Sec. 13.101. REQUIRED INSPECTION    


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  • (a) At least once every four years, or more often as required by the department, a weighing or measuring device shall be inspected and tested for correctness by the department if it:

    (1) is kept for sale, sold, or used by a proprietor, agent, lessee, or employee in proving the weight or measure, including the size, quantity, extent, or area, of any item; or

    (2) is purchased, offered, or submitted by a proprietor, agent, lessee, or employee for sale, hire, or award.

    (b) The department shall, to the extent necessary to ensure compliance with the official standards, require additional inspection and testing of weighing or measuring devices.

    (c) A person who uses or keeps for use, or has or offers for sale, a weighing or measuring device is responsible for having the device inspected and tested as required by this section.

    (d) Unless the department requires an additional inspection, a weighing or measuring device that is inspected and found correct by the department may be kept for use, used, kept or offered for sale, or sold without further testing.

    (e) The department may inspect and test a weighing or measuring device less frequently than required by Subsection (a):

    (1) to accommodate complaint-based and risk-based inspection schedules; or

    (2) in response to an emergency or a limitation in department funding.

Acts 1981, 67th Leg., p. 1030, ch. 388, Sec. 1, eff. Sept. 1, 1981. Amended by Acts 1989, 71st Leg., ch. 230, Sec. 21, eff. Sept. 1, 1989; Acts 2003, 78th Leg., ch. 122, Sec. 1, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 200, Sec. 4(b), eff. Sept. 1, 2003. Amended by: Acts 2009, 81st Leg., R.S., Ch. 913 , Sec. 7, eff. September 1, 2009.