Texas 2023 - 88th Regular

Texas Senate Bill SB224

Filed
11/14/22  
Out of Senate Committee
3/27/23  
Voted on by Senate
4/3/23  
Out of House Committee
5/6/23  
Voted on by House
5/16/23  
Governor Action
5/29/23  

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, SB224 would significantly impact the statutes related to property theft and recyclers of metal, especially catalytic converters. The bill introduces harsher penalties depending on the value of the converters stolen. It also mandates metal recycling entities to maintain accurate records related to their purchase of catalytic converters and promotes collaboration among various state agencies to prevent and detect thefts. This regulatory approach is intended to bolster law enforcement's ability to combat organized crime without overly burdening legitimate businesses operating within this sector.

Summary

Senate Bill 224, also known as the Deputy Darren Almendarez Act, addresses the growing issue of catalytic converter theft in Texas, which has dramatically increased by over 1200% since 2019. The act aims to create a comprehensive criminal and regulatory framework to combat this crime. It establishes stricter penalties for those engaged in the theft of catalytic converters and sets up a presumption that anyone possessing a stolen catalytic converter has obtained it unlawfully, unless proven otherwise. The bill reflects the need for stronger protections against organized crime related to this type of theft, which has often resulted in violent incidents, as highlighted by the tragic death of Deputy Almendares during a theft attempt.

Sentiment

The sentiment around SB224 is largely supportive, especially among law enforcement and community members affected by catalytic converter thefts. Many lawmakers have expressed a strong commitment to tackling this issue, citing it as a necessary action to protect citizens and their property. However, there are concerns from some advocacy groups about how the bill might affect legitimate businesses that deal with metal recycling, emphasizing the need for balanced regulation to avoid unintended consequences.

Contention

One notable contention within the legislative discussions concerning SB224 revolves around the balance of law enforcement powers and the rights of individual businesses in the recycling industry. Some stakeholders argue that while it is essential to deter theft, the regulatory measures must not stifle legitimate operations. Additionally, there are concerns regarding adequate training and resources for law enforcement to effectively implement the new policies without infringing on civil liberties.

Texas Constitutional Statutes Affected

Penal Code

  • Chapter 28. Arson, Criminal Mischief, And Other Property Damage Or Destruction
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: 03
  • Chapter 31. Theft
    • Section: New Section
    • Section: New Section
  • Chapter 71. Organized Crime
    • Section: 02

Occupations Code

  • Chapter 1956. Metal Recycling Entities
    • Section: 030
    • Section: New Section
    • Section: 001
    • Section: 030
    • Section: 122
    • Section: 030
    • Section: 127
    • Section: New Section
  • Chapter 2305. Records Of Certain Vehicle Repairs, Sales, And Purchases
    • Section: 0041
    • Section: New Section
    • Section: 0041
    • Section: 0051
    • Section: New Section
    • Section: 0041
    • Section: 0051

Transportation Code

  • Chapter 1006. Motor Vehicle Crime Prevention Authority
    • Section: 153
    • Section: 001
    • Section: 153
    • Section: 001
    • Section: 153
    • Section: 001
    • Section: 153

Companion Bills

TX HB4598

Similar 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.

Previously Filed As

TX SB432

Relating to the prosecution of and punishment for theft of a catalytic converter; increasing a criminal penalty.

Similar Bills

TX HB4598

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.

TX HB87

Relating to the regulation of metal recycling entities; providing penalties.

TX HB1618

Relating to the civil and criminal prosecution of racketeering; providing penalties.

TX SB694

Relating to the regulation of metal recycling entities; providing penalties.

TX HB1933

Relating to the regulation of metal recycling entities; providing penalties.

TX SB1646

Relating to criminal conduct involving the theft or unauthorized possession of copper or brass and to the sale of copper or brass material to metal recycling entities; creating criminal offenses; providing an administrative penalty.

TX SB432

Relating to the prosecution of and punishment for theft of a catalytic converter; increasing a criminal penalty.