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.