1-1 By: Bivins, Haywood S.B. No. 968 1-2 (In the Senate - Filed February 27, 2001; February 28, 2001, 1-3 read first time and referred to Committee on Criminal Justice; 1-4 April 3, 2001, reported adversely, with favorable Committee 1-5 Substitute by the following vote: Yeas 6, Nays 0; April 3, 2001, 1-6 sent to printer.) 1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 968 By: Bivins 1-8 A BILL TO BE ENTITLED 1-9 AN ACT 1-10 relating to certain civil consequences of a theft involving motor 1-11 fuel. 1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-13 SECTION 1. Chapter 42, Code of Criminal Procedure, is 1-14 amended by adding Article 42.019 to read as follows: 1-15 Art. 42.019. MOTOR FUEL THEFT. (a) A judge shall enter an 1-16 affirmative finding in the judgment in a case if the judge or jury, 1-17 whichever is the finder of fact, determines beyond a reasonable 1-18 doubt in the guilt or innocence phase of the trial of an offense 1-19 under Section 31.03, Penal Code, that the defendant, in committing 1-20 the offense: 1-21 (1) dispensed motor fuel into the fuel tank of a motor 1-22 vehicle on the premises of an establishment at which motor fuel is 1-23 offered for retail sale; and 1-24 (2) after dispensing the motor fuel, left the premises 1-25 of the establishment without paying the establishment for the motor 1-26 fuel. 1-27 (b) If a judge enters an affirmative finding as required by 1-28 Subsection (a) and determines that the defendant has previously 1-29 been convicted of an offense the judgment for which contains an 1-30 affirmative finding under Subsection (a), the judge shall enter a 1-31 special affirmative finding in the judgment in the case. 1-32 SECTION 2. Subchapter O, Chapter 521, Transportation Code, 1-33 is amended by adding Section 521.349 to read as follows: 1-34 Sec. 521.349. ACQUIRING MOTOR FUEL WITHOUT PAYMENT: 1-35 AUTOMATIC SUSPENSION; LICENSE DENIAL. (a) A person's driver's 1-36 license is automatically suspended on final conviction of an 1-37 offense under Section 31.03, Penal Code, if the judgment in the 1-38 case contains a special affirmative finding under Article 42.019, 1-39 Code of Criminal Procedure. 1-40 (b) The department may not issue a driver's license to a 1-41 person convicted of an offense specified in Subsection (a) who, on 1-42 the date of the conviction, did not hold a driver's license. 1-43 (c) The period of suspension under this section is the 180 1-44 days after the date of a final conviction, and the period of 1-45 license denial is the 180 days after the date the person applies to 1-46 the department for reinstatement or issuance of a driver's license, 1-47 unless the person has previously been denied a license under this 1-48 section or had a license suspended, in which event the period of 1-49 suspension is one year after the date of a final conviction, and 1-50 the period of license denial is one year after the date the person 1-51 applies to the department for reinstatement or issuance of a 1-52 driver's license. 1-53 SECTION 3. This Act takes effect September 1, 2001. 1-54 * * * * *