Texas House Bill HB4598

Texas 2023 - 88th Regular

• Filed: 3/9/23

Caption

Relating to catalytic converters, including criminal conduct involving catalytic converters; providing an administrative penalty; creating a criminal offense; increasing a criminal penalty; increasing a fee.

Impact

If enacted, HB4598 would significantly amend existing laws related to property theft, particularly under the Penal Code. It introduces presumption laws regarding the unauthorized possession of catalytic converters, establishing clearer guidelines for law enforcement to address theft effectively. The bill’s provisions also potentially preempt local laws, standardizing enforcement protocols statewide and limiting municipalities' ability to impose additional restrictions or requirements beyond those set by state law. The intention is to provide law enforcement with the necessary tools to combat organized crime linked to the black market for these vehicle parts.

Summary

House Bill 4598, also known as the Deputy Darren Almendarez Act, aims to effectively address the escalating issue of catalytic converter thefts, which have surged by more than 1200% since 2019. The bill proposes stricter regulations surrounding the buying, selling, and possession of catalytic converters, particularly focusing on the criminal and administrative penalties associated with their unauthorized possession. The legislation is set to create higher penalties for those found in possession of stolen catalytic converters and impose registration requirements on metal recycling entities involved in such transactions.

Sentiment

The sentiment surrounding HB4598 appears to be predominantly supportive among law enforcement agencies and industry stakeholders. Proponents argue that the legislation is a necessary measure to protect the community from increasing crime rates associated with catalytic converter thefts. They highlight its potential to enhance public safety and facilitate more efficient law enforcement responses. However, there are concerns from some sectors about the balance between regulation and personal property rights, as stricter measures against metal recyclers could impact legitimate businesses involved in the recycling process.

Contention

Despite the overall support for HB4598, notable points of contention exist around the extent of the regulations and their implications for metal recycling businesses. Critics argue that increased penalties could unduly burden those operating within the law, potentially stifacing legitimate operations while failing to adequately deter criminal behavior by organized crime networks. The bill's approach to presumed authorization for possession without sufficient proof of ownership may also face scrutiny during legislative deliberations.

Texas Constitutional Statutes Affected

Penal Code

• Chapter 28. Arson, Criminal Mischief, And Other Property Damage Or Destruction
  • Section: New Section

Occupations Code

• Chapter 1956. Metal Recycling Entities
  • Section: New Section

• Chapter 2305. Records Of Certain Vehicle Repairs, Sales, And Purchases
  • Section: New Section

Transportation Code

• Chapter 1006. Motor Vehicle Crime Prevention Authority
  • Section: New Section