1. (a) Unless a commercial weighing or measuring device is exempt from the application of this section by department rule, a commercial weighing or measuring device shall be inspected and tested for correctness by the department at least once every four years, or more often as required by the department, if it:

   1. (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. (2) is purchased, offered, or submitted by a proprietor, agent, lessee, or employee for sale, hire, or award.
2. (b) The department may, to the extent necessary to ensure compliance with the official standards, implement risk-based inspections, respond to complaints, and, as a term of probation, require or perform additional inspection and testing of commercial weighing or measuring devices.
3. (c) A person who uses or keeps for use, or has or offers for sale, a commercial weighing or measuring device is responsible for having the device inspected and tested as required by this section, department rule, or department order imposing a term of probation.

4. (d) The department may inspect and test a commercial weighing or measuring device less frequently than required by Subsection (a):

   1. (1) to accommodate complaint-based and risk-based inspection schedules; or
   2. (2) in response to an emergency or a limitation in department funding.
5. (e) Repealed by Acts 2019, 86th Leg., R.S., Ch. 1219 (S.B. 2119), Sec. 10, eff. June 14, 2019.

Acts 1981, 67th Leg., p. 1030, ch. 388, Sec. 1, eff. Sept. 1, 1981.

Amended by Acts 1989, 71st Leg., ch. 230, Sec. 21, eff. Sept. 1, 1989;

Acts 2003, 78th Leg., ch. 122, Sec. 1, eff. Sept. 1, 2003;

Acts 2003, 78th Leg., ch. 200, Sec. 4(b), eff. Sept. 1, 2003.

Acts 2009, 81st Leg., R.S., Ch. 913 (H.B. 2925), Sec. 7, eff. September 1, 2009.

Acts 2013, 83rd Leg., R.S., Ch. 924 (H.B. 1494), Sec. 3.16, eff. September 1, 2013.

Acts 2017, 85th Leg., R.S., Ch. 841 (H.B. 2174), Sec. 3, eff. September 1, 2017.

Acts 2019, 86th Leg., R.S., Ch. 1219 (S.B. 2119), Sec. 10(4), eff. June 14, 2019.