Sec. 13.037. USE OF INCORRECT WEIGHING OR MEASURING DEVICE    


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  • (a) A person commits an offense if the person or the person's servant or agent uses an incorrect weighing or measuring device in:

    (1) buying or selling a commodity;

    (2) computing a charge for services rendered on the basis of weight or measure; or

    (3) determining the weight or measure of a commodity, if a charge is made for the determination.

    (b) For the purpose of this section, a weighing or 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 established by the department under Section 13.114.

Acts 1981, 67th Leg., p. 1028, ch. 388, Sec. 1, eff. Sept. 1, 1981. Amended by: Acts 2009, 81st Leg., R.S., Ch. 913 , Sec. 5, eff. September 1, 2009.