Texas 2023 - 88th Regular

Texas Senate Bill SB432 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R4427 JRR-D
2	2	By: Middleton S.B. No. 432
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the prosecution of and punishment for theft of a
8	8	catalytic converter; increasing a criminal penalty.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Sections 31.03(c) and (e), Penal Code, are
11	11	amended to read as follows:
12	12	(c) For purposes of Subsection (b):
13	13	(1) evidence that the actor has previously
14	14	participated in recent transactions other than, but similar to, the
15	15	transaction for [that] which the prosecution is based is admissible
16	16	for the purpose of showing knowledge or intent and the issues of
17	17	knowledge or intent are raised by the actor's plea of not guilty;
18	18	(2) the testimony of an accomplice shall be
19	19	corroborated by proof that tends to connect the actor to the crime,
20	20	but the actor's knowledge or intent may be established by the
21	21	uncorroborated testimony of the accomplice;
22	22	(3) an actor engaged in the business of buying and
23	23	selling used or secondhand personal property, or lending money on
24	24	the security of personal property deposited with the actor, is
25	25	presumed to know upon receipt by the actor of stolen property (other
26	26	than a motor vehicle subject to Chapter 501, Transportation Code)
27	27	that the property has been previously stolen from another if the
28	28	actor pays for or loans against the property $25 or more (or
29	29	consideration of equivalent value) and the actor knowingly or
30	30	recklessly:
31	31	(A) fails to record the name, address, and
32	32	physical description or identification number of the seller or
33	33	pledgor;
34	34	(B) fails to record a complete description of the
35	35	property, including the serial number, if reasonably available, or
36	36	other identifying characteristics; or
37	37	(C) fails to obtain a signed warranty from the
38	38	seller or pledgor that the seller or pledgor has the right to
39	39	possess the property. It is the express intent of this provision
40	40	that the presumption arises unless the actor complies with each of
41	41	the numbered requirements;
42	42	(4) for the purposes of Subdivision (3)(A),
43	43	"identification number" means driver's license number, military
44	44	identification number, identification certificate, or other
45	45	official number capable of identifying an individual;
46	46	(5) stolen property does not lose its character as
47	47	stolen when recovered by any law enforcement agency;
48	48	(6) an actor engaged in the business of obtaining
49	49	abandoned or wrecked motor vehicles or parts of an abandoned or
50	50	wrecked motor vehicle for resale, disposal, scrap, repair,
51	51	rebuilding, demolition, or other form of salvage is presumed to
52	52	know on receipt by the actor of stolen property that the property
53	53	has been previously stolen from another if the actor knowingly or
54	54	recklessly:
55	55	(A) fails to maintain an accurate and legible
56	56	inventory of each motor vehicle component part purchased by or
57	57	delivered to the actor, including the date of purchase or delivery,
58	58	the name, age, address, sex, and driver's license number of the
59	59	seller or person making the delivery, the license plate number of
60	60	the motor vehicle in which the part was delivered, a complete
61	61	description of the part, and the vehicle identification number of
62	62	the motor vehicle from which the part was removed, or in lieu of
63	63	maintaining an inventory, fails to record the name and certificate
64	64	of inventory number of the person who dismantled the motor vehicle
65	65	from which the part was obtained;
66	66	(B) fails on receipt of a motor vehicle to obtain
67	67	a certificate of authority, sales receipt, or transfer document as
68	68	required by Chapter 683, Transportation Code, or a certificate of
69	69	title showing that the motor vehicle is not subject to a lien or
70	70	that all recorded liens on the motor vehicle have been released; or
71	71	(C) fails on receipt of a motor vehicle to
72	72	immediately remove an unexpired license plate from the motor
73	73	vehicle, to keep the plate in a secure and locked place, or to
74	74	maintain an inventory, on forms provided by the Texas Department of
75	75	Motor Vehicles, of license plates kept under this paragraph,
76	76	including for each plate or set of plates the license plate number
77	77	and the make, motor number, and vehicle identification number of
78	78	the motor vehicle from which the plate was removed;
79	79	(7) an actor who purchases or receives a used or
80	80	secondhand motor vehicle is presumed to know on receipt by the actor
81	81	of the motor vehicle that the motor vehicle has been previously
82	82	stolen from another if the actor knowingly or recklessly:
83	83	(A) fails to report to the Texas Department of
84	84	Motor Vehicles the failure of the person who sold or delivered the
85	85	motor vehicle to the actor to deliver to the actor a properly
86	86	executed certificate of title to the motor vehicle at the time the
87	87	motor vehicle was delivered; or
88	88	(B) fails to file with the appropriate county tax
89	89	assessor-collector the documents required under Section 501.145,
90	90	Transportation Code, in the period provided by that section [of the
91	91	county in which the actor received the motor vehicle, not later than
92	92	the 20th day after the date the actor received the motor vehicle,
93	93	the registration license receipt and certificate of title or
94	94	evidence of title delivered to the actor in accordance with
95	95	Subchapter D, Chapter 520, Transportation Code, at the time the
96	96	motor vehicle was delivered];
97	97	(8) an actor who purchases or receives from any source
98	98	other than a licensed retailer or distributor of pesticides a
99	99	restricted-use pesticide or a state-limited-use pesticide or a
100	100	compound, mixture, or preparation containing a restricted-use or
101	101	state-limited-use pesticide is presumed to know on receipt by the
102	102	actor of the pesticide or compound, mixture, or preparation that
103	103	the pesticide or compound, mixture, or preparation has been
104	104	previously stolen from another if the actor:
105	105	(A) fails to record the name, address, and
106	106	physical description of the seller or pledgor;
107	107	(B) fails to record a complete description of the
108	108	amount and type of pesticide or compound, mixture, or preparation
109	109	purchased or received; and
110	110	(C) fails to obtain a signed warranty from the
111	111	seller or pledgor that the seller or pledgor has the right to
112	112	possess the property; [and]
113	113	(9) an actor who is subject to Section 409, Packers and
114	114	Stockyards Act (7 U.S.C. Section 228b), that obtains livestock from
115	115	a commission merchant by representing that the actor will make
116	116	prompt payment is presumed to have induced the commission
117	117	merchant's consent by deception if the actor fails to make full
118	118	payment in accordance with Section 409, Packers and Stockyards Act
119	119	(7 U.S.C. Section 228b); and
120	120	(10) an actor in possession of property consisting of
121	121	a catalytic converter that has been removed from a motor vehicle is
122	122	presumed to have unlawfully appropriated the property unless the
123	123	actor:
124	124	(A) is the owner of the vehicle from which the
125	125	catalytic converter was removed;
126	126	(B) possessed the catalytic converter in the
127	127	ordinary course of engaging in a business that is required to be
128	128	licensed or registered, or is otherwise regulated, by this state or
129	129	a political subdivision of this state, including:
130	130	(i) an automotive wrecking and salvage
131	131	yard, as defined by Section 234.001, Local Government Code;
132	132	(ii) a metal recycling entity registered
133	133	under Chapter 1956, Occupations Code;
134	134	(iii) a dealer licensed under Chapter 2301,
135	135	Occupations Code; or
136	136	(iv) a garage or shop that is engaged in the
137	137	business of repairing motor vehicles and subject to Chapter 2305,
138	138	Occupations Code; or
139	139	(C) is an employee or agent of a person described
140	140	by Paragraph (B) and the actor possessed the catalytic converter
141	141	while performing a duty within the scope of that employment or
142	142	agency.
143	143	(e) Except as provided by Subsection (f), an offense under
144	144	this section is:
145	145	(1) a Class C misdemeanor if the value of the property
146	146	stolen is less than $100;
147	147	(2) a Class B misdemeanor if:
148	148	(A) the value of the property stolen is $100 or
149	149	more but less than $750;
150	150	(B) the value of the property stolen is less than
151	151	$100 and the defendant has previously been convicted of any grade of
152	152	theft; or
153	153	(C) the property stolen is a driver's license,
154	154	commercial driver's license, or personal identification
155	155	certificate issued by this state or another state;
156	156	(3) a Class A misdemeanor if the value of the property
157	157	stolen is $750 or more but less than $2,500;
158	158	(4) a state jail felony if:
159	159	(A) the value of the property stolen is $2,500 or
160	160	more but less than $30,000, or the property is less than 10 head of
161	161	sheep, swine, or goats or any part thereof under the value of
162	162	$30,000;
163	163	(B) regardless of value, the property is stolen
164	164	from the person of another or from a human corpse or grave,
165	165	including property that is a military grave marker;
166	166	(C) the property stolen is a firearm, as defined
167	167	by Section 46.01;
168	168	(D) the value of the property stolen is less than
169	169	$2,500 and the defendant has been previously convicted two or more
170	170	times of any grade of theft;
171	171	(E) the property stolen is an official ballot or
172	172	official carrier envelope for an election; [or]
173	173	(F) the value of the property stolen is less than
174	174	$20,000 and the property stolen is:
175	175	(i) aluminum;
176	176	(ii) bronze;
177	177	(iii) copper; or
178	178	(iv) brass; or
179	179	(G) the value of the property stolen is less than
180	180	$30,000 and the property stolen is a catalytic converter;
181	181	(5) a felony of the third degree if the value of the
182	182	property stolen is $30,000 or more but less than $150,000, or the
183	183	property is:
184	184	(A) cattle, horses, or exotic livestock or exotic
185	185	fowl as defined by Section 142.001, Agriculture Code, stolen during
186	186	a single transaction and having an aggregate value of less than
187	187	$150,000;
188	188	(B) 10 or more head of sheep, swine, or goats
189	189	stolen during a single transaction and having an aggregate value of
190	190	less than $150,000; or
191	191	(C) a controlled substance, having a value of
192	192	less than $150,000, if stolen from:
193	193	(i) a commercial building in which a
194	194	controlled substance is generally stored, including a pharmacy,
195	195	clinic, hospital, nursing facility, or warehouse; or
196	196	(ii) a vehicle owned or operated by a
197	197	wholesale distributor of prescription drugs;
198	198	(6) a felony of the second degree if:
199	199	(A) the value of the property stolen is $150,000
200	200	or more but less than $300,000; or
201	201	(B) the value of the property stolen is less than
202	202	$300,000 and the property stolen is an automated teller machine or
203	203	the contents or components of an automated teller machine; or
204	204	(7) a felony of the first degree if the value of the
205	205	property stolen is $300,000 or more.
206	206	SECTION 2. Section 31.03(h), Penal Code, is amended by
207	207	adding Subdivision (7) to read as follows:
208	208	(7) "Catalytic converter" includes any material
209	209	removed from a catalytic converter.
210	210	SECTION 3. The changes in law made by this Act apply only to
211	211	an offense committed on or after the effective date of this Act. An
212	212	offense committed before the effective date of this Act is governed
213	213	by the law in effect on the date the offense was committed, and the
214	214	former law is continued in effect for that purpose. For purposes of
215	215	this section, an offense was committed before the effective date of
216	216	this Act if any element of the offense was committed before that
217	217	date.
218	218	SECTION 4. This Act takes effect September 1, 2023.