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A BILL TO BE ENTITLED
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AN ACT
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relating to creating a criminal offense for interfering with a |
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motor fuel metering device or motor fuel unattended payment |
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terminal and the prosecution of organized criminal activity |
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involving that conduct. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 16, Penal Code, is amended by adding |
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Section 16.021 to read as follows: |
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Sec. 16.021. INTERFERENCE WITH MOTOR FUEL METERING DEVICE |
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OR MOTOR FUEL UNATTENDED PAYMENT TERMINAL. (a) In this section: |
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(1) "Motor fuel manipulation device" means a mechanism |
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manufactured, assembled, or adapted to manipulate or alter a motor |
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fuel metering device or a motor fuel unattended payment terminal |
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for an unlawful purpose. |
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(2) "Motor fuel metering device" has the meaning |
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assigned by Section 2310.001, Occupations Code. |
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(3) "Motor fuel unattended payment terminal" has the |
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meaning assigned by Section 607.001, Business & Commerce Code. |
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(b) A person commits an offense if the person: |
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(1) intentionally intercepts, disrupts, or otherwise |
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interferes with the operation of or attempts to intercept, disrupt, |
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or otherwise interfere with the operation of a motor fuel metering |
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device or motor fuel unattended payment terminal; |
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(2) intentionally modifies or attempts to modify a |
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motor fuel metering device or motor fuel unattended payment |
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terminal; |
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(3) intentionally manufactures, assembles, possesses, |
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sells, or attempts to sell a motor fuel manipulation device; |
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(4) knowingly benefits from conduct described by |
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Subdivision (1) or (2); or |
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(5) knowingly benefits from the sale of a motor fuel |
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manipulation device. |
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(c) It is an affirmative defense to prosecution under |
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Subsection (b)(3) for possession of a motor fuel manipulation |
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device that the device is possessed by: |
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(1) a service technician, as defined by Section |
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2310.151, Occupations Code, acting in the course and scope of the |
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technician's employment, as authorized by the technician's |
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employer, the Texas Department of Licensing and Regulation, or a |
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law enforcement agency; |
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(2) an employee or authorized representative of the |
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Texas Department of Licensing and Regulation assigned to administer |
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or enforce Chapter 2310, Occupations Code, acting in the course and |
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scope of the employee's or representative's official duties; or |
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(3) a law enforcement officer while engaged in the |
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actual discharge of the officer's official duties. |
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(d) An offense under this section is a felony of the second |
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degree. |
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SECTION 2. Section 71.02(a), Penal Code, is amended to read |
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as follows: |
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(a) A person commits an offense if, with the intent to |
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establish, maintain, or participate in a combination or in the |
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profits of a combination or as a member of a criminal street gang, |
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the person commits or conspires to commit one or more of the |
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following: |
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(1) murder, capital murder, arson, aggravated |
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robbery, robbery, burglary, theft, aggravated kidnapping, |
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kidnapping, aggravated assault, aggravated sexual assault, sexual |
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assault, continuous sexual abuse of young child or disabled |
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individual, solicitation of a minor, forgery, deadly conduct, |
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assault punishable as a Class A misdemeanor, burglary of a motor |
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vehicle, or unauthorized use of a motor vehicle; |
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(2) any gambling offense punishable as a Class A |
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misdemeanor; |
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(3) promotion of prostitution, aggravated promotion |
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of prostitution, or compelling prostitution; |
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(4) unlawful manufacture, transportation, repair, or |
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sale of firearms or prohibited weapons; |
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(5) unlawful manufacture, delivery, dispensation, or |
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distribution of a controlled substance or dangerous drug, or |
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unlawful possession of a controlled substance or dangerous drug |
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through forgery, fraud, misrepresentation, or deception; |
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(5-a) causing the unlawful delivery, dispensation, or |
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distribution of a controlled substance or dangerous drug in |
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violation of Subtitle B, Title 3, Occupations Code; |
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(6) any unlawful wholesale promotion or possession of |
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any obscene material or obscene device with the intent to wholesale |
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promote the same; |
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(7) any offense under Subchapter B, Chapter 43, |
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depicting or involving conduct by or directed toward a child |
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younger than 18 years of age; |
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(8) any felony offense under Chapter 32; |
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(9) any offense under Chapter 36; |
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(10) any offense under Chapter 34, 35, or 35A; |
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(11) any offense under Section 37.11(a); |
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(12) any offense under Chapter 20A; |
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(13) any offense under Section 37.10; |
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(14) any offense under Section 38.06, 38.07, 38.09, or |
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38.11; |
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(15) any offense under Section 42.10; |
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(16) any offense under Section 46.06(a)(1) or 46.14; |
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(17) any offense under Section 20.05 or 20.06; |
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(18) any offense under Section 16.02 or 16.021; or |
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(19) any offense classified as a felony under the Tax |
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Code. |
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SECTION 3. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 4. This Act takes effect September 1, 2023. |