By: Perez (Senate Sponsor - Zaffirini) H.B. No. 2086
(In the Senate - Received from the House May 15, 2023;
May 15, 2023, read first time and referred to Committee on Criminal
Justice; May 19, 2023, reported favorably by the following vote:
Yeas 7, Nays 0; May 19, 2023, sent to printer.)
Click here to see the committee vote
COMMITTEE VOTE
YeaNayAbsentPNV
WhitmireX
FloresX
BettencourtX
HinojosaX
HuffmanX
KingX
MilesX
A BILL TO BE ENTITLED
AN ACT
relating to creating a criminal offense for interfering with a
motor fuel metering device or motor fuel unattended payment
terminal and the prosecution of organized criminal activity
involving that conduct.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 16, Penal Code, is amended by adding
Section 16.021 to read as follows:
Sec. 16.021. INTERFERENCE WITH MOTOR FUEL METERING DEVICE
OR MOTOR FUEL UNATTENDED PAYMENT TERMINAL. (a) In this section:
(1) "Motor fuel manipulation device" means a mechanism
manufactured, assembled, or adapted to manipulate or alter a motor
fuel metering device or a motor fuel unattended payment terminal
for an unlawful purpose.
(2) "Motor fuel metering device" has the meaning
assigned by Section 2310.001, Occupations Code.
(3) "Motor fuel unattended payment terminal" has the
meaning assigned by Section 607.001, Business & Commerce Code.
(b) A person commits an offense if the person:
(1) intentionally intercepts, disrupts, or otherwise
interferes with the operation of or attempts to intercept, disrupt,
or otherwise interfere with the operation of a motor fuel metering
device or motor fuel unattended payment terminal;
(2) intentionally modifies or attempts to modify a
motor fuel metering device or motor fuel unattended payment
terminal;
(3) intentionally manufactures, assembles, possesses,
sells, or attempts to sell a motor fuel manipulation device;
(4) knowingly benefits from conduct described by
Subdivision (1) or (2); or
(5) knowingly benefits from the sale of a motor fuel
manipulation device.
(c) It is an affirmative defense to prosecution under
Subsection (b)(3) for possession of a motor fuel manipulation
device that the device is possessed by:
(1) a service technician, as defined by Section
2310.151, Occupations Code, acting in the course and scope of the
technician's employment, as authorized by the technician's
employer, the Texas Department of Licensing and Regulation, or a
law enforcement agency;
(2) an employee or authorized representative of the
Texas Department of Licensing and Regulation assigned to administer
or enforce Chapter 2310, Occupations Code, acting in the course and
scope of the employee's or representative's official duties; or
(3) a law enforcement officer while engaged in the
actual discharge of the officer's official duties.
(d) An offense under this section is a felony of the second
degree.
SECTION 2. Section 71.02(a), Penal Code, is amended to read
as follows:
(a) A person commits an offense if, with the intent to
establish, maintain, or participate in a combination or in the
profits of a combination or as a member of a criminal street gang,
the person commits or conspires to commit one or more of the
following:
(1) murder, capital murder, arson, aggravated
robbery, robbery, burglary, theft, aggravated kidnapping,
kidnapping, aggravated assault, aggravated sexual assault, sexual
assault, continuous sexual abuse of young child or disabled
individual, solicitation of a minor, forgery, deadly conduct,
assault punishable as a Class A misdemeanor, burglary of a motor
vehicle, or unauthorized use of a motor vehicle;
(2) any gambling offense punishable as a Class A
misdemeanor;
(3) promotion of prostitution, aggravated promotion
of prostitution, or compelling prostitution;
(4) unlawful manufacture, transportation, repair, or
sale of firearms or prohibited weapons;
(5) unlawful manufacture, delivery, dispensation, or
distribution of a controlled substance or dangerous drug, or
unlawful possession of a controlled substance or dangerous drug
through forgery, fraud, misrepresentation, or deception;
(5-a) causing the unlawful delivery, dispensation, or
distribution of a controlled substance or dangerous drug in
violation of Subtitle B, Title 3, Occupations Code;
(6) any unlawful wholesale promotion or possession of
any obscene material or obscene device with the intent to wholesale
promote the same;
(7) any offense under Subchapter B, Chapter 43,
depicting or involving conduct by or directed toward a child
younger than 18 years of age;
(8) any felony offense under Chapter 32;
(9) any offense under Chapter 36;
(10) any offense under Chapter 34, 35, or 35A;
(11) any offense under Section 37.11(a);
(12) any offense under Chapter 20A;
(13) any offense under Section 37.10;
(14) any offense under Section 38.06, 38.07, 38.09, or
38.11;
(15) any offense under Section 42.10;
(16) any offense under Section 46.06(a)(1) or 46.14;
(17) any offense under Section 20.05 or 20.06;
(18) any offense under Section 16.02 or 16.021; or
(19) any offense classified as a felony under the Tax
Code.
SECTION 3. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
SECTION 4. This Act takes effect September 1, 2023.
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