16 Tex. Admin. Code § 97.2 - Definitions
The following words and terms, when used in this chapter must have the following meanings, unless the context clearly indicates otherwise.
(1) ASTM--ASTM
International; the national voluntary consensus standards organization formed
for the development of standards on characteristics and performance of
materials, products, systems and services and the promotion of related
knowledge.
(2) Code--The Texas
Occupations Code, Chapter 2310, "Motor Fuel Metering and Quality."
(3) Commission--Texas Commission of Licensing
and Regulation.
(4) Controlling
person--an individual who:
(A) is a sole
proprietor;
(B) is a general
partner of a partnership;
(C) is a
controlling person of a business entity that is a general partner of a
partnership;
(D) possesses direct
or indirect control of at least 25 percent of the voting securities of a
corporation;
(E) is the president,
the secretary, or a director of a corporation; or
(F) possesses the authority to set policy or
direct the management of a business entity.
(5) Department--Texas Department of Licensing
and Regulation.
(6) Device--A
commercial weighing or measuring device used for motor fuel sales, also defined
as a motor fuel metering device by §2310.001(7) of the Code.
(7) Device performance review (DPR)--The
comprehensive inspection and testing of a motor fuel metering device to ensure
it is calibrated and operating according to NIST and Manufacturer
specifications.
(8) Gasoline--A
liquid or combination of liquids blended together, offered for sale, sold,
used, or capable of use as fuel for a gasoline-powered engine. The term
includes gasohol, aviation gasoline, and blending agents, but does not include
compressed natural gas, liquefied natural gas, racing gasoline, diesel fuel,
aviation jet fuel, or liquefied gas, as defined in §
162.001(29)
of the Texas Tax Code.
(9)
GPM--Gallons per minute.
(10)
ISO--International Organization for Standardization; an independent,
non-governmental organization that develops voluntary international standards
to facilitate world trade by providing common standards among
nations.
(11) Merchant--A person
whose business includes the sale of motor fuel through motor fuel metering
devices, as defined by §
607.001(4)
of the Texas Business and Commerce Code.
(12) Motor fuel--Gasoline, diesel fuel,
gasoline blended fuel, compressed natural gas, liquefied natural gas, and other
products that are offered for sale, sold, used, or capable of use as fuel for a
gasoline-powered engine or a diesel-powered engine, as defined in §
162.001(42)
of the Texas Tax Code.
(13)
NIST--The National Institute of Standards and Technology; a non-regulatory
federal agency under the United States Department of Commerce, which certifies
and provides standard reference materials used to perform instrument
calibrations, verifies the accuracy of specific measurements and supports the
development of new measurement methods.
(14) Operator--A person in possession or
control of a weighing or measuring device, as defined in 2310.001(8) of the
Code.
(15) Skimmer--A wire or
electronic device that is capable of unlawfully intercepting electronic
communications or data to perpetrate fraud, as defined by §
607.001(8)
of the Texas Business and Commerce Code.
(16) Tamper-evident security label""A label
or tape that, once applied to a surface, cannot be removed without
self-destructing, or otherwise leaving a clear indication that the label or
tape has been removed.
(17) Test
standard--A certified weight or measure used to test a device for
accuracy.
Notes
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