Texas 2025 - 89th Regular

Texas House Bill HB316

Filed
11/12/24  
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to creating a criminal offense for interfering with a motor fuel metering device or motor fuel unattended payment terminal and the prosecution of certain organized criminal activity.

Impact

The changes proposed by HB 316 will amend the Texas Penal Code to establish clear definitions and penalties for crimes associated with the tampering of fuel dispensing technology. Given the rising incidents of fuel theft and manipulation, proponents of the bill argue that it is necessary to deter such crimes which have become more sophisticated with the advancement of technology. The bill aims to enhance legal protections for businesses operating motor fuel terminals, thus potentially improving the overall integrity of fuel sales within the state. It is expected that stricter penalties will serve as a deterrent against organized criminal activities targeting fuel operations.

Summary

House Bill 316 seeks to address the growing issue of interference with motor fuel metering devices and unattended payment terminals. The bill introduces a new criminal offense specifically targeting actions that disrupt the functionality of these devices, which are crucial for ensuring accurate fuel dispensing and payment processes. Under this bill, individuals who intentionally manipulate or modify these devices would face significant legal consequences, categorized as a second-degree felony. The rationale behind this legislative effort is to protect consumers and businesses from fraud and financial losses associated with fuel theft.

Sentiment

The sentiment surrounding HB 316 appears to be generally supportive among lawmakers concerned about the integrity of fuel operations and public safety. Most discussions reflect a consensus on the necessity of creating a dedicated offense for this type of criminal activity, signaling an acknowledgment of the importance of modernizing legal frameworks to tackle evolving threats in the realm of organized crime. However, some concerns have been raised regarding the potential implications of enforcing such laws, particularly regarding the resources required for investigating tampering incidents.

Contention

While the bill predominantly garners support, notable points of contention may arise around the enforcement of the new law and the criteria for determining intent in violations. Critics might argue that the classification of certain actions as felonies could lead to discrepancies in enforcement. Furthermore, the bill’s impact on service technicians, who may need access to these devices for maintenance and repair, raises questions about the practicality of its implementation, particularly concerning the affirmative defenses outlined to protect legitimate activity by authorized personnel.

Texas Constitutional Statutes Affected

Penal Code

  • Chapter 16. Criminal Instruments, Interception Of Wire Or Oral Communication, And Installation Of Tracking Device
    • Section: New Section
    • Section: New Section
    • Section: New Section
  • Chapter 71. Organized Crime
    • Section: 02

Occupations Code

  • Chapter 2310. Motor Fuel Metering And Quality
    • Section: 001
    • Section: 151

Companion Bills

TX SB575

Identical Relating to creating a criminal offense for interfering with a motor fuel metering device or motor fuel unattended payment terminal and the prosecution of certain organized criminal activity.

Similar Bills

No similar bills found.