By: Raymond H.B. No. 3291
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the offense of theft of pipeline
equipment, oil and gas equipment, oil, gas, or condensate and the
unauthorized purchase or sale of oil, gas, or condensate.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 31.03 (e)(6), Penal Code is amended to
read as follows:
(6) a felony of the second degree if:
(A) the value of the property stolen is $100,000 or
more but less than $200,000; [or]
(B) the value of the property stolen is less than
$200,000 and the property stolen is an automated teller machine or
the contents or components of an automated teller machine;
(C) the value of the property stolen is $10,000 or more
but less than $200,000 and the property stolen is pipeline
equipment or oil and gas equipment as defined by Section 112.001,
Natural Resources Code; or
(D) the value of the property stolen is $10,000 or more
but less than $200,000 and the property stolen is oil or gas as
defined by Section 115.001, Natural Resources Code or condensate.
SECTION 2. Section 31.03 (f)(2), Penal Code is amended to
read as follows:
(f) An offense described for purposes of punishment by
Subsections (e)(1)-(6) is increased to the next higher category of
offense if it is shown on the trial of the offense that:
(4) the actor was a Medicare provider in a contractual
relationship with the federal government at the time of the offense
and the property appropriated came into the actor's custody,
possession, or control by virtue of the contractual relationship;
or
(5) during the commission of the offense, the actor
intentionally, knowingly, or recklessly:
(A) caused a fire exit alarm to sound or
otherwise become activated;
(B) deactivated or otherwise prevented a fire
exit alarm or retail theft detector from sounding; or
(C) used a shielding or deactivation instrument
to prevent or attempt to prevent detection of the offense by a
retail theft detector; or
(6) the actor was in a contractual or employment
relationship with the owner of the oil, gas, condensate, pipeline
equipment, or oil and gas equipment at the time of the offense and
the oil, gas, condensate, pipeline equipment, or oil and gas
equipment was in the actor's custody, possession, or control by
virtue of the contractual or employment relationship.
SECTION 3. Section 85.389, Natural Resources Code is
amended to read as follows:
(b) A person who purchases or sells oil, gas or condensate
without first obtaining the required registration or permits from
the commission for the sale or purchase of oil, gas or condensate
commits an offense.
(c)[b] An offense under this section is a felony of the
second [third] degree.
SECTION 4. This Act takes effect September 1, 2015.