may not appoint a deputy public
    weigher.
    	(c)  A deputy county public weigher is not required to live
    in the county for which the deputy county public weigher is
    appointed.

    Acts 1981, 67th Leg., p. 1040, ch. 388, § 1, eff. Sept. 1, 1981.
    Amended by Acts 1981, 67th Leg., p. 2592, ch. 693, § 14, eff.
    Sept. 1, 1981;  Acts 1993, 73rd Leg., ch. 50, § 2, eff. Sept. 1,
    1993.

    	§ 13.255.  CERTIFICATE.  (a)  A public weigher, whether
    elected or appointed, or deputy public weigher may not officially
    weigh a commodity unless the weigher has obtained from the
    department a certificate of authority.
    	(b)  A state public weigher must submit a nonrefundable fee,
    as provided by department rule, with the application for a
    certificate of authority.  A county public weigher or a deputy
    public weigher must submit a fee, as provided by department rule,
    with the application for a certificate of authority.

    Acts 1981, 67th Leg., p. 1040, ch. 388, § 1, eff. Sept. 1, 1981.
    Amended by Acts 1981, 67th Leg., p. 2592, ch. 693, § 14, eff.
    Sept. 1, 1981;  Acts 1985, 69th Leg., ch. 239, § 59, eff. Sept. 1,
    1985;  Acts 1989, 71st Leg., ch. 230, § 30, eff. Sept. 1, 1989;
    Acts 1991, 72nd Leg., 1st C.S., ch. 5, § 9.04, eff. Sept. 1,
    1991;  Acts 1995, 74th Leg., ch. 419, § 2.08, eff. Sept. 1, 1995.

    	§ 13.2555.  REVOCATION, MODIFICATION, OR SUSPENSION OF
    CERTIFICATE.  (a)  The department shall revoke, modify, or suspend
    the certificate of authority of an appointed public weigher or a
    deputy of an appointed county public weigher, assess an
    administrative penalty, place on probation the person whose
    certificate has been suspended, or reprimand an appointed public
    weigher or a deputy of an appointed county public weigher for a
    violation of this subchapter or a rule adopted by the department
    under this subchapter.
    	(b)  If a certificate suspension is probated, the department
    may require the person to:
    		(1)  report regularly to the department on matters that
    are the basis of the probation;
    		(2)  limit practice to the areas prescribed by the
    department;  or
    		(3)  continue or renew professional education until the
    person attains a degree of skill satisfactory to the department in
    those areas that are the basis of the probation.
    	(c)  If the department proposes to revoke, modify, or suspend
    a person's certificate, the person is entitled to a hearing
    conducted under Section 12.032.  The decision of the department is
    appealable in the same manner as provided for contested cases under
    Chapter 2001, Government Code.

    Added by Acts 1989, 71st Leg., ch. 230, § 31, eff. Sept. 1, 1989.
    Amended by Acts 1995, 74th Leg., ch. 76, § 5.95(49), eff. Sept.
    1, 1995;  Acts 1995, 74th Leg., ch. 419, § 3.03, eff. Sept. 1,
    1995.

    	§ 13.256.  BOND.  (a)  Each county public weigher,
    whether elected or appointed, and each deputy public weigher shall
    execute for the full term of office a bond that is in the amount of
    $2,500, approved by the department, and made payable to the county
    judge of the county for which the weigher is elected or appointed.
    The bond must be conditioned on the accurate weight or measure of a
    commodity being reflected on the certificate issued by the public
    weigher or deputy, on the protection of a commodity that the public
    weigher or deputy is requested to weigh or measure, and on
    compliance with all laws and rules governing public weighers.  The
    bond shall be filed with the county clerk's office in the county for
    which the public weigher or deputy is appointed or elected.  The
    bond is not void on first recovery.  A person injured by the public
    weigher may sue on the bond.
    	(b)  Each state public weigher shall execute a bond similar
    to the bond required under Subsection (a) of this section, except
    that the bond is for $10,000, made payable to the State of Texas,
    and filed with the department.

    Acts 1981, 67th Leg., p. 1040, ch. 388, § 1, eff. Sept. 1, 1981.
    Amended by Acts 1981, 67th Leg., p. 2593, ch. 693, § 14, eff.
    Sept. 1, 1981.

    	§ 13.257.  RECORDING OF WEIGHTS AND MEASURES.  (a)  On
    each certificate of weight or measure that a public weigher or
    deputy public weigher issues, the public weigher or deputy public
    weigher shall include the:
    		(1)  time and date that the weight or measurement was
    taken;
    		(2)  signature and license number of the public weigher
    or deputy public weigher;  and
    		(3)  seal of the department.
    	(b)  A public weigher shall retain in a well-bound book a
    copy of each certificate. The department and members of the general
    public may inspect the record on request.

    Acts 1981, 67th Leg., p. 1041, ch. 388, § 1, eff. Sept. 1, 1981.
    Amended by Acts 1981, 67th Leg., p. 2593, ch. 693, § 14, eff.
    Sept. 1, 1981;  Acts 1993, 73rd Leg., ch. 50, § 3, eff. Sept. 1,
    1993.

    	§ 13.258.  DUTIES OF THE DEPARTMENT.  The department
    shall supervise public weighers and shall adopt rules necessary to
    enforce this subchapter.  On application by an interested party,
    the department shall review the weight or measure of a commodity
    certified by a public weigher and may require the commodity to be
    reweighed or remeasured.

    Acts 1981, 67th Leg., p. 1041, ch. 388, § 1, eff. Sept. 1, 1981.
    Amended by Acts 1981, 67th Leg., p. 2593, ch. 693, § 14, eff.
    Sept. 1, 1981.

    	§ 13.259.  PENALTY FOR ISSUING A FALSE
    CERTIFICATE.  (a)  A public weigher or deputy public weigher who
    intentionally or knowingly issues a certificate of weight or
    measure giving a false weight or measure for a commodity weighed or
    measured commits an offense.
    	(b)  An offense under this section is a Class B misdemeanor.

    Acts 1981, 67th Leg., p. 1041, ch. 388, § 1, eff. Sept. 1, 1981.
    Amended by Acts 1981, 67th Leg., p. 2593, ch. 693, § 14, eff.
    Sept. 1, 1981.

    	§ 13.260.  PENALTY FOR ISSUING CERTIFICATE WITHOUT
    AUTHORITY.  (a)  A person who intentionally or knowingly issues an
    official certificate of weight or measure for any commodity without
    first obtaining a certificate of authority under Section 13.255 of
    this code, who issues an official certificate of weight or measure
    after revocation of the person's certificate of authority, or who
    issues an official certificate of weight or measure without
    executing a bond as required under Section 13.256 of this code
    commits an offense.
    	(b)  An offense under this section is a Class C misdemeanor.

    Acts 1981, 67th Leg., p. 1041, ch. 388, § 1, eff. Sept. 1, 1981.
    Amended by Acts 1981, 67th Leg., p. 2593, ch. 693, § 14, eff.
    Sept. 1, 1981.

    	§ 13.261.  POWER OF DEPARTMENT;  RULES.  The department
    may adopt rules governing the procedures to be followed in
    administering the fees imposed under this subchapter.

    Added by Acts 1985, 69th Leg., ch. 239, § 60, eff. Sept. 1, 1985.

    SUBCHAPTER F. INSPECTION AND TESTING OF LIQUEFIED PETROLEUM GAS
    METERS

    	§ 13.301.  DEFINITIONS.  In this subchapter:
    		(1)  "Person" means any individual, partnership, firm,
    corporation, association, or any other business entity.
    		(2)  "Liquefied petroleum gas meter" means a device
    which is used for the measurement of liquefied petroleum gas in a
    liquid state, whether the device is installed in a permanent
    location or mounted on a vehicle.

    Added by Acts 1993, 73rd Leg., ch. 1016, § 9, eff. Sept. 1, 1993.

    	§ 13.302.  LICENSE REQUIREMENT.  (a)  A person may not
    inspect or test liquefied petroleum gas meters unless the person
    holds a license issued under this subchapter.
    	(b)  The department shall issue a license to a person who
    meets the requirements of this subchapter.
    	(c)  Each license holder under this subchapter shall conduct
    inspecting or testing activities in compliance with the rules of
    the department.
    	(d)  A license holder shall maintain and submit to the
    department a report and record of all inspecting or testing
    activities compiled in accordance with the rules of the department.
    	(e)  A license shall not be required of a corporation,
    partnership, joint venture, or an employee of any such entity which
    owns or operates a natural gas treatment or extraction facility.

    Added by Acts 1993, 73rd Leg., ch. 1016, § 9, eff. Sept. 1, 1993.

    	§ 13.303.  GENERAL REQUIREMENTS FOR LICENSE ISSUANCE OR
    RENEWAL.  Before a license is issued or renewed by the department
    under this subchapter:
    		(1)  the person applying for the license or renewal of
    the license shall provide the department proof of completion of a
    department-approved academic, trade, or professional course of
    instruction required by the department's rules;
    		(2)  the person shall file with the department an
    insurance policy or other proof of insurance evidencing that the
    applicant has a completed operations liability insurance policy
    issued by an insurance company authorized to do business in this
    state or by a surplus lines insurer that meets the requirements of
    Chapter 981, Insurance Code, and rules adopted by the commissioner
    of insurance in an amount set by the department and based on the
    type of licensed activities to be provided;  and
    		(3)  the department, to verify compliance with trade
    practices, rules of the department, and this chapter, may conduct
    an inspection of the applicant's:
    			(A)  facilities;
    			(B)  inspecting and testing equipment and
    procedures;
    			(C)  repair and calibration equipment and
    procedures;  and
    			(D)  transportation equipment.

    Added by Acts 1993, 73rd Leg., ch. 1016, § 9, eff. Sept. 1, 1993.
    Amended by Acts 2003, 78th Leg., ch. 1276, § 10A.502, eff. Sept.
    1, 2003.

    	§ 13.304.  LICENSE AND RENEWAL;  FEES.  (a)  An
    application for a license shall be submitted to the department on a
    form prescribed by the department, accompanied by an annual license
    fee in an amount established by department rule.
    	(b)  A license issued under this subchapter expires on the
    anniversary date of the person's test equipment calibration, as
    such anniversary is defined by a department rule, and may be renewed
    by filing with the department a renewal application form prescribed
    by the department, accompanied by an annual license renewal fee in
    an amount established by department rule.
    	(c)  A person who fails to submit a license renewal fee on or
    before the expiration date of the license must pay, in addition to
    the license renewal fee, the late fee provided by Section 12.024 of
    this code.

    Added by Acts 1993, 73rd Leg., ch. 1016, § 9, eff. Sept. 1, 1993.
    Amended by Acts 1995, 74th Leg., ch. 419, § 2.09, eff. Sept. 1,
    1995.

    	§ 13.305.  DUTIES OF THE DEPARTMENT.  (a)  The
    department by rule may adopt a system to periodically monitor and
    inspect or test scales inspected and tested by the license holder.
    	(b)  The department by rule shall adopt guidelines to allow a
    representative of the license holder to perform functions of the
    license holder.
    	(c)  The department by rule may adopt additional
    requirements for the issuance of a license and for the denial of an
    application for a license or renewal of a license.  The rules
    adopted by the department shall be designed to protect the public
    health, safety, and welfare and the proper operation of liquefied
    petroleum gas meters.

    Added by Acts 1993, 73rd Leg., ch. 1016, § 9, eff. Sept. 1, 1993.

    	§ 13.306.  DENIAL, REVOCATION, MODIFICATION, OR
    SUSPENSION OF LICENSE.  (a)  The department may refuse to issue a
    license for inspecting or testing of liquefied gas meters if the
    applicant fails to comply with this subchapter.
    	(b)  The department shall revoke, modify, or suspend a
    license, assess an administrative penalty, place on probation a
    person whose license has been suspended, or reprimand a licensee if
    the licensee fails to comply with this subchapter or a rule adopted
    by the department under this subchapter.
    	(c)  If a license suspension is probated, the department may
    require the person to:
    		(1)  report regularly to the department on matters that
    are the basis of the probation;
    		(2)  limit practice to the areas prescribed by the
    department;  or
    		(3)  continue or renew professional education until the
    person attains a degree of skill satisfactory to the department in
    those areas that are the basis of the probation.
    	(d)  If the department proposed to deny a person's
    application for a license for inspecting or testing of liquefied
    gas meters or to revoke, modify, or suspend a person's license, the
    person is entitled to a hearing conducted under Section 12.032.  The
    decision of the department is appealable in the same manner as
    provided for contested cases under Chapter 2001, Government Code.

    Added by Acts 1993, 73rd Leg., ch. 1016, § 9, eff. Sept. 1, 1993.
    Amended by Acts 1995, 74th Leg., ch. 76, § 5.95(49), eff. Sept.
    1, 1995;  Acts 1995, 74th Leg., ch. 419, § 3.04, eff. Sept. 1,
    1995.

    	§ 13.307.  CIVIL PENALTY;  INJUNCTION.  (a)  A person who
    violates this subchapter or a rule adopted under this subchapter is
    liable to the state for a civil penalty of not less than $250 nor
    more than $10,000 for each violation.  Each day a violation
    continues may be considered a separate violation for purposes of a
    civil penalty assessment.
    	(b)  On request of the department, the attorney general or
    the county attorney or district attorney of the county in which the
    violation is alleged to have occurred shall file suit to collect the
    penalty.
    	(c)  A civil penalty collected under this section shall be
    deposited in the state treasury to the credit of the general revenue
    fund.  All civil penalties recovered in suits first instituted by a
    local government or governments under this section shall be equally
    divided between the State of Texas and the local government or
    governments with 50 percent of the recovery to be paid to the
    general revenue fund and the other 50 percent equally to the local
    government or governments first instituting the suit.
    	(d)  The department is entitled to appropriate injunctive
    relief to prevent or abate a violation of this subchapter or a rule
    adopted under this subchapter.  On request of the department, the
    attorney general or the county or district attorney of the county in
    which the alleged violation is threatened or is occurring shall
    file suit for the injunctive relief.  Venue is in the county in
    which the alleged violation is threatened or is occurring.

    Added by Acts 1993, 73rd Leg., ch. 1016, § 9, eff. Sept. 1, 1993.

    	§ 13.308.  CRIMINAL PENALTY.  (a)  An individual commits
    an offense if the individual is required to be licensed under this
    subchapter, is not licensed under this subchapter, and performs or
    offers to perform an inspection or test on a liquefied petroleum gas
    meter for compensation.
    	(b)  An offense under this section is a Class B misdemeanor.

    Added by Acts 1993, 73rd Leg., ch. 1016, § 9, eff. Sept. 1, 1993.

    SUBCHAPTER G. INSPECTION AND TESTING OF RANCH SCALES

    	§ 13.351.  DEFINITIONS.  In this subchapter:
    		(1)  "Person" means any individual, partnership, firm,
    corporation, association, or any other business entity.
    		(2)  "Ranch scale" means a livestock scale which is
    located on a private ranch and which has a capacity of 4,999 pounds
    or greater.

    Added by Acts 1993, 73rd Leg., ch. 419, § 1, eff. Sept. 1, 1993.

    	§ 13.352.  LICENSE REQUIREMENT.  (a)  A person may not
    inspect or test ranch scales unless the person holds a license
    issued under this subchapter.
    	(b)  The department shall issue a license to a person who
    meets the requirements of this subchapter.
    	(c)  Each license holder under this subchapter shall conduct
    inspecting or testing activities in compliance with the rules of
    the department.
    	(d)  A license holder shall maintain and submit to the
    department a report and record of all inspecting or testing
    activities compiled in accordance with the rules of the department.

    Added by Acts 1993, 73rd Leg., ch. 419, § 1, eff. Sept. 1, 1993.

    	§ 13.353.  GENERAL REQUIREMENTS FOR LICENSE ISSUANCE OR
    RENEWAL.  Before a license is issued or renewed by the department
    under this subchapter:
    		(1)  the person applying for the license or renewal of
    the license shall provide the department proof of completion of a
    department-approved academic, trade, or professional course of
    instruction required by the department's rules;
    		(2)  the person shall file with the department an
    insurance policy or other proof of insurance evidencing that the
    applicant has a completed operations liability insurance policy
    issued by an insurance company authorized to do business in this
    state or by a surplus lines insurer that meets the requirements of
    Chapter 981, Insurance Code, and rules adopted by the commissioner
    of insurance in an amount set by the department and based on the
    type of licensed activities to be provided;  and
    		(3)  the department, to verify compliance with trade
    practices, rules of the department, and this chapter, may conduct
    an inspection of the applicant's:
    			(A)  facilities;
    			(B)  inspecting and testing equipment and
    procedures;
    			(C)  repair and calibration equipment and
    procedures;  and
    			(D)  transportation equipment.

    Added by Acts 1993, 73rd Leg., ch. 419, § 1, eff. Sept. 1, 1993.
    Amended by Acts 2003, 78th Leg., ch. 1276, § 10A.503, eff. Sept.
    1, 2003.

    	§ 13.354.  LICENSE AND RENEWAL;  FEES.  (a)  An
    application for a license shall be submitted to the department on a
    form prescribed by the department, accompanied by an annual license
    fee in an amount established by department rule.
    	(b)  A license issued under this subchapter expires on the
    anniversary date of the person's test equipment calibration, as
    such anniversary is defined by department rule, and may be renewed
    by filing with the department a renewal application form prescribed
    by the department, accompanied by an annual license renewal fee in
    an amount established by department rule.
    	(c)  A person who fails to submit a license renewal fee on or
    before the expiration date of the license must pay, in addition to
    the license renewal fee, the late fee provided by Section 12.024 of
    this code.

    Added by Acts 1993, 73rd Leg., ch. 419, § 1, eff. Sept. 1, 1993.
    Amended by Acts 1995, 74th Leg., ch. 419, § 2.10, eff. Sept. 1,
    1995.

    	§ 13.355.  DUTIES OF THE DEPARTMENT.  (a)  The
    department by rule may adopt a system to periodically monitor and
    inspect or test scales inspected and tested by the license holder.
    	(b)  The department by rule shall adopt guidelines to allow a
    representative of the license holder to perform functions of the
    license holder.
    	(c)  The department by rule may adopt additional
    requirements for the issuance of a license and for the denial of an
    application for a license or renewal of a license.  The rules
    adopted by the department shall be designed to protect the public
    health, safety, and welfare and the proper operation of facilities
    having ranch scales.

    Added by Acts 1993, 73rd Leg., ch. 419, § 1, eff. Sept. 1, 1993.

    	§ 13.356.  DENIAL, REVOCATION, MODIFICATION, OR
    SUSPENSION OF LICENSE.  (a)  The department may refuse to issue a
    license for inspecting or testing of ranch scales if the applicant
    fails to comply with this subchapter.
    	(b)  The department shall revoke, modify, or suspend a
    license, assess an administrative penalty, place on probation a
    person whose license has been suspended, or reprimand a licensee if
    the licensee fails to comply with this subchapter or a rule adopted
    by the department under this subchapter.
    	(c)  If a license suspension is probated, the department may
    require the person to:
    		(1)  report regularly to the department on matters that
    are the basis of the probation;
    		(2)  limit practice to the areas prescribed by the
    department;  or
    		(3)  continue or renew professional education until the
    person attains a degree of skill satisfactory to the department in
    those areas that are the basis of the probation.
    	(d)  If the department proposes to deny a person's
    application for a license for inspecting or testing of ranch scales
    or to revoke, modify, or suspend a person's license, the person is
    entitled to a hearing conducted under Section 12.032.  The decision
    of the department is appealable in the same manner as provided for
    contested cases under Chapter 2001, Government Code.

    Added by Acts 1993, 73rd Leg., ch. 419, § 1, eff. Sept. 1, 1993.
    Amended by Acts 1995, 74th Leg., ch. 76, § 5.95(49), eff. Sept.
    1, 1995;  Acts 1995, 74th Leg., ch. 419, § 3.05, eff. Sept. 1,
    1995.

    	§ 13.357.  CIVIL PENALTY;  INJUNCTION.  (a)  A person who
    violates this subchapter or a rule adopted under this subchapter is
    liable to the state for a civil penalty of not less than $250 nor
    more than $10,000 for each violation.  Each day a violation
    continues may be considered a separate violation for purposes of a
    civil penalty assessment.
    	(b)  On request of the department, the attorney general or
    the county or district attorney of the county in which the violation
    is alleged to have occurred shall file suit to collect the penalty.
    	(c)  A civil penalty collected under this section shall be
    deposited in the state treasury to the credit of the general revenue
    fund.  All civil penalties recovered in suits first instituted by a
    local government or governments under this section shall be equally
    divided between the State of Texas and the local government or
    governments, with 50 percent of the recovery to be paid into the
    general revenue fund and the other 50 percent equally to the local
    government or governments first instituting the suit.
    	(d)  The department is entitled to appropriate injunctive
    relief to prevent or abate a violation of this subchapter or a rule
    adopted under this subchapter.  On request of the department, the
    attorney general or the county or district attorney of the county in
    which the alleged violation is threatened or is occurring shall
    file suit for the injunctive relief.  Venue is in the county in
    which the alleged violation is threatened or is occurring.

    Added by Acts 1993, 73rd Leg., ch. 419, § 1, eff. Sept. 1, 1993.

    	§ 13.358.  CRIMINAL PENALTY.  (a)  An individual commits
    an offense if the individual is required to be licensed under this
    subchapter, is not licensed under this subchapter, and performs or
    offers to perform an inspection or test on a ranch scale for
    compensation.
    	(b)  An offense under this section is a Class B misdemeanor.

    Added by Acts 1993, 73rd Leg., ch. 419, § 1, eff. Sept. 1, 1993.

    SUBCHAPTER H. LICENSED INSPECTORS OF WEIGHING AND MEASURING DEVICES

    	§ 13.401.  LICENSE REQUIREMENT.  (a)  A person who has a
    license issued under this subchapter has all of the powers and
    duties of a sealer under this chapter except for:
    		(1)  testing of a package under Section 13.039;
    		(2)  peace officer status under Section 13.108(b);  and
    		(3)  entering premises or conducting a stop under
    Section 13.108(c).
    	(b)  It is a defense to prosecution under Section 13.117 or
    13.118 that the sealer is acting under the authority of a license
    issued under this subchapter.
    	(c)  A person who has a license issued under this subchapter
    may also inspect or test:
    		(1)  liquefied petroleum gas meters under Subchapter F;
    or
    		(2)  a ranch scale under Subchapter G.
    	(d)  Unless appointed a sealer under Subchapter C, a person
    may not perform the functions of a sealer without a license issued
    under this subchapter.
    	(e)  The department shall issue a license to a person who
    meets the requirements of this subchapter.
    	(f)  A license holder under this subchapter shall conduct
    inspecting or testing activities in compliance with the rules of
    the department.
    	(g)  A license holder shall maintain and submit to the
    department a report and record of all inspecting or testing
    activities compiled in accordance with the rules of the department.

    Added by Acts 1995, 74th Leg., ch. 419, § 4.04, eff. Sept. 1,
    1995.

    	§ 13.402.  GENERAL REQUIREMENTS FOR LICENSE ISSUANCE OR
    RENEWAL.  Before a license is issued or renewed by the department
    under this subchapter:
    		(1)  the person applying for the license or renewal of
    the license shall provide the department proof of completion of a
    department-approved academic, trade, or professional course of
    instruction required by the department's rules;
    		(2)  the person shall file with the department an
    insurance policy or other proof of insurance evidencing that the
    applicant has a completed operations liability insurance policy
    issued by an insurance company authorized to do business in this
    state or by a surplus lines insurer that meets the requirements of
    Chapter 981, Insurance Code, and rules adopted by the commissioner
    of insurance in an amount set by the department and based on the
    type of licensed activities to be provided;  and
    		(3)  the department, to verify compliance with trade
    practices, rules of the department, and this chapter, may conduct
    an inspection of the applicant's:
    			(A)  facilities;
    			(B)  inspecting and testing equipment and
    procedures;
    			(C)  repair and calibration equipment and
    procedures;  and
    			(D)  transportation equipment.

    Added by Acts 1995, 74th Leg., ch. 419, § 4.04, eff. Sept. 1,
    1995.  Amended by Acts 2003, 78th Leg., ch. 1276, § 10A.504, eff.
    Sept. 1, 2003.

    	§ 13.403.  LICENSE AND RENEWAL;  FEES.  (a)  An
    application for a license shall be submitted to the department on a
    form prescribed by the department, accompanied by an annual license
    fee in an amount established by department rule.
    	(b)  A license issued under this subchapter is valid for one
    year and may be renewed by filing with the department a renewal
    application form prescribed by the department, accompanied by an
    annual license renewal fee in an amount established by department
    rule.
    	(c)  A person who fails to submit a license renewal fee on or
    before the expiration date of the license must pay, in addition to
    the license renewal fee, the late fee provided by department rule.

    Added by Acts 1995, 74th Leg., ch. 419, § 4.04, eff. Sept. 1,
    1995.

    	§ 13.404.  DUTIES OF DEPARTMENT.  (a)  The department by
    rule may adopt a system to periodically monitor and inspect or test
    scales inspected and tested by the license holder.
    	(b)  The department by rule shall adopt guidelines to allow a
    representative of the license holder to perform functions of the
    license holder.
    	(c)  The department by rule may adopt additional
    requirements for the issuance of a license and for the denial of an
    application for a license or renewal of a license.  The rules
    adopted by the department shall be designed to protect the public
    health, safety, and welfare and the proper operation of weighing
    and measuring devices.
    	(d)  The department by rule shall adopt a fee schedule for
    services performed by a license holder.

    Added by Acts 1995, 74th Leg., ch. 419, § 4.04, eff. Sept. 1,
    1995.

    	§ 13.405.  DENIAL, REVOCATION, MODIFICATION, OF
    SUSPENSION OF LICENSE.  (a)  The department may refuse to issue a
    license for inspecting or testing of weighing and measuring devices
    if the applicant fails to comply with this subchapter.
    	(b)  The department shall revoke, modify, or suspend a
    license, assess an administrative penalty, place on probation a
    person whose license has been suspended, or reprimand a license
    holder if the license holder fails to comply with this subchapter or
    a rule adopted by the department under this subchapter.
    	(c)  If a license suspension is probated, the department may
    require the person to:
    		(1)  report regularly to the department on matters that
    are the basis of the probation;
    		(2)  limit practice to the areas prescribed by the
    department;  or
    		(3)  continue or renew professional education until the
    person attains a degree of skill satisfactory to the department in
    those areas that are the basis of the probation.
    	(d)  If the department proposes to deny a person's
    application for a license for inspecting or testing of weighing or
    measuring devices or to revoke, modify, or suspend a person's
    license, the person is entitled to a hearing conducted under
    Section 12.032.  The decision of the administrative law judge is
    appealable in the same manner as provided for contested cases under
    Chapter 2001, Government Code.

    Added by Acts 1995, 74th Leg., ch. 419, § 4.04, eff. Sept. 1,
    1995.

    	§ 13.406.  CIVIL PENALTY;  INJUNCTION.  (a)  A person who
    violates this subchapter or a rule adopted under this subchapter is
    liable to the state for a civil penalty of not less than $250 nor
    more than $10,000 for each violation.  Each day a violation
    continues may be considered a separate violation for purposes of a
    civil penalty assessment.
    	(b)  On request of the department, the attorney general or
    the county attorney or district attorney of the county in which the
    violation is alleged to have occurred shall file suit to collect the
    penalty.
    	(c)  A civil penalty collected under this section shall be
    deposited in the state treasury to the credit of the general revenue
    fund.  All civil penalties recovered in suits first instituted by a
    local government or governments under this section shall be equally
    divided between the State of Texas and the local government or
    governments with 50 percent of the recovery to be paid to the
    general revenue fund and the other 50 percent equally to the local
    government or governments first instituting the suit.
    	(d)  The department is entitled to appropriate injunctive
    relief to prevent or abate a violation of this subchapter or a rule
    adopted under this subchapter.  On request of the department, the
    attorney general or the county or district attorney of the county in
    which the alleged violation is threatened or is occurring shall
    file suit for the injunctive relief.  Venue is in the county in
    which the alleged violation is threatened or is occurring.

    Added by Acts 1995, 74th Leg., ch. 419, § 4.04, eff. Sept. 1,
    1995.

    	§ 13.407.  CRIMINAL PENALTY.  (a)  An individual commits
    an offense if the individual is required to be licensed under this
    subchapter, is not licensed under this subchapter, and performs or
    offers to perform an inspection or test on a weighing or measuring
    device for compensation.
    	(b)  An offense under this section is a Class B misdemeanor.

    Added by Acts 1995, 74th Leg., ch. 419, § 4.04, eff. Sept. 1,
    1995.