By Smithee                                            H.B. No. 1563
         77R5781 E                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the theft of motor fuel from a retail store; providing
 1-3     penalties.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Chapter 31, Penal Code, is amended by adding
 1-6     Section 31.15 to read as follows:
 1-7           Sec. 31.15.  THEFT OF MOTOR FUEL FROM RETAIL STORE. (a)  Any
 1-8     person who leaves the premises of a retail store at which motor
 1-9     fuel offered for retail sale was dispensed into the fuel tank of a
1-10     motor vehicle by driving away in that motor vehicle without having
1-11     made due payment or authorized charge for the motor fuel so
1-12     dispensed, with intent to defraud the retail establishment, shall
1-13     be guilty of a Class C misdemeanor.
1-14           (b)  On any second or subsequent such offense, the driver's
1-15     license of the person shall be suspended as follows.  The person
1-16     shall submit the driver's license to the court on conviction and
1-17     the court shall forward the driver's license to the Department of
1-18     Public Safety.
1-19           (c)  The first suspension of a driver's license under
1-20     Subsection (b) shall be for a period of six months.  A second or
1-21     subsequent suspension of a driver's license under Subsection (b)
1-22     shall be for a period of one year.
1-23           (d)  At the expiration of the suspension period, and on
1-24     payment of a restoration fee of $25, the suspension shall terminate
 2-1     and the Department of Public Safety shall return the driver's
 2-2     license to the person.