CHAPTER 105. REFUELING SERVICES FOR PERSONS WITH DISABILITIES
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, 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, 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, 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, Sec. 2.01, eff. April 1, 2009.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
933, 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, 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, Sec. 2.01, eff. April 1, 2009.