AUSTIN, Texas -- As of today, Commissioner Todd Staples said that the Texas Department of Agriculture (TDA) is increasing penalties for any fuel pump found out of tolerance in the state.
This is the first time since 1996 that TDA has increased the penalties for weights and measures violations.
Gas prices are high enough without consumers getting shortchanged at the pump, Staples said. Drivers need to have confidence they are receiving exactly what they are paying for every time they fill up.
In accordance [image-nocss] with specifications published by the National Institute of Standards & Technology (NIST), TDA tests fuel pumps using a tolerance of six cubic inchesabout six tablespoonsper five gallons. The new penalties for first and subsequent offenses are based on how much a pump varies from the tolerance level.
The penalties are:
More than twice in excess of tolerance (12 cubic inches): $100 per device for the first offense and $200 for each device for the second offense; More than three times in excess of tolerance (18 cubic inches): $150 per device for the first offense and $300 for each device for the second offense; More than four times in excess of tolerance (24 cubic inches): $250 per device for the first offense and $500 for each device for the second offense.TDA has 72 weights and measures inspectors throughout the state checking more than 68,500 fuel pumps a year. An inspector will place an out of order tag on any pump not dispensing the correct amount of fuel within the allowable tolerance. An entire station can also be tagged out of order if a majority of the pumps are dispensing fuel in favor of the station owner, even if the pumps are within the tolerance level. The owner or operator is responsible for having a pump fixed and re-inspected by TDA before the pump can be further used to sell fuel. This is in addition to any penalty the owner or operator may incur.
In addition to fuel pumps, TDA is also increasing fines for non-compliant commodity scales and pricing discrepancies at the checkout counter. All of the new penalties go into effect May 25.
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