Texas 2025 - 89th Regular

Texas Senate Bill SB575 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R1101 MZM-F
2	2	By: Zaffirini S.B. No. 575
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to creating a criminal offense for interfering with a
10	10	motor fuel metering device or motor fuel unattended payment
11	11	terminal and the prosecution of certain organized criminal
12	12	activity.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Chapter 16, Penal Code, is amended by adding
15	15	Section 16.021 to read as follows:
16	16	Sec. 16.021. INTERFERENCE WITH MOTOR FUEL METERING DEVICE
17	17	OR MOTOR FUEL UNATTENDED PAYMENT TERMINAL. (a) In this section:
18	18	(1) "Motor fuel manipulation device" means a mechanism
19	19	manufactured, assembled, or adapted to manipulate or alter a motor
20	20	fuel metering device or a motor fuel unattended payment terminal
21	21	for an unlawful purpose.
22	22	(2) "Motor fuel metering device" has the meaning
23	23	assigned by Section 2310.001, Occupations Code.
24	24	(3) "Motor fuel unattended payment terminal" has the
25	25	meaning assigned by Section 607.001, Business & Commerce Code.
26	26	(b) A person commits an offense if the person:
27	27	(1) intentionally intercepts, disrupts, or otherwise
28	28	interferes with the operation of or attempts to intercept, disrupt,
29	29	or otherwise interfere with the operation of a motor fuel metering
30	30	device or motor fuel unattended payment terminal;
31	31	(2) intentionally modifies or attempts to modify a
32	32	motor fuel metering device or motor fuel unattended payment
33	33	terminal;
34	34	(3) intentionally manufactures, assembles, possesses,
35	35	sells, or attempts to sell a motor fuel manipulation device;
36	36	(4) knowingly benefits from conduct described by
37	37	Subdivision (1) or (2); or
38	38	(5) knowingly benefits from the sale of a motor fuel
39	39	manipulation device.
40	40	(c) It is an affirmative defense to prosecution under
41	41	Subsection (b)(3) for possession of a motor fuel manipulation
42	42	device that the device is possessed by:
43	43	(1) a service technician, as defined by Section
44	44	2310.151, Occupations Code, acting in the course and scope of the
45	45	technician's employment, as authorized by the technician's
46	46	employer, the Texas Department of Licensing and Regulation, or a
47	47	law enforcement agency;
48	48	(2) an employee or authorized representative of the
49	49	Texas Department of Licensing and Regulation assigned to administer
50	50	or enforce Chapter 2310, Occupations Code, acting in the course and
51	51	scope of the employee's or representative's official duties; or
52	52	(3) a law enforcement officer while engaged in the
53	53	actual discharge of the officer's official duties.
54	54	(d) An offense under this section is a felony of the second
55	55	degree.
56	56	SECTION 2. Section 71.02(a), Penal Code, as amended by
57	57	Chapters 269 (S.B. 224), 369 (H.B. 1442), 462 (S.B. 1900), 885 (H.B.
58	58	4635), and 910 (H.B. 6), Acts of the 88th Legislature, Regular
59	59	Session, 2023, is reenacted and amended to read as follows:
60	60	(a) A person commits an offense if, with the intent to
61	61	establish, maintain, or participate in a combination or in the
62	62	profits of a combination or as a member of a criminal street gang or
63	63	foreign terrorist organization, the person commits or conspires to
64	64	commit one or more of the following:
65	65	(1) murder, capital murder, arson, aggravated
66	66	robbery, robbery, burglary, theft, aggravated kidnapping,
67	67	kidnapping, aggravated assault, aggravated sexual assault, sexual
68	68	assault, continuous sexual abuse of young child or disabled
69	69	individual, solicitation of a minor, forgery, deadly conduct,
70	70	assault punishable as a Class A misdemeanor, burglary of a motor
71	71	vehicle, or unauthorized use of a motor vehicle;
72	72	(2) any gambling offense punishable as a Class A
73	73	misdemeanor;
74	74	(3) promotion of prostitution, aggravated promotion
75	75	of prostitution, or compelling prostitution;
76	76	(4) unlawful manufacture, transportation, repair, or
77	77	sale of firearms or prohibited weapons;
78	78	(5) unlawful manufacture, delivery, dispensation, or
79	79	distribution of a controlled substance or dangerous drug, or
80	80	unlawful possession of a controlled substance or dangerous drug:
81	81	(A) through forgery, fraud, misrepresentation,
82	82	or deception; or
83	83	(B) with the intent to deliver the controlled
84	84	substance or dangerous drug;
85	85	(5-a) causing the unlawful delivery, dispensation, or
86	86	distribution of a controlled substance or dangerous drug in
87	87	violation of Subtitle B, Title 3, Occupations Code;
88	88	[(5-b) any unlawful possession with intent to deliver
89	89	a controlled substance or dangerous drug;
90	90	[(5-b) unlawful possession with intent to deliver a
91	91	controlled substance listed in Penalty Group 1-B under Section
92	92	481.1022, Health and Safety Code;]
93	93	(6) any unlawful wholesale promotion or possession of
94	94	any obscene material or obscene device with the intent to wholesale
95	95	promote the same;
96	96	(7) any offense under Subchapter B, Chapter 43,
97	97	depicting or involving conduct by or directed toward a child
98	98	younger than 18 years of age;
99	99	(8) any felony offense under Chapter 32;
100	100	(9) any offense under Chapter 36;
101	101	(10) any offense under Chapter 34, 35, or 35A;
102	102	(11) any offense under Section 37.11(a);
103	103	(12) any offense under Chapter 20A;
104	104	(13) any offense under Section 37.10;
105	105	(14) any offense under Section 38.06, 38.07, 38.09, or
106	106	38.11;
107	107	(15) any offense under Section 42.10;
108	108	(16) any offense under Section 46.06(a)(1) or 46.14;
109	109	(17) any offense under Section 20.05, 20.06, or 20.07;
110	110	(18) any offense under Section 16.02 or 16.021;
111	111	(19) any offense punishable under Section 42.03(d) or
112	112	(e);
113	113	(20) [(19)] an offense under Section 28.03 that is
114	114	punishable under Subsection (b)(4)(E) of that section;
115	115	(21) [(20)] an offense under Section 31.21 that is
116	116	punishable under Subsection (d) of that section; [or]
117	117	(22) [(20)] any offense classified as a felony under
118	118	the Tax Code; or
119	119	(23) [(21)] any offense under Section 545.420,
120	120	Transportation Code.
121	121	SECTION 3. The change in law made by this Act applies only
122	122	to an offense committed on or after the effective date of this Act.
123	123	An offense committed before the effective date of this Act is
124	124	governed by the law in effect on the date the offense was committed,
125	125	and the former law is continued in effect for that purpose. For
126	126	purposes of this section, an offense was committed before the
127	127	effective date of this Act if any element of the offense occurred
128	128	before that date.
129	129	SECTION 4. This Act takes effect September 1, 2025.