Sec. 13.401. LICENSE REQUIREMENT    


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  • (a) A person who has a license issued under this subchapter may:

    (1) inspect, test, maintain, and repair:

    (A) a weighing or measuring device;

    (B) a liquefied petroleum gas meter under Subchapter F; or

    (C) a ranch scale under Subchapter G;

    (2) return an incorrect weighing or measuring device to service under Section 13.111;

    (3) prohibit an incorrect weighing or measuring device from being used until the device is repaired, if the inspector determines that the device can be repaired; and

    (4) condemn and prohibit the further use of an incorrect weighing or measuring device that the inspector determines cannot be repaired.

    (b) It is a defense to prosecution under Section 13.117 or 13.118 that the licensed inspector is acting under the authority of a license issued under this subchapter.

    (c) A person who has a license issued under this subchapter may also inspect or test:

    (1) liquefied petroleum gas meters under Subchapter F; or

    (2) a ranch scale under Subchapter G.

    (d) Unless appointed an inspector under Subchapter C, a person may not perform the functions of an inspector without a license issued under this subchapter.

    (e) The department shall issue a license to a person who meets the requirements of this subchapter.

    (f) A license holder under this subchapter shall conduct inspecting, testing, prohibiting, or condemning activities in compliance with the rules of the department.

    (g) A license holder shall maintain and submit to the department a report and record of all inspecting or testing activities compiled in accordance with the rules of the department.

Added by Acts 1995, 74th Leg., ch. 419, Sec. 4.04, eff. Sept. 1, 1995. Amended by: Acts 2009, 81st Leg., R.S., Ch. 913 , Sec. 22, eff. September 1, 2009.