4 TAC §5.6
The Texas Department of Agriculture (the department) adopts
new §5.6, concerning motor fuel testing fees, without changes to the
proposal published in the July 6, 2001, issue of the
Texas Register
(26 TexReg 4930). The new section is necessary to implement
the collection of fees for the purposes of administering a motor fuel testing
program in accordance with the passage of Senate Bill 938, 77th Texas Legislature,
2001, which amended Article 8614, Vernon's Texas Civil Statutes (Article 8614).
In addition, the adoption of the new section ensures that a greater amount
of motor fuel will be sold that is properly labeled. Amendments to Article
8614 transferred authority to collect fees for motor fuel testing from the
Comptroller of Public Accounts to the department. In addition, Senate Bill
938 changed the persons and entities required to pay the fee. Fees will now
be collected from dealers, as that term is defined in Article 8614, and will
no longer be collected from distributors, suppliers, wholesalers or jobbers
of motor fuel. Fees will also now be based on number of motor fuel devices
dispensing gasoline, rather than the total amount of net taxable gallons of
gasoline and/or diesel fuel sold and reported.
Proposed new §5.6 establishes an annual motor fuel testing fee and
describes the method of collection. Each dealer who operates a liquid measuring
device to deliver gasoline will be affected by the new rule. Motor fuel devices
subject to the fee include: (1) a liquid measuring device (or pump), with
a maximum flow rate of 20 gallons per minute or less, dispensing one gasoline
product per nozzle; and (2) a liquid measuring device (or pump), with a maximum
flow rate of 20 gallons per minute or less, dispensing multiple gasoline products
per nozzle.
No comments were received on the proposal.
The new section is adopted under Article 8614, Vernon's Texas
Civil Statutes, §9, which provides the department with the authority
to adopt rules for the regulation of the sale of motor fuels and to impose
a fee for testing, inspection, or performance of other services necessary
for administration of Article 8614.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on August 9, 2001.
TRD-200104585
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Effective date: August 29, 2001
Proposal publication date: July 6, 2001
For further information, please call: (512) 463-4075