(a) A person commits an offense if the person or the person's representative or agent knowingly uses an incorrect measuring device in:
- (1) buying or selling motor fuel;
- (2) computing a charge for services rendered based on measure; or
- (3) determining the measure of motor fuel, if a charge is made for the determination.
(b) For the purpose of this section, a measuring device is incorrect 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 under Section 2310.107.
Added by Acts 2019, 86th Leg., R.S., Ch. 1219 (S.B. 2119), Sec. 1, eff. September 1, 2020.
Acts 2023, 88th Leg., R.S., Ch. 337 (S.B. 246), Sec. 9, eff. September 1, 2023.