Texas 2023 - 88th Regular

Texas House Bill HB2086 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Perez (Senate Sponsor - Zaffirini) H.B. No. 2086
2	2	(In the Senate - Received from the House May 15, 2023;
3	3	May 15, 2023, read first time and referred to Committee on Criminal
4	4	Justice; May 19, 2023, reported favorably by the following vote:
5	5	Yeas 7, Nays 0; May 19, 2023, sent to printer.)
6	6	Click here to see the committee vote
7	7
8	8
9	9	COMMITTEE VOTE
10	10	YeaNayAbsentPNV
11	11	WhitmireX
12	12	FloresX
13	13	BettencourtX
14	14	HinojosaX
15	15	HuffmanX
16	16	KingX
17	17	MilesX
18	18	A BILL TO BE ENTITLED
19	19	AN ACT
20	20	relating to creating a criminal offense for interfering with a
21	21	motor fuel metering device or motor fuel unattended payment
22	22	terminal and the prosecution of organized criminal activity
23	23	involving that conduct.
24	24	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
25	25	SECTION 1. Chapter 16, Penal Code, is amended by adding
26	26	Section 16.021 to read as follows:
27	27	Sec. 16.021. INTERFERENCE WITH MOTOR FUEL METERING DEVICE
28	28	OR MOTOR FUEL UNATTENDED PAYMENT TERMINAL. (a) In this section:
29	29	(1) "Motor fuel manipulation device" means a mechanism
30	30	manufactured, assembled, or adapted to manipulate or alter a motor
31	31	fuel metering device or a motor fuel unattended payment terminal
32	32	for an unlawful purpose.
33	33	(2) "Motor fuel metering device" has the meaning
34	34	assigned by Section 2310.001, Occupations Code.
35	35	(3) "Motor fuel unattended payment terminal" has the
36	36	meaning assigned by Section 607.001, Business & Commerce Code.
37	37	(b) A person commits an offense if the person:
38	38	(1) intentionally intercepts, disrupts, or otherwise
39	39	interferes with the operation of or attempts to intercept, disrupt,
40	40	or otherwise interfere with the operation of a motor fuel metering
41	41	device or motor fuel unattended payment terminal;
42	42	(2) intentionally modifies or attempts to modify a
43	43	motor fuel metering device or motor fuel unattended payment
44	44	terminal;
45	45	(3) intentionally manufactures, assembles, possesses,
46	46	sells, or attempts to sell a motor fuel manipulation device;
47	47	(4) knowingly benefits from conduct described by
48	48	Subdivision (1) or (2); or
49	49	(5) knowingly benefits from the sale of a motor fuel
50	50	manipulation device.
51	51	(c) It is an affirmative defense to prosecution under
52	52	Subsection (b)(3) for possession of a motor fuel manipulation
53	53	device that the device is possessed by:
54	54	(1) a service technician, as defined by Section
55	55	2310.151, Occupations Code, acting in the course and scope of the
56	56	technician's employment, as authorized by the technician's
57	57	employer, the Texas Department of Licensing and Regulation, or a
58	58	law enforcement agency;
59	59	(2) an employee or authorized representative of the
60	60	Texas Department of Licensing and Regulation assigned to administer
61	61	or enforce Chapter 2310, Occupations Code, acting in the course and
62	62	scope of the employee's or representative's official duties; or
63	63	(3) a law enforcement officer while engaged in the
64	64	actual discharge of the officer's official duties.
65	65	(d) An offense under this section is a felony of the second
66	66	degree.
67	67	SECTION 2. Section 71.02(a), Penal Code, is amended to read
68	68	as follows:
69	69	(a) A person commits an offense if, with the intent to
70	70	establish, maintain, or participate in a combination or in the
71	71	profits of a combination or as a member of a criminal street gang,
72	72	the person commits or conspires to commit one or more of the
73	73	following:
74	74	(1) murder, capital murder, arson, aggravated
75	75	robbery, robbery, burglary, theft, aggravated kidnapping,
76	76	kidnapping, aggravated assault, aggravated sexual assault, sexual
77	77	assault, continuous sexual abuse of young child or disabled
78	78	individual, solicitation of a minor, forgery, deadly conduct,
79	79	assault punishable as a Class A misdemeanor, burglary of a motor
80	80	vehicle, or unauthorized use of a motor vehicle;
81	81	(2) any gambling offense punishable as a Class A
82	82	misdemeanor;
83	83	(3) promotion of prostitution, aggravated promotion
84	84	of prostitution, or compelling prostitution;
85	85	(4) unlawful manufacture, transportation, repair, or
86	86	sale of firearms or prohibited weapons;
87	87	(5) unlawful manufacture, delivery, dispensation, or
88	88	distribution of a controlled substance or dangerous drug, or
89	89	unlawful possession of a controlled substance or dangerous drug
90	90	through forgery, fraud, misrepresentation, or deception;
91	91	(5-a) causing the unlawful delivery, dispensation, or
92	92	distribution of a controlled substance or dangerous drug in
93	93	violation of Subtitle B, Title 3, Occupations Code;
94	94	(6) any unlawful wholesale promotion or possession of
95	95	any obscene material or obscene device with the intent to wholesale
96	96	promote the same;
97	97	(7) any offense under Subchapter B, Chapter 43,
98	98	depicting or involving conduct by or directed toward a child
99	99	younger than 18 years of age;
100	100	(8) any felony offense under Chapter 32;
101	101	(9) any offense under Chapter 36;
102	102	(10) any offense under Chapter 34, 35, or 35A;
103	103	(11) any offense under Section 37.11(a);
104	104	(12) any offense under Chapter 20A;
105	105	(13) any offense under Section 37.10;
106	106	(14) any offense under Section 38.06, 38.07, 38.09, or
107	107	38.11;
108	108	(15) any offense under Section 42.10;
109	109	(16) any offense under Section 46.06(a)(1) or 46.14;
110	110	(17) any offense under Section 20.05 or 20.06;
111	111	(18) any offense under Section 16.02 or 16.021; or
112	112	(19) any offense classified as a felony under the Tax
113	113	Code.
114	114	SECTION 3. The change in law made by this Act applies only
115	115	to an offense committed on or after the effective date of this Act.
116	116	An offense committed before the effective date of this Act is
117	117	governed by the law in effect on the date the offense was committed,
118	118	and the former law is continued in effect for that purpose. For
119	119	purposes of this section, an offense was committed before the
120	120	effective date of this Act if any element of the offense occurred
121	121	before that date.
122	122	SECTION 4. This Act takes effect September 1, 2023.
123	123	* * * * *