Perez Motor Fuel Bill Makes Modifying A Pump A Felony

The text as introduced · 967 words

89R1101 MZM-F

By: Perez of Harris
H.B. No. 316

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 certain organized criminal

activity.

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, as amended by

Chapters 269 (S.B. 224), 369 (H.B. 1442), 462 (S.B. 1900), 885 (H.B.

4635), and 910 (H.B. 6), Acts of the 88th Legislature, Regular

Session, 2023, is reenacted and 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 or

foreign terrorist organization, 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:

(A) through forgery, fraud, misrepresentation,

or deception; or

(B) with the intent to deliver the controlled

substance or dangerous drug;

(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;

[ (5-b) any unlawful possession with intent to deliver

a controlled substance or dangerous drug;

[ (5-b) unlawful possession with intent to deliver a

controlled substance listed in Penalty Group 1-B under Section

481.1022, Health and Safety 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, 20.06, or 20.07;

(18) any offense under Section 16.02 or 16.021 ;

(19) any offense punishable under Section 42.03(d) or

(e);

(20) [ (19) ] an offense under Section 28.03 that is

punishable under Subsection (b)(4)(E) of that section;

(21) [ (20) ] an offense under Section 31.21 that is

punishable under Subsection (d) of that section; [ or ]

(22) [ (20) ] any offense classified as a felony under

the Tax Code; or

(23) [ (21) ] any offense under Section 545.420,

Transportation 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, 2025.