By: Bivins, Haywood S.B. No. 968 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 1-6 amended 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, 1-25 is amended by adding Section 521.349 to read as follows: 2-1 Sec. 521.349. ACQUIRING MOTOR FUEL WITHOUT PAYMENT: 2-2 AUTOMATIC SUSPENSION; LICENSE DENIAL. (a) A person's driver's 2-3 license is automatically suspended on final conviction of an 2-4 offense under Section 31.03, Penal Code, if the judgment in the 2-5 case contains a special affirmative finding under Article 42.019, 2-6 Code of Criminal Procedure. 2-7 (b) The department may not issue a driver's license to a 2-8 person convicted of an offense specified in Subsection (a) who, on 2-9 the date of the conviction, did not hold a driver's license. 2-10 (c) The period of suspension under this section is the 180 2-11 days after the date of a final conviction, and the period of 2-12 license denial is the 180 days after the date the person applies to 2-13 the department for reinstatement or issuance of a driver's license, 2-14 unless the person has previously been denied a license under this 2-15 section or had a license suspended, in which event the period of 2-16 suspension is one year after the date of a final conviction, and 2-17 the period of license denial is one year after the date the person 2-18 applies to the department for reinstatement or issuance of a 2-19 driver's license. 2-20 SECTION 3. This Act takes effect September 1, 2001.