(a) Except as provided in subsection (b) of this section, the cost of sampling and testing asphalt used in construction and maintenance meeting the requirements of departmental specifications will be borne by the state.
(b) In the event that an asphalt sample fails to meet the requirements of departmental specifications, the cost of sampling and testing will be charged to the supplier of the asphalt. Those charges will be at published rates which are based on actual costs to the state, and an additional charge to cover the costs of billing for failing tests. Concurrence in and agreement to this policy and these procedure is required by endorsement from companies that desire to supply asphalt.

Source Note: The provisions of this §13.8 adopted to be effective June 28, 1991, 16 TexReg 3259.