By Bivins                                              S.B. No. 968
         77R6931 GWK-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to acquiring motor fuel without paying for the fuel;
 1-3     providing 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 31.031 to read as follows:
 1-7           Sec. 31.031.  ACQUIRING MOTOR FUEL WITHOUT PAYMENT. (a)  A
 1-8     person commits an offense if the person with intent to defraud
 1-9     another:
1-10                 (1)  dispenses motor fuel into the fuel tank of a motor
1-11     vehicle on the premises of an establishment at which motor fuel is
1-12     offered for retail sale; and
1-13                 (2)  after dispensing the motor fuel, leaves the
1-14     premises of the establishment without paying the establishment for
1-15     the motor fuel.
1-16           (b)  An offense under this section is a Class C misdemeanor.
1-17           (c)  If the court determines that a defendant convicted of an
1-18     offense under this section has previously been convicted under this
1-19     section, the judge shall enter an affirmative finding of that fact
1-20     in the judgment in the case.
1-21           (d)  If conduct constituting an offense under this section
1-22     also constitutes an offense under another section of this code, the
1-23     actor may be prosecuted under either section or under both
1-24     sections.
 2-1           SECTION 2. Subchapter O, Chapter 521, Transportation Code, is
 2-2     amended by adding Section 521.349 to read as follows:
 2-3           Sec. 521.349.  ACQUIRING MOTOR FUEL WITHOUT PAYMENT:
 2-4     AUTOMATIC SUSPENSION; LICENSE DENIAL. (a)  A person's driver's
 2-5     license is automatically suspended on final conviction of an
 2-6     offense under Section 31.031, Penal Code, if the judgment in the
 2-7     case contains an affirmative finding under Section 31.031(c).
 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.