SRC-BWC S.B. 968 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 968
77R6931 GWK-DBy: Bivins
Criminal Justice
3/7/2001
As Filed


DIGEST AND PURPOSE 

Theft of gasoline and diesel fuel by consumers driving off without paying
has become a serious problem for the industry.  Theft of motor fuel at the
state's 11,000 convenience stores led to nearly $8 million in losses to
these establishments in the year 2000.  Eight states have recently
addressed this problem legislatively, particularly through the suspension
of person's driver license.  As proposed, S.B. 968 makes it a Class C
misdemeanor for a person who, with intent to defraud, dispenses motor fuel
into a vehicle and leaves the premises without paying for the fuel.
Subsequent convictions would result in suspension of their driver's license
for 180 days.  In addition, S.B. 968 prohibits the Department of Public
Safety from issuing a driver's license to a person who has been convicted
of gasoline theft if the person did not hold a driver's license on the date
of the conviction.   

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 31, Penal Code, by adding Section 31.031, as
follows: 

Sec. 31.031.  ACQUIRING MOTOR FUEL WITHOUT PAYMENT.  Provides that a person
commits a Class C misdemeanor if the person with intent to defraud another
dispenses motor fuel into the person's vehicle and leaves the premises
without paying the retail fuel establishment for the motor fuel.  Requires
the judge, if the person has previously been convicted under this section,
to enter an affirmative finding of that fact in the judgement in the case.
Authorizes a person, if that person's conduct constitutes an offense under
this section and under another section, to be prosecuted under either or
both sections.   

SECTION 2.  Chapter 521O, Transportation Code, by adding Section 521.349,
as follows: 

Sec. 521.349.  ACQUIRING MOTOR FUEL WITHOUT PAYMENT:  AUTOMATIC SUSPENSION;
LICENSE DENIAL.  Provides that a person's driver's license is automatically
suspended on final conviction of an offense under Section 31.031 (Acquiring
Motor Fuel Without Payment), Penal Code, if the judgment in the case
contains an affirmative finding under Section 31.031.  Prohibits the
Department of Transportation (department) from issuing a license to a
person convicted of an offense in this section who, on the date of the
conviction, did not hold a driver's license.  Provides the period of
suspension under this section is the 180 days after the date of a final
conviction, and the period of license denial is the 180 days after the date
the person applies to the department for reinstatement or issuance of a
driver's license, unless the person has previously been denied a license
under this section or had a license suspended, in which event the period of
suspension is one year after the date of a final conviction, and the period
of license denial is one year after the date the person applies to the
department for reinstatement or issuance of a driver's license.   

 SECTION 3.  Effective date:  September 1, 2001.