The following words and terms, when used in this chapter must
have the following meanings, unless the context clearly indicates
otherwise.
(1) ASTM--ASTM International; the national voluntary
consensus standards organization formed for the development of standards
on characteristics and performance of materials, products, systems
and services and the promotion of related knowledge.
(2) Code--The Texas Occupations Code, Chapter 2310,
"Motor Fuel Metering and Quality."
(3) Commission--Texas Commission of Licensing and Regulation.
(4) Controlling person--an individual who:
(A) is a sole proprietor;
(B) is a general partner of a partnership;
(C) is a controlling person of a business entity that
is a general partner of a partnership;
(D) possesses direct or indirect control of at least
25 percent of the voting securities of a corporation;
(E) is the president, the secretary, or a director
of a corporation; or
(F) possesses the authority to set policy or direct
the management of a business entity.
(5) Department--Texas Department of Licensing and Regulation.
(6) Device--A commercial weighing or measuring device
used for motor fuel sales, also defined as a motor fuel metering device
by §2310.001(7) of the Code.
(7) Device performance review (DPR)--The comprehensive
inspection and testing of a motor fuel metering device to ensure it
is calibrated and operating according to NIST and Manufacturer specifications.
(8) Gasoline--A liquid or combination of liquids blended
together, offered for sale, sold, used, or capable of use as fuel
for a gasoline-powered engine. The term includes gasohol, aviation
gasoline, and blending agents, but does not include compressed natural
gas, liquefied natural gas, racing gasoline, diesel fuel, aviation
jet fuel, or liquefied gas, as defined in §162.001(29) of the
Texas Tax Code.
(9) GPM--Gallons per minute.
(10) ISO--International Organization for Standardization;
an independent, non-governmental organization that develops voluntary
international standards to facilitate world trade by providing common
standards among nations.
(11) Merchant--A person whose business includes the
sale of motor fuel through motor fuel metering devices, as defined
by §607.001(4) of the Texas Business and Commerce Code.
(12) Motor fuel--Gasoline, diesel fuel, gasoline blended
fuel, compressed natural gas, liquefied natural gas, and other products
that are offered for sale, sold, used, or capable of use as fuel for
a gasoline-powered engine or a diesel-powered engine, as defined in §162.001(42)
of the Texas Tax Code.
(13) NIST--The National Institute of Standards and
Technology; a non-regulatory federal agency under the United States
Department of Commerce, which certifies and provides standard reference
materials used to perform instrument calibrations, verifies the accuracy
of specific measurements and supports the development of new measurement
methods.
(14) Operator--A person in possession or control of
a weighing or measuring device, as defined in 2310.001(8) of the Code.
(15) Skimmer--A wire or electronic device that is capable
of unlawfully intercepting electronic communications or data to perpetrate
fraud, as defined by §607.001(8) of the Texas Business and Commerce
Code.
(16) Tamper-evident security label""A label or tape
that, once applied to a surface, cannot be removed without self-destructing,
or otherwise leaving a clear indication that the label or tape has
been removed.
(17) Test standard--A certified weight or measure used
to test a device for accuracy.
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| Source Note: The provisions of this §97.2 adopted to be effective September 1, 2020, 45 TexReg 6082; amended to be effective November 1, 2021, 46 TexReg 7403; amended to be effective March 1, 2022, 47 TexReg 911; amended to be effective September 1, 2023, 48 TexReg 4655 |
