Texas Agriculture Code Title 2, Chapter 13 - Weights And Measures

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 13.001 - Definitions
  (a) In this chapter: (1) "Commercial weighing or measuring device" means a weighing or measuring device used in a commercial transaction. (2) "Operator" or "user"...
• Texas Section 13.002 - Enforcement Of Chapter
  (a) The department shall enforce the provisions of this chapter and shall supervise all weighing or measuring devices sold or offered for sale in this...

SUBCHAPTER B STANDARD WEIGHTS AND MEASURES

• Texas Section 13.007 - Civil Penalty; Injunction
  (a) A person who violates Subchapter B or C or a rule adopted under Subchapter B or C is liable to the state for a...
• Texas Section 13.021 - Legal Standards
  (a) The legal standard for the weight or measure of a commodity in this state is the standard weight or measure adopted and used by...
• Texas Section 13.022 - Standard For Length And Surface
  (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...
• Texas Section 13.023 - Standard For Weight
  (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...
• Texas Section 13.024 - Standard For Liquid Capacity
  (a) The standard unit of measure of capacity for liquids is the gallon. (b) Except as provided by Subsections (c) and (d), all other measures...
• Texas Section 13.025 - Standard For Solid Capacity
  (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...
• Texas Section 13.026 - Cord
  (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....
• Texas Section 13.027 - Standard Net Weight Or Count Set By Rule
  (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...
• Texas Section 13.028 - Standard Weight Per Bushel For Certain Commodities
  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...
• Texas Section 13.029 - Exemption Of Weighing Or Measuring Devices
  The department by rule may exempt a weighing or measuring device from a requirement established by this chapter if the department determines that imposing or...
• Texas Section 13.030 - Sale Of Commodities By Net Weight
  (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...
• Texas Section 13.031 - Sale Of Commodities By Proper Measure
  (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...
• Texas Section 13.032 - Standard Fill And Quantity Labeling For Commodities In Package Form
  (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...
• Texas Section 13.033 - Sale Of Milk Or Cream In Nonstandard Container
  A person violates this chapter if the person sells or keeps, offers, or exposes for sale milk or cream in bottles or other containers of...
• Texas Section 13.034 - Sale Of Cheese, Meat, Or Meat Food Product By Nonstandard Weight
  (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...
• Texas Section 13.035 - Price Advertisement; Misrepresentation Of Price Or Quantity
  (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...
• Texas Section 13.036 - False Representation Of Commodity Quantity
  A person violates this chapter if the person or the person's servant or agent: (1) sells or offers or exposes for sale a quantity of...
• Texas Section 13.037 - Use Of Incorrect Weighing Or Measuring Device
  (a) A person commits an offense if the person or the person's servant or agent knowingly uses an incorrect weighing or measuring device in: (1)...
• Texas Section 13.038 - Sale Of Commodity In Violation Of Subchapter
  A person violates this chapter if the person or the person's servant or agent sells or keeps, offers, or exposes for sale a commodity in...
• Texas Section 13.039 - Testing Of Package By Department
  (a) The department shall from time to time weigh or measure a package or an amount of any commodity that is kept or offered for...
• Texas Section 13.040 - Stop-sale Order
  (a) If the department has reason to believe that a commodity is being sold or kept, offered, or exposed for sale in violation of this...

SUBCHAPTER C INSPECTION AND REGISTRATION OF WEIGHING OR MEASURING DEVICES

• Texas Section 13.041 - Penalties; Defense
  (a) An offense under Section 13.030, 13.032, 13.037, or 13.039 is a Class C misdemeanor. (b) It is a defense to prosecution or to the...
• Texas Section 13.1001 - Authority To Inspect
  (a) If the department has reason to believe that a weighing or measuring device is being used for a commercial transaction and the device is...
• Texas Section 13.101 - Inspection Of Devices
  (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...
• Texas Section 13.1011 - Required Registration
  (a) Unless a commercial weighing or measuring device is exempt from the application of this section by department rule, a person who owns or operates...
• Texas Section 13.111 - Repair Or Destruction Of Incorrect Commercial Weighing Or Measuring Devices
  (a) If, in the judgment of the department, a commercial weighing or measuring device found to be incorrect is not capable of being repaired, the...
• Texas Section 13.112 - Tests For State Institutions
  As requested by the comptroller or the governing body of a state institution, the department shall test each weighing or measuring device used by a...
• Texas Section 13.113 - Standards Used In Inspection
  (a) The standards of weights and measures maintained by the department and certified by the National Institute of Standards and Technology or a metrology laboratory...
• Texas Section 13.114 - Tolerances
  The department shall establish specifications and tolerances for commercial weighing or measuring devices used in this state. The specifications and tolerances shall be similar to...
• Texas Section 13.115 - Fees For Department Inspection
  (a) The department may collect a fee for each test of a weighing or measuring device required by this subchapter or performed on request of...
• Texas Section 13.1151 - Fees For Registration And Inspection
  The department may charge the owner or operator of a weighing or measuring device a fee, as provided by department rule, to recover the costs...
• Texas Section 13.117 - Refusing To Allow Test Of Weighing Or Measuring Device
  A person commits an offense if the person refuses to allow a weighing or measuring device under the person's control or in the person's possession...
• Texas Section 13.118 - Hindering Department Personnel
  A person commits an offense if the person hinders or obstructs in any way the department, a department inspector or other department personnel in the...
• Texas Section 13.119 - Removal Of Registration Tag
  A person commits an offense if the person removes or obliterates a tag or device placed or required by the department to be placed on...
• Texas Section 13.120 - Sale Or Use Of Incorrect Weighing Or Measuring Device
  (a) The department may condemn and prohibit the sale or distribution of any incorrect weighing or measuring device that is sold, offered for sale, or...
• Texas Section 13.121 - Disposing Of Condemned Weighing Or Measuring Device
  A person commits an offense if the person or the person's servant or agent disposes of a weighing or measuring device condemned under Section 13.111...

SUBCHAPTER E PUBLIC WEIGHER

• Texas Section 13.122 - Penalties
  An offense under each of Sections 13.117 through 13.121 is a Class C misdemeanor. Acts 1981, 67th Leg., p. 1036, ch. 388, Sec. 1, eff....
• Texas Section 13.251 - Definition
  In this subchapter, "public weigher" means a business certified under this subchapter to issue an official certificate declaring the accurate weight or measure of a...
• Texas Section 13.255 - Certificate
  (a) A public weigher may not officially weigh a commodity unless the weigher has obtained from the department a certificate of authority. (b) A public...
• Texas Section 13.2555 - Revocation, Modification, Or Suspension Of Certificate
  (a) The department shall revoke, modify, or suspend the certificate of authority of a public weigher, assess an administrative penalty, place on probation the public...
• Texas Section 13.256 - Bond
  Each public weigher shall execute a bond in accordance with rules adopted by the department. The bond must be conditioned on the accurate weight or...
• Texas Section 13.257 - Recording Of Weights And Measures
  (a) On each certificate of weight or measure of a commodity that a public weigher issues, the public weigher shall include the: (1) time and...
• Texas Section 13.258 - Duties Of The Department
  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...
• Texas Section 13.259 - Penalty For Issuing A False Certificate
  (a) A public weigher who intentionally or knowingly issues a certificate of weight or measure of a commodity giving a false weight or measure for...
• Texas Section 13.260 - Penalty For Issuing Certificate Without Authority
  (a) A person who intentionally or knowingly issues an official certificate of weight or measure of a commodity without first obtaining a certificate of authority...

SUBCHAPTER I LICENSING OF SERVICE TECHNICIANS AND SERVICE COMPANIES

• Texas Section 13.261 - Rules
  The department shall adopt rules governing the bond requirements and fees imposed under this subchapter. Added by Acts 1985, 69th Leg., ch. 239, Sec. 60,...
• Texas Section 13.451 - Definitions
  In this subchapter: (1) "License holder" means a person who holds a service company license or a service technician license. (2) "Service company" means a...
• Texas Section 13.452 - Device Maintenance Activities
  A person performs device maintenance activities if the person or the person's employee: (1) places a commercial weighing or measuring device in service; (2) installs,...
• Texas Section 13.453 - Powers And Duties Of Department
  (a) To verify compliance with licensing requirements, trade practices, department rules, and this chapter, the department may periodically or in response to a complaint or...
• Texas Section 13.454 - Exemptions From License Requirements
  (a) A person is not required to hold a license issued under this subchapter if the person: (1) is a department employee who is performing...
• Texas Section 13.455 - Service Technician License Required
  Unless the individual is exempt from the licensing requirement, an individual may not perform or offer to perform device maintenance activities unless the individual holds...
• Texas Section 13.456 - Service Company License Required
  (a) Unless the person is exempt from the license requirement, a person may not employ an individual who performs or offers to perform device maintenance...
• Texas Section 13.457 - Application For License
  An applicant for a license under this subchapter must submit to the department: (1) an application form prescribed by the department; (2) any other documents...
• Texas Section 13.458 - Service Technician License Requirements
  (a) The department shall issue a license to each qualified applicant who applies for a service technician license. (b) The department by rule may require...
• Texas Section 13.459 - Service Company License Requirements
  (a) The department shall issue a license to each qualified applicant who applies for a service company license. (b) An applicant for the issuance or...
• Texas Section 13.460 - Insurance Policy Required For Service Company
  A service company shall maintain at all times while the service company performs device maintenance activities a current effective operations liability insurance policy issued by...
• Texas Section 13.461 - Term Of License
  A license issued under this subchapter is valid for one year unless a different term is established by department rule. Added by Acts 2013, 83rd...
• Texas Section 13.462 - License Renewal
  A person licensed under this subchapter must periodically renew the person's license. The license expires unless the license holder submits an application for renewal accompanied...
• Texas Section 13.463 - Practice By License Holder
  (a) A license holder shall perform device maintenance activities in compliance with department rules. (b) A license holder may use only equipment approved by the...
• Texas Section 13.464 - Criminal Penalty
  (a) A person commits an offense if the person violates Section 13.455 or 13.456 or causes another person to violate Section 13.455 or 13.456. (b)...

Last modified: September 28, 2016