By: Raymond H.B. No. 3291
A BILL TO BE ENTITLED
AN ACT
relating to increasing the punishment for certain offenses
involving oil, gas, or condensate or equipment designed for the
exploration or production of oil and gas; creating an offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 85.389, Natural Resources Code, is
amended by amending Subsection (b) and adding Subsections (c) and
(d) to read as follows:
(b) A person commits an offense if the person purchases or
sells oil, gas, or condensate without the applicable tender,
authorization, or permit of the commission relating to oil or gas or
a product or byproduct of oil or gas.
(c) Subsection (b) does not apply to a pipeline operator or
gatherer that is authorized to operate by the commission.
(d) An offense under this section is a felony of the second
[third] degree.
SECTION 2. Section 31.03(e), Penal Code, is amended to read
as follows:
(e) Except as provided by Subsection (f), an offense under
this section is:
(1) a Class C misdemeanor if the value of the property
stolen is less than:
(A) $50; or
(B) $20 and the defendant obtained the property
by issuing or passing a check or similar sight order in a manner
described by Section 31.06;
(2) a Class B misdemeanor if:
(A) the value of the property stolen is:
(i) $50 or more but less than $500; or
(ii) $20 or more but less than $500 and the
defendant obtained the property by issuing or passing a check or
similar sight order in a manner described by Section 31.06;
(B) the value of the property stolen is less
than:
(i) $50 and the defendant has previously
been convicted of any grade of theft; or
(ii) $20, the defendant has previously been
convicted of any grade of theft, and the defendant obtained the
property by issuing or passing a check or similar sight order in a
manner described by Section 31.06; or
(C) the property stolen is a driver's license,
commercial driver's license, or personal identification
certificate issued by this state or another state;
(3) a Class A misdemeanor if the value of the property
stolen is $500 or more but less than $1,500;
(4) a state jail felony if:
(A) the value of the property stolen is $1,500 or
more but less than $20,000, or the property is less than 10 head of
sheep, swine, or goats or any part thereof under the value of
$20,000;
(B) regardless of value, the property is stolen
from the person of another or from a human corpse or grave,
including property that is a military grave marker;
(C) the property stolen is a firearm, as defined
by Section 46.01;
(D) the value of the property stolen is less than
$1,500 and the defendant has been previously convicted two or more
times of any grade of theft;
(E) the property stolen is an official ballot or
official carrier envelope for an election; or
(F) the value of the property stolen is less than
$20,000 and the property stolen is:
(i) aluminum;
(ii) bronze;
(iii) copper; or
(iv) brass;
(5) a felony of the third degree if:
(A) the value of the property stolen is $20,000
or more but less than $100,000, including property consisting of
oil, gas, condensate, oil and gas equipment, or pipeline equipment;
or
(B) the property is:
(i) [(A)] cattle, horses, or exotic
livestock or exotic fowl as defined by Section 142.001, Agriculture
Code, stolen during a single transaction and having an aggregate
value of less than $100,000; or
(ii) [(B)] 10 or more head of sheep, swine,
or goats stolen during a single transaction and having an aggregate
value of less than $100,000;
(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; or
(7) a felony of the first degree if the value of the
property stolen is $200,000 or more.
SECTION 3. Section 31.03(h), Penal Code, is amended by
adding Subdivisions (5), (6), and (7) to read as follows:
(5) "Oil and gas equipment" and "pipeline equipment"
have the meanings assigned by Section 112.001, Natural Resources
Code.
(6) "Oil" and "gas" have the meanings assigned by
Section 115.001, Natural Resources Code.
(7) "Condensate" has the meaning assigned by Section
201.001, Tax Code.
SECTION 4. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
SECTION 5. This Act takes effect September 1, 2015.