77R9246 GWK-D                           
         By Smithee, Clark, Turner of Coleman, West            H.B. No. 1563
         Substitute the following for H.B. No. 1563:
         By Turner of Coleman                              C.S.H.B. No. 1563
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to certain civil consequences of a theft involving motor
 1-3     fuel.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Chapter 42, Code of Criminal Procedure, is amended
 1-6     by adding Article 42.019 to read as follows:
 1-7           Art. 42.019.  MOTOR FUEL THEFT. (a)  A judge shall enter an
 1-8     affirmative finding in the judgment in a case if the judge or jury,
 1-9     whichever is the finder of fact, determines beyond a reasonable
1-10     doubt in the guilt or innocence phase of the trial of an offense
1-11     under Section 31.03, Penal Code, that the defendant, in committing
1-12     the offense:
1-13                 (1)  dispensed motor fuel into the fuel tank of a motor
1-14     vehicle on the premises of an establishment at which motor fuel is
1-15     offered for retail sale; and
1-16                 (2)  after dispensing the motor fuel, left the premises
1-17     of the establishment without paying the establishment for the motor
1-18     fuel.
1-19           (b)  If a judge enters an affirmative finding as required by
1-20     Subsection (a) and determines that the defendant has previously
1-21     been convicted of an offense the judgment for which contains an
1-22     affirmative finding under Subsection (a), the judge shall enter a
1-23     special affirmative finding in the judgment in the case.
1-24           SECTION 2. Subchapter O, Chapter 521, Transportation Code, is
 2-1     amended by adding Section 521.349 to read as follows:
 2-2           Sec. 521.349.  ACQUIRING MOTOR FUEL WITHOUT PAYMENT:
 2-3     AUTOMATIC SUSPENSION; LICENSE DENIAL. (a)  A person's driver's
 2-4     license is automatically suspended on final conviction of an
 2-5     offense under Section 31.03, Penal Code, if the judgment in the
 2-6     case contains a special affirmative finding under Article 42.019,
 2-7     Code of Criminal Procedure.
 2-8           (b)  The department may not issue a driver's license to a
 2-9     person convicted of an offense specified in Subsection (a)  who, on
2-10     the date of the conviction, did not hold a driver's license.
2-11           (c)  The period of suspension under this section is the 180
2-12     days after the date of a final conviction, and the period of
2-13     license denial is the 180 days after the date the person applies to
2-14     the department for reinstatement or issuance of a driver's license,
2-15     unless the person has previously been denied a license under this
2-16     section or had a license suspended, in which event the period of
2-17     suspension is one year after the date of a final conviction, and
2-18     the period of license denial is one year after the date the person
2-19     applies to the department for reinstatement or issuance of a
2-20     driver's license.
2-21           SECTION 3. This Act takes effect September 1, 2001.