Texas 2023 - 88th Regular

Texas Senate Bill SB2305 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R10437 MZM-F
2	2	By: Zaffirini S.B. No. 2305
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to creating a criminal offense for interfering with a
8	8	motor fuel metering device or motor fuel unattended payment
9	9	terminal and the prosecution of organized criminal activity
10	10	involving that conduct.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Chapter 16, Penal Code, is amended by adding
13	13	Section 16.021 to read as follows:
14	14	Sec. 16.021. INTERFERENCE WITH MOTOR FUEL METERING DEVICE
15	15	OR MOTOR FUEL UNATTENDED PAYMENT TERMINAL. (a) In this section:
16	16	(1) "Motor fuel manipulation device" means a mechanism
17	17	manufactured, assembled, or adapted to manipulate or alter a motor
18	18	fuel metering device or a motor fuel unattended payment terminal
19	19	for an unlawful purpose.
20	20	(2) "Motor fuel metering device" has the meaning
21	21	assigned by Section 2310.001, Occupations Code.
22	22	(3) "Motor fuel unattended payment terminal" has the
23	23	meaning assigned by Section 607.001, Business & Commerce Code.
24	24	(b) A person commits an offense if the person:
25	25	(1) intentionally intercepts, disrupts, or otherwise
26	26	interferes with the operation of or attempts to intercept, disrupt,
27	27	or otherwise interfere with the operation of a motor fuel metering
28	28	device or motor fuel unattended payment terminal;
29	29	(2) intentionally modifies or attempts to modify a
30	30	motor fuel metering device or motor fuel unattended payment
31	31	terminal;
32	32	(3) intentionally manufactures, assembles, possesses,
33	33	sells, or attempts to sell a motor fuel manipulation device;
34	34	(4) knowingly benefits from conduct described by
35	35	Subdivision (1) or (2); or
36	36	(5) knowingly benefits from the sale of a motor fuel
37	37	manipulation device.
38	38	(c) It is an affirmative defense to prosecution under
39	39	Subsection (b)(3) for possession of a motor fuel manipulation
40	40	device that the device is possessed by:
41	41	(1) a service technician, as defined by Section
42	42	2310.151, Occupations Code, acting in the course and scope of the
43	43	technician's employment, as authorized by the technician's
44	44	employer, the Texas Department of Licensing and Regulation, or a
45	45	law enforcement agency;
46	46	(2) an employee or authorized representative of the
47	47	Texas Department of Licensing and Regulation assigned to administer
48	48	or enforce Chapter 2310, Occupations Code, acting in the course and
49	49	scope of the employee's or representative's official duties; or
50	50	(3) a law enforcement officer while engaged in the
51	51	actual discharge of the officer's official duties.
52	52	(d) An offense under this section is a felony of the second
53	53	degree.
54	54	SECTION 2. Section 71.02(a), Penal Code, is amended to read
55	55	as follows:
56	56	(a) A person commits an offense if, with the intent to
57	57	establish, maintain, or participate in a combination or in the
58	58	profits of a combination or as a member of a criminal street gang,
59	59	the person commits or conspires to commit one or more of the
60	60	following:
61	61	(1) murder, capital murder, arson, aggravated
62	62	robbery, robbery, burglary, theft, aggravated kidnapping,
63	63	kidnapping, aggravated assault, aggravated sexual assault, sexual
64	64	assault, continuous sexual abuse of young child or disabled
65	65	individual, solicitation of a minor, forgery, deadly conduct,
66	66	assault punishable as a Class A misdemeanor, burglary of a motor
67	67	vehicle, or unauthorized use of a motor vehicle;
68	68	(2) any gambling offense punishable as a Class A
69	69	misdemeanor;
70	70	(3) promotion of prostitution, aggravated promotion
71	71	of prostitution, or compelling prostitution;
72	72	(4) unlawful manufacture, transportation, repair, or
73	73	sale of firearms or prohibited weapons;
74	74	(5) unlawful manufacture, delivery, dispensation, or
75	75	distribution of a controlled substance or dangerous drug, or
76	76	unlawful possession of a controlled substance or dangerous drug
77	77	through forgery, fraud, misrepresentation, or deception;
78	78	(5-a) causing the unlawful delivery, dispensation, or
79	79	distribution of a controlled substance or dangerous drug in
80	80	violation of Subtitle B, Title 3, Occupations Code;
81	81	(6) any unlawful wholesale promotion or possession of
82	82	any obscene material or obscene device with the intent to wholesale
83	83	promote the same;
84	84	(7) any offense under Subchapter B, Chapter 43,
85	85	depicting or involving conduct by or directed toward a child
86	86	younger than 18 years of age;
87	87	(8) any felony offense under Chapter 32;
88	88	(9) any offense under Chapter 36;
89	89	(10) any offense under Chapter 34, 35, or 35A;
90	90	(11) any offense under Section 37.11(a);
91	91	(12) any offense under Chapter 20A;
92	92	(13) any offense under Section 37.10;
93	93	(14) any offense under Section 38.06, 38.07, 38.09, or
94	94	38.11;
95	95	(15) any offense under Section 42.10;
96	96	(16) any offense under Section 46.06(a)(1) or 46.14;
97	97	(17) any offense under Section 20.05 or 20.06;
98	98	(18) any offense under Section 16.02 or 16.021; or
99	99	(19) any offense classified as a felony under the Tax
100	100	Code.
101	101	SECTION 3. The change in law made by this Act applies only
102	102	to an offense committed on or after the effective date of this Act.
103	103	An offense committed before the effective date of this Act is
104	104	governed by the law in effect on the date the offense was committed,
105	105	and the former law is continued in effect for that purpose. For
106	106	purposes of this section, an offense was committed before the
107	107	effective date of this Act if any element of the offense occurred
108	108	before that date.
109	109	SECTION 4. This Act takes effect September 1, 2023.