Part 1.
TEXAS DEPARTMENT OF AGRICULTURE
Chapter 12.
WEIGHTS AND MEASURES
The Texas Department of Agriculture (the department) proposes amendments
to §12.1, concerning definitions; §12.11, concerning registration; §12.12,
concerning fees; §12.40, concerning license requirements;§12.42,
concerning authorities and responsibilities and §12.50 concerning license
requirements for the department's weights and measures program.
The amendment to §12.1 is proposed to clarify the definition of Anniversary
Date, to add the definition for Operator of a Device, to clarify the definition
of County, Deputy and State Public Weigher, and to add the definition for
Service Report. The amendment to §12.11 is proposed to clarify the language
concerning annual registration, initial and renewal registration procedures,
and display of certificate of registration; to state the department's responsibility
if renewal notices are not received by the operator; and to prohibit the transfer
of a device registration. Also, the numbering within the section has changed
due to the additions. The amendment to §12.12 is proposed to clarify
the distinction between a liquid measuring device and a bulk meter, to provide
a means to classify multi-product dispensers and to specify the increase in
device registration fees. The amendment to §12.40 is proposed to clarify
the language concerning the expiration of a Licensed Service Company's license
and to modify the classes of licenses. The amendment to §12.42 is proposed
to change the address of the destination for the service report, to clarify
the conditions for which a service report is required, and to add time requirements
for submission and the destination for out-of-order tags. Also, the numbering
within the section has changed due to the additions. The amendment to §12.50
is proposed to modify the classes of licenses.
Damon Slaydon, Coordinator for Weights and Measures, has determined that
for the first five-year period the amended sections are in effect there will
be fiscal implications for state government due to the increase in fees for
registration of fuel pumps from $6.25 per device for single blend devices
to $7.00 per device, and from $6.25 per device for multiple blend devices
to $21 per device, and due to the new designation for bulk meters resulting
in an increase in fees from $6.25 to $25 for some registrants. There will
be an approximate increase in revenue of $983,359 per year, which will be
offset by cost recovery to the department for testing of devices. The department
is required by statute to recover the costs of administering this program.
In past years, the department has been charging the same rate for all fuel
pumps, regardless of the additional testing required for multiple blend devices,
resulting in cost recovery of only 73% of actual direct and indirect costs.
The increase in fees for multiple blend devices will allow the department
to recover its full costs of testing, in accordance with the Texas Agriculture
Code, §12.0144. There will be no fiscal implications for local government
as a result of enforcing or administering the amended sections.
Mr. Slaydon also has determined that for each year of the first five years
the amended sections are in effect the public benefit anticipated as a result
of enforcing the new section will be greater standardization of the department's
weights and measures program. There will be minimal effect on large or small
businesses. Businesses that currently employ the use of liquid measuring devices
at its location will be required to register those devices at the amended
registration fee. The maximum anticipated economic cost to a registrant who
is required to comply with the amendment as proposed relating to the amount
of registration fees will not exceed $0.75 per device per year for the change
in the registration fee from $6.25 to $7.00. In addition, those businesses
that currently have a "pump" which delivers multiple products through one
nozzle (multi-blend dispenser) will be required to register that device as
a "Liquid measuring device (or pump), maximum flow rate 20 gallons per minute
or less, dispensing multiple products per nozzle". The maximum anticipated
economic cost to a registrant who is required to comply with the amendment
as proposed relating to multi-blend dispensers will not exceed $14.75 per
device per year for the change in registration fee from $6.25 to $21 per device.
Also, those businesses that currently have a meter that delivers greater than
20 gallons per minute but is classified as a "pump" will be required to register
that device as a "bulk meter". The maximum anticipated economic cost to a
registrant who is required to comply with the amendment as proposed relating
to bulk meters due to the change in the designation of bulk meter will not
exceed $18.75 per device per year for the change in registration fee from
$6.25 to $25. The maximum anticipated economic cost to a Licensed Service/Inspection
Company who is required to comply with the amendment as proposed will not
exceed $50.00 per year for the additional class of license.
Comments on the proposal may be submitted to Damon Slaydon, Coordinator
for Weights and Measures, Texas Department of Agriculture, P.O. Box 12847,
Austin, Texas, 78711. Comments must be received no later than 30 days from
the date of publication of the proposal in the
Texas
Register
.
Subchapter A. GENERAL PROVISIONS
4 TAC §12.1
The amendments to §12.1 are proposed under the Texas
Agriculture Code (the Code), §13.002, which provides the Texas Department
of Agriculture with the authority to enforce the provisions of the Texas Agriculture
Code, Chapter 13, concerning weights and measures; and the Code §12.016,
which provides the department with the authority to adopt rules necessary
for administration of the Code.
The code affected by this proposal is the Texas Agriculture Code, Chapters
12 and 13.
§12.1.Definitions.
In addition to the definitions set out in the Texas Agriculture Code,
the following words and terms shall have the following meanings, unless the
context clearly indicates otherwise.
(1)
Anniversary date--The
last
day
of the month
[
(2)-(6)
(No change.)
(7)
County Public Weigher--
An individual
[
(8)
Deputy Public Weigher--
An individual
[
(9)-(17)
(No change.)
(18)
Operator of a Device--A person operates
a device if the person collects or distributes payments for a commercial transaction
for which the device is used; oversees the day-to-day operation of the device;
or owns, leases, manages, or otherwise controls the physical location of the
device or the device itself.
(19)
[
(20)
[
(21)
[
(22)
[
(23)
[
(24)
Service Report--A report prescribed
by the department, indicating the type of service, device type, device location,
service/inspection company license number, and registered technician number.
(25)
[
(26)
[
(27)
[
(28)
[
(29)
[
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State, on
January 10, 2000.
TRD-200000132
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: February 20, 2000
For further information, please call: (512) 463-4075
4 TAC §12.11, §12.12
The amendments to §12.11 and §12.12 are proposed
under the Texas Agriculture Code (the Code), §13.002, which provides
the Texas Department of Agriculture (the department) with the authority to
enforce the provisions of the Code, Chapter 13, concerning weights and measures;
the Code, §13.1011, which provides the department with the authority
to adopt rules registration under Chapter 13; §13.1151, which provides
the department with the authority to set and charge a registration fee for
registration of a pump, scale or bulk or liquefied petroleum gas metering
device registered under the Code, §13.1011; and the Code, §12.016,
which provides the department with the authority to adopt rules necessary
for administration of the Code.
The code affected by this proposal is the Texas Agriculture Code, Chapters
12 and 13.
§12.11.Registration.
(a)
Annual Registration Required. The following devices shall
be registered
prior to using the device for commercial transactions,
and the registration of such devices shall be renewed
annually:
(1)-(4)
(No change.)
(b)
Initial
Registration Procedure.
A person
who intends to operate a device listed in subsection (a) of this section at
a location where devices of the same type are not currently registered
[
(1)
submitting
[
(2)
remitting
[
[
notify the department
within ten days of any change of billing address, or change of ownership.]
(c)
Registration Renewal Procedure.
(1)
An operator of a device shall annually do the following
to renew the registration of a device:
(A)
submit to the department an application or renewal form
obtained from the department; and
(B)
remit the fees required by §12.12 of this title and
any late fee adjustments required by the Texas Agriculture Code, §12.024.
(2)
Renewal notices will be mailed to the mailing
address provided on the registration application. It is the applicant's responsibility
to ensure that all information on an application or renewal form, including
the mailing address and number and type of devices, is true and accurate.
The department must be notified in writing within ten days of any change of
mailing address.
(d)
Change in Number of Installed Devices.
If the number of installed devices of a particular type changes at a registered
location, such that the number of installed devices is greater than or less
than the number of registered devices appearing on the registration certificate,
the registrant for that type of device for that location shall:
(1)
if the number of installed devices has decreased, report
the change in the number of devices to the department in writing within ten
days of the reduction; or
(2)
if the number of installed devices has increased,
submit an application for registration of the additional devices, accompanied
by the fees required by §12.12 of this title within ten days of installing
the additional devices.
(e)
[
(f)
[
(g)
Transfer of Registration. Registration
certificates are nontransferable. If the owner/operator of a device changes,
a change in the business' Franchise Tax or Taxpayer Identification Number
is made, and/or the business name changes significantly, the current owner/operator
must submit within 30 days:
(1)
an application indicating the changes to the business information;
and
(2)
the registration certificate number of the previous
owner/operator, if known.
§12.12.Fees.
Except as provided by Chapter 2, Subchapter B of this title (relating
to Consolidated Licenses), fees for weights and measures device registrations
are as follows:
(1)
Liquid measuring device
(
or pump
), maximum
flow rate 20 gallons per minute or less, dispensing one product per nozzle
:
$7.00
[
(2)
Liquid measuring device (or pump),
maximum flow rate 20 gallons per minute or less, dispensing multiple products
per nozzle: $21.00 (per nozzle).
(3)
[
(4)
[
(5)
[
(6)
[
(7)
[
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State, on
January 10, 2000.
TRD-200000133
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: February 20, 2000
For further information, please call: (512) 463-4075
each year
]
during
[
on
] which test
standards are due
annual
[
a
] calibration [
and a
license expires
].
A person
] elected or appointed to issue an official certificate only
in the county for which appointed.
A person
] appointed by a county public weigher to assist in weighing
commodities.
(18)
] Out-of-Order tag--A
notice attached to a device directing that the device may not be used for
commercial service.
(19)
] Person--An individual,
partnership, firm, corporation, or association.
(20)
] Place in service--An
approval for the device to be used.
(21)
] Ranch scale--A livestock
scale which is located on a private ranch and which has a capacity of 5,000
pounds or greater.
(22)
] Registered technician--An
individual registered with the department who may place devices into service
and remove an out-of-order tag or, if employed by an inspection company, may
also perform inspections of LPG meters and ranch scales.
(23)
] Sub-kit--A subdivided
series of test standards that weigh a total of not less than one pound in
avoirdupois units and whose smallest test standard weighs not more than one-sixteenth
(1/16) ounce or five-thousandths (0.005) pound.
(24)
] State Public Weigher--
An individual elected or
[
A person
] appointed to issue an
official certificate anywhere in Texas.
(25)
] Test--A field examination
of a device to determine compliance with the requirements of this chapter.
(26)
] Test Standard--A certified
weight or measure used to test a device.
(27)
] Test kit--A collection
of test standards that collectively weigh 30 pounds and that consists of one
sub-kit, at least two one-pound standards, and any other combination of standards
that allows a scale with a capacity of 30 pounds or less be tested in one-pound
increments to capacity.
Subchapter B. DEVICES
An applicant
] shall [
do the following to
] register
the
[
a
] device
prior to using it for commercial transactions
by
:
submit
] to the department
an application[
. An application may be
] obtained from the department;
and
remit
]
the fees
[
a fee, as
] required by
§12.12 of this title (relating
to Fees).
[
this subchapter; and
]
(3)
(c)
] Certificate of Registration.
Certificates will be mailed to the mailing address provided by the applicant
or registrant on the registration application or renewal form. The most current
original certificate issued by the department must be prominently displayed
at the physical location where the registered device or devices are installed.
Prominently displayed means accessible to the general public.
[
The certificate of registration shall be made available upon request to an
authorized representative of the department at the location where the device
is registered.
]
(d)
] Expired Registration.
Registration certificates expire on the date printed on the certificate. A
registration that has been expired for less than one year may be renewed by
submitting an application or renewal form, the required device fee and the
required late fee.
If a device registration has been expired for one
year or longer, a new registration must be obtained. [
If additional devices
are registered, the expiration date will be the same as any previously registered
devices at that location.
]
$6.25
] (per nozzle).
(2)
]
Liquid measuring
device (or bulk meter), maximum flow rate greater than 20 gallons per minute
[
Bulk metering device
] : $25
(per nozzle)
.
(3)
] LPG meter: $25.
(4)
] Scale (capacity less than
5,000 pounds): $12.50.
(5)
] Ranch Scales: $12.50.
(6)
] Truck Scales and other
large scales (capacity 5,000 pounds or greater): $100.
Subchapter E. LICENSED SERVICE COMPANIES