Texas 2025 - 89th Regular

Texas House Bill HB3552

Filed
2/28/25  
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to criminal conduct involving the theft, damage, destruction, or unlawful possession of copper or brass, to criminal conduct committed in, around, or in relation to critical infrastructure facilities or equipment or interrupting or impairing the operation of those facilities or equipment, and to the sale of regulated materials, including copper or brass material, to metal recycling entities and training on identifying those materials; creating criminal offenses; increasing criminal penalties; providing an administrative penalty.

Impact

The bill expands the scope of criminal liability associated with the theft of copper and brass, especially when it concerns critical infrastructure. Local governments are preempted from enacting stricter ordinances that go beyond the provisions of this Act, ensuring a uniform approach across the state regarding the handling of copper or brass transactions. It also mandates that metal recycling entities comply with enhanced recordkeeping requirements when purchasing these materials to assist law enforcement investigations, thereby aiming to lower instances of metal theft and improve accountability within the recycling industry.

Summary

House Bill 3552 is focused on strengthening regulations and penalties concerning the theft, damage, or unlawful possession of copper and brass materials, particularly in relation to critical infrastructure facilities. The bill aims to create new criminal offenses and increase penalties for those involved in such crimes, with a specific emphasis on protecting vital infrastructure like electrical plants and telecommunications hubs. By defining what constitutes critical infrastructure and setting strong penalties, the bill intends to deter theft and protect essential services from disruptions caused by illegal activities.

Sentiment

The sentiment surrounding HB 3552 appears to be largely supportive among legislators advocating for enhanced security measures for critical infrastructure. Proponents argue that such legislation is essential for protecting vital community services from sabotage and theft, which can disrupt daily life and safety. However, there are concerns regarding the implications of overriding local ordinances, with some opposition suggesting that the bill may reduce local governments' abilities to respond to specific community needs or adapt regulations based on unique local contexts.

Contention

Notable points of contention focus on the balance between state regulation and local control. While the bill strengthens punishments and provides a clearer framework for addressing metal theft, opponents worry about the implications for local governance. The fear is that centralizing these regulations might hinder municipalities from addressing localized issues in a manner they deem necessary, particularly in areas where theft of copper and brass has unique impacts relevant to their community infrastructure. The debate centers around the effectiveness of state-wide measures against localized solutions tailored to specific circumstances.

Texas Constitutional Statutes Affected

Penal Code

  • Chapter 28. Arson, Criminal Mischief, And Other Property Damage Or Destruction
    • Section: New Section
    • Section: 03
    • Section: 03
  • Chapter 31. Theft
    • Section: New Section
    • Section: New Section
    • Section: New Section

Government Code

  • Chapter 423. Use Of Unmanned Aircraft
    • Section: 0045
    • Section: 0045
    • Section: 0045

Occupations Code

  • Chapter 1956. Metal Recycling Entities
    • Section: New Section
    • Section: New Section
    • Section: 001
    • Section: New Section

Companion Bills

TX SB1646

Same As Relating to criminal conduct involving the theft, damage, or destruction of copper or brass or involving the unauthorized possession of certain copper or brass material, to transactions of metal recycling entities involving certain copper or brass material, to training on identifying certain copper or brass material, and to studying the effect of certain regulations on incidents of theft of copper or brass material; creating criminal offenses; increasing criminal penalties; providing an administrative penalty.

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