Art. 42.019. MOTOR FUEL THEFT. (a) A judge shall enter an affirmative finding in the judgment in a case if the judge or jury, whichever is the finder of fact, determines beyond a reasonable doubt in the guilt or innocence phase of the trial of an offense under Section 31.03, Penal Code, that the defendant, in committing the offense:
(1) dispensed motor fuel into the fuel tank of a motor vehicle on the premises of an establishment at which motor fuel is offered for retail sale; and
(2) after dispensing the motor fuel, left the premises of the establishment without paying the establishment for the motor fuel.
(b) If a judge enters an affirmative finding as required by Subsection (a) and determines that the defendant has previously been convicted of an offense the judgment for which contains an affirmative finding under Subsection (a), the judge shall enter a special affirmative finding in the judgment in the case.
Added by Acts 2001, 77th Leg., ch. 359, Sec. 1, eff. Sept. 1, 2001.
Article: Previous 42.015 42.016 42.017 42.018 42.0181 42.0182 42.0183 42.019 42.0191 42.0197 42.0198 42.0199 42.02 42.023 42.025 NextLast modified: September 28, 2016