Sec. 17.073. STOP-SALE ORDER; SHUTDOWN OF DISPENSING DEVICES  


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  • (a) If the department has reason to believe that motor fuel is in violation of this chapter or a rule adopted under this chapter, or that the motor fuel is being sold or offered for sale in a manner that violates this chapter or a rule adopted under this chapter, the department may:

    (1) issue and enforce a written order to stop the sale of the motor fuel;

    (2) place on a device used to dispense the motor fuel a tag or other mark with the words "Out of Order"; or

    (3) stop the sale of the motor fuel and mark a device used to dispense the motor fuel as out of order.

    (b) The department shall present an order issued under this section to the dealer, distributor, jobber, supplier, or wholesaler who is in control of the motor fuel at the time the motor fuel or the dealer, distributor, jobber, supplier, or wholesaler of the motor fuel is inspected by the commissioner. The person who receives the order may not sell motor fuel subject to a stop-sale order or use a device on which the department has placed a tag or other mark under Subsection (a)(2) or (3) until the department determines that the motor fuel or device is in compliance with this chapter and department rules.

Added by Acts 2009, 81st Leg., R.S., Ch. 913 , Sec. 24, eff. January 1, 2010. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 97 , Sec. 6, eff. September 1, 2011.