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Texas Agriculture Code - Chapter 13 Weights And MeasuresLegal Research Home > Texas Lawyer > Agriculture Code > Texas Agriculture Code - Chapter 13 Weights And Measures (a) In this chapter: (1) "Weight or measure" includes a weight, scale, beam, or measure of any kind; an instrument or mechanical device for weighing ... (a) The department shall enforce the provisions of this chapter and shall supervise all weights and measures sold or offered for sale in this state. ... The commissioner and chief deputy of weights and measures are entitled to reimbursement for actual expenses while traveling on state business. Acts 1981, 67th Leg., ... (a) A person who violates this chapter or a rule adopted under this chapter is liable to the state for a civil penalty not to ... (a) The legal standard of weights and measures in this state is the standard of weights and measures adopted and used by the government of ... (a) The standard unit of length and surface is the yard. The yard is divided into three equal parts called feet. Each foot is divided ... (a) The standard for weight is the standard of avoirdupois and troy weights. Other weights shall be derived and ascertained from that standard. (b) The ... (a) The standard unit of measure of capacity for liquids is the gallon. (b) The barrel consists of 31-1/2 gallons. A hogshead consists of two ... (a) The standard unit of measure of capacity for a solid is the half bushel. (b) The peck, half-peck, quarter-peck, quart, and pint measures for ... (a) A cord is equal to 128 cubic feet or the contents of a space 8 feet long, 4 feet wide, and 4 feet high. ... (a) The department by rule may establish a standard net weight or net count for any commodity and prescribe tolerances for those standards as the ... If the following commodities are sold by the bushel and no agreement is made by the parties as to the measurement or weight, the bushel ... (a) If a commodity is sold on the basis of weight, the net weight of the commodity shall be employed in the sale. A contract ... (a) Except as otherwise provided by this section, a liquid commodity shall be sold by liquid measure. A commodity, including a good, ware, or merchandise ... (a) For the purpose of preventing the sale of commodities in package form with containers that mislead the purchaser as to quantity, the department by ... A person commits an offense if the person sells or keeps, offers, or exposes for sale milk or cream in bottles or other containers of ... (a) Except as otherwise provided by this section or Section 13.032 of this code, cheese, meat, and meat food products shall be sold by standard ... (a) If a price sign, card, tag, poster, or other advertisement displaying the price of a commodity or other item includes a whole number and ... A person commits an offense if the person or the person's servant or agent: (1) sells or offers or exposes for sale a quantity of ... (a) A person commits an offense if the person or the person's servant or agent uses a false weight or measure in: (1) buying or ... A person commits an offense if the person or the person's servant or agent sells or keeps, offers, or exposes for sale a commodity in ... (a) A sealer appointed under Subchapter C of this chapter shall from time to time weigh or measure a package, or an amount of any ... (a) If the department has reason to believe that a commodity is being sold or kept, offered, or exposed for sale in violation of Section ... (a) An offense under Section 13.021, 13.027, 13.029, or each of Sections 13.030 through 13.039 of this code is a Class C misdemeanor. (b) It ... (a) At least once every four years, or more often as required by the department, a weight or measure shall be inspected and tested for ... (a) A person who operates a pump, scale, or bulk or liquefied petroleum gas metering device for a commercial transaction must register annually with the ... (a) A person may not place into service or remove any out-of-order tag from any weighing or measuring devices unless the person holds a registration ... (a) Except as provided by Subsection (b) or (c) of this section, a person may not sell a weight or measure unless it bears a ... (a) The commissioner may appoint deputies, as provided for by appropriation, and inspectors, lecturers, and other employees of the department to serve as state sealers ... (a) In addition to inspecting, testing, and sealing weights and measures, each sealer and deputy sealer shall: (1) preserve all copies of the standards used ... The department shall issue instructions and adopt rules governing state sealers as necessary to carry out the purposes of this chapter. Acts 1981, 67th Leg., ... (a) In accordance with this subchapter, each sealer may inspect and test all weights and measures used in the locality to which the sealer is ... (a) If, in the judgment of the sealer, a weight or measure found to be incorrect is not capable of being repaired, the sealer may ... As requested by the State Purchasing and General Services Commission or the governing body of a state institution, the department shall test each weight or ... (a) The standards of weights and measures received from the United States and certified by the National Institute of Standards and Technology are the state's ... (a) The department shall establish tolerances and specifications for commercial weighing and measuring apparatus used in this state. The tolerances and specifications shall be similar ... (a) The department shall collect a fee in accordance with this section for each test of a weight or measure required by this subchapter or ... The department may charge the owner or operator of a device a fee, as provided by department rule, to recover the costs of registration and ... (a) A person commits an offense if the person or the person's servant or agent: (1) offers or exposes for sale, hire, or award or ... A person commits an offense if the person neglects or refuses to exhibit a weight or measure under the person's control or in the person's ... A person commits an offense if the person hinders or obstructs in any way the department or a sealer in the performance of official duties. ... A person commits an offense if the person removes or obliterates a tag or device placed on a weight or measure under Section 13.110 or ... (a) The department may condemn and prohibit the sale or distribution of any false weight or measure that is sold, offered for sale, or about ... A person commits an offense if the person or the person's servant or agent disposes of a weight or measure condemned under Section 13.111 or ... An offense under Section 13.114 or each of Sections 13.116 through 13.121 is a Class C misdemeanor. Acts 1981, 67th Leg., p. 1036, ch. 388, ... In this subchapter, "public weigher" means a person who is elected or appointed to issue an official certificate declaring the accurate weight or measure of ... (a) The department may appoint public weighers of the following classifications: (1) appointed county public weighers, who may issue an official certificate only for the ... (a) The commissioners court of a county by order may provide for the election of a public weigher to serve only within the county for ... (a) The office of elected county public weigher is abolished in a county if the abolition is approved by a majority of the votes received ... (a) A county public weigher, whether elected or appointed, may appoint the number of deputies that the public weigher believes necessary to assist the public ... (a) A public weigher, whether elected or appointed, or deputy public weigher may not officially weigh a commodity unless the weigher has obtained from the ... (a) The department shall revoke, modify, or suspend the certificate of authority of an appointed public weigher or a deputy of an appointed county public ... (a) Each county public weigher, whether elected or appointed, and each deputy public weigher shall execute for the full term of office a bond that ... (a) On each certificate of weight or measure that a public weigher or deputy public weigher issues, the public weigher or deputy public weigher shall ... The department shall supervise public weighers and shall adopt rules necessary to enforce this subchapter. On application by an interested party, the department shall review ... (a) A public weigher or deputy public weigher who intentionally or knowingly issues a certificate of weight or measure giving a false weight or measure ... (a) A person who intentionally or knowingly issues an official certificate of weight or measure for any commodity without first obtaining a certificate of authority ... The department may adopt rules governing the procedures to be followed in administering the fees imposed under this subchapter. Added by Acts 1985, 69th Leg., ... In this subchapter: (1) "Person" means any individual, partnership, firm, corporation, association, or any other business entity. (2) "Liquefied petroleum gas meter" means a device ... (a) A person may not inspect or test liquefied petroleum gas meters unless the person holds a license issued under this subchapter. (b) The department ... Before a license is issued or renewed by the department under this subchapter: (1) the person applying for the license or renewal of the license ... (a) An application for a license shall be submitted to the department on a form prescribed by the department, accompanied by an annual license fee ... (a) The department by rule may adopt a system to periodically monitor and inspect or test scales inspected and tested by the license holder. (b) ... (a) The department may refuse to issue a license for inspecting or testing of liquefied gas meters if the applicant fails to comply with this ... (a) A person who violates this subchapter or a rule adopted under this subchapter is liable to the state for a civil penalty of not ... (a) An individual commits an offense if the individual is required to be licensed under this subchapter, is not licensed under this subchapter, and performs ... In this subchapter: (1) "Person" means any individual, partnership, firm, corporation, association, or any other business entity. (2) "Ranch scale" means a livestock scale which ... (a) A person may not inspect or test ranch scales unless the person holds a license issued under this subchapter. (b) The department shall issue ... Before a license is issued or renewed by the department under this subchapter: (1) the person applying for the license or renewal of the license ... (a) An application for a license shall be submitted to the department on a form prescribed by the department, accompanied by an annual license fee ... (a) The department by rule may adopt a system to periodically monitor and inspect or test scales inspected and tested by the license holder. (b) ... (a) The department may refuse to issue a license for inspecting or testing of ranch scales if the applicant fails to comply with this subchapter. ... (a) A person who violates this subchapter or a rule adopted under this subchapter is liable to the state for a civil penalty of not ... (a) An individual commits an offense if the individual is required to be licensed under this subchapter, is not licensed under this subchapter, and performs ... (a) A person who has a license issued under this subchapter has all of the powers and duties of a sealer under this chapter except ... Before a license is issued or renewed by the department under this subchapter: (1) the person applying for the license or renewal of the license ... (a) An application for a license shall be submitted to the department on a form prescribed by the department, accompanied by an annual license fee ... (a) The department by rule may adopt a system to periodically monitor and inspect or test scales inspected and tested by the license holder. (b) ... (a) The department may refuse to issue a license for inspecting or testing of weighing and measuring devices if the applicant fails to comply with ... (a) A person who violates this subchapter or a rule adopted under this subchapter is liable to the state for a civil penalty of not ... (a) An individual commits an offense if the individual is required to be licensed under this subchapter, is not licensed under this subchapter, and performs ... Texas Lawyers
Last modified: August 10, 2007 |