Sec. 13.037. USE OF INCORRECT WEIGHING OR MEASURING DEVICE. (a) A person commits an offense if the person or the person's servant or agent knowingly uses an incorrect weighing or measuring device in: (1) buying or selling a commodity; (2) computing a charge for services rendered on the basis of weight or measure; or (3) determining the weight or measure of a commodity, if a charge is made for the determination. (b) For the purpose of this section, a weighing or measuring device is incorrect if it: (1) does not conform as closely as practicable to the official standards; (2) is not accurate; (3) is of a construction that is not reasonably permanent in adjustment or does not correctly repeat its indications; (4) facilitates the perpetration of fraud; or (5) does not conform to the specifications and tolerances established by the department under Section 13.114 .
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