1. (a) A person commits an offense if the person operates or intends to operate an aircraft equipped with:

   1. (1) a fuel container that the person knows does not conform to federal aviation regulations or that has not been approved by the Federal Aviation Administration by inspection or special permit; or
   2. (2) a pipe, hose, or auxiliary pump that is used or intended for transferring fuel to the primary fuel system of an aircraft from a fuel container that the person knows does not conform to federal aviation regulations or that has not been approved by the Federal Aviation Administration by inspection or special permit.
2. (b) An offense under Subsection (a) is a felony of the third degree.
3. (c) A peace officer may seize an aircraft equipped with a fuel container that is the subject of an offense under Subsection (a).
4. (d) An aircraft seized under Subsection (c) may be forfeited to the Department of Public Safety in the same manner as property subject to forfeiture under Article 18.18, Code of Criminal Procedure.
5. (e) An aircraft forfeited under Subsection (d) is subject to Chapter 2205, Government Code.

6. (f) In this section:

   1. (1) "Federal aviation regulations" means the following regulations adopted by the Federal Aviation Administration as those regulations existed on September 1, 1985, except a regulation in existence on September 1, 1985, that is inconsistent with a regulation adopted after that date:

      1. (A) certification procedures for products and parts, 14 C.F.R. Part 21;
      2. (B) maintenance, preventive maintenance, rebuilding, and alteration regulations, 14 C.F.R. Part 43; and
      3. (C) general operating and flight rules, 14 C.F.R. Part 91.

   2. (2) "Operate" means to use, cause to use, or authorize to use an aircraft for air navigation and includes:

      1. (A) the piloting of an aircraft, with or without the right of legal control;
      2. (B) the taxiing of an aircraft before takeoff or after landing; and
      3. (C) the postflight or preflight inspection or starting of the engine of an aircraft.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.