BUSINESS AND COMMERCE CODE

TITLE 5.  REGULATION OF BUSINESSES AND SERVICES

SUBTITLE C.  BUSINESS OPERATIONS

CHAPTER 105.  REFUELING SERVICES FOR PERSONS WITH DISABILITIES

Sec. 105.001.  DEFINITIONS.  (a)  In this chapter:
(1)  "Refueling service" means the service of pumping motor vehicle fuel into the fuel tank of a motor vehicle.
(2)  "Service station" means a gasoline service station or other facility that offers gasoline or other motor vehicle fuel for sale to the public from the facility.
(b)  In this chapter, with respect to the operation of a service station, "person" means an individual, firm, partnership, association, trustee, or corporation.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.

Sec. 105.002.  APPLICABILITY OF CHAPTER.  (a)  This chapter applies to a service station that ordinarily provides pump island service, except that such a service station is not required to provide refueling service under this chapter during any regularly scheduled hours during which, for security reasons, the service station does not provide pump island service.
(b)  This chapter does not apply to:
(1)  a service station or other facility that:
(A)  never provides pump island service; and
(B)  has only remotely controlled pumps; or
(2)  a refueling service used to provide liquefied gas, as defined by Section 162.001, Tax Code.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.

Sec. 105.003.  REFUELING SERVICES.  (a)  A person who operates a service station shall provide, on request, refueling service to a person with a disability who is the driver of a vehicle and displays:
(1)  a license plate issued under Section 504.201 or 504.203, Transportation Code; or
(2)  a disabled parking placard issued under Section 681.004, Transportation Code.
(b)  The price charged for motor vehicle fuel provided under Subsection (a) may not exceed the price the service station would otherwise generally charge the public for the purchase of motor vehicle fuel without refueling service.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.

Sec. 105.004.  NOTICE.  (a)  The Department of Agriculture shall provide a notice that states the provisions of this chapter to each person who operates a service station.
(b)  The Texas Department of Motor Vehicles shall provide a notice that states the provisions of this chapter to each person with a disability who is issued:
(1)  license plates under Section 504.201, Transportation Code; or
(2)  a disabled parking placard under Section 681.004, Transportation Code.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
Amended by: 
Acts 2009, 81st Leg., R.S., Ch. 933 (H.B. 3097), Sec. 3A.02, eff. September 1, 2009.

Sec. 105.005.  OFFENSE; PENALTY.  (a)  A person commits an offense if the person violates Section 105.003 and the person is:
(1)  a manager responsible for setting the service policy of a service station subject to this chapter; or
(2)  an employee acting independently against the established service policy of the service station.
(b)  An offense under this section is a Class C misdemeanor.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.

Sec. 105.006.  ENFORCEMENT.  In addition to enforcement by the prosecuting attorney who represents the state, this chapter may be enforced by the attorney general.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.