Sec. 2310.059.  TESTING BY DEPARTMENT.  (a)  The department shall from time to time measure an amount of motor fuel that is kept or offered for sale, sold, or in the process of delivery, to determine:
(1)  if the motor fuel is of the amount or quantity represented; or
(2)  if the motor fuel is being offered for sale or sold in accordance with law.
(b)  If the department finds that any lot of motor fuel contains less of the motor fuel than the amount represented, the department may seize the motor fuel as evidence.
(c)  A person commits an offense if the person or the person's employee or agent refuses to exhibit motor fuel being sold or offered for sale at a given quantity, or ordinarily sold in that manner, to the department for testing and proving as to quantity.
Added by Acts 2019, 86th Leg., R.S., Ch. 1219 (S.B. 2119), Sec. 1, eff. September 1, 2020.
Amended by: 
Acts 2023, 88th Leg., R.S., Ch. 337 (S.B. 246), Sec. 10, eff. September 1, 2023.