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                                  * * * * *