88R4427 JRR-D
By: Middleton S.B. No. 432
A BILL TO BE ENTITLED
AN ACT
relating to the prosecution of and punishment for theft of a
catalytic converter; increasing a criminal penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 31.03(c) and (e), Penal Code, are
amended to read as follows:
(c) For purposes of Subsection (b):
(1) evidence that the actor has previously
participated in recent transactions other than, but similar to, the
transaction for [that] which the prosecution is based is admissible
for the purpose of showing knowledge or intent and the issues of
knowledge or intent are raised by the actor's plea of not guilty;
(2) the testimony of an accomplice shall be
corroborated by proof that tends to connect the actor to the crime,
but the actor's knowledge or intent may be established by the
uncorroborated testimony of the accomplice;
(3) an actor engaged in the business of buying and
selling used or secondhand personal property, or lending money on
the security of personal property deposited with the actor, is
presumed to know upon receipt by the actor of stolen property (other
than a motor vehicle subject to Chapter 501, Transportation Code)
that the property has been previously stolen from another if the
actor pays for or loans against the property $25 or more (or
consideration of equivalent value) and the actor knowingly or
recklessly:
(A) fails to record the name, address, and
physical description or identification number of the seller or
pledgor;
(B) fails to record a complete description of the
property, including the serial number, if reasonably available, or
other identifying characteristics; or
(C) fails to obtain a signed warranty from the
seller or pledgor that the seller or pledgor has the right to
possess the property. It is the express intent of this provision
that the presumption arises unless the actor complies with each of
the numbered requirements;
(4) for the purposes of Subdivision (3)(A),
"identification number" means driver's license number, military
identification number, identification certificate, or other
official number capable of identifying an individual;
(5) stolen property does not lose its character as
stolen when recovered by any law enforcement agency;
(6) an actor engaged in the business of obtaining
abandoned or wrecked motor vehicles or parts of an abandoned or
wrecked motor vehicle for resale, disposal, scrap, repair,
rebuilding, demolition, or other form of salvage is presumed to
know on receipt by the actor of stolen property that the property
has been previously stolen from another if the actor knowingly or
recklessly:
(A) fails to maintain an accurate and legible
inventory of each motor vehicle component part purchased by or
delivered to the actor, including the date of purchase or delivery,
the name, age, address, sex, and driver's license number of the
seller or person making the delivery, the license plate number of
the motor vehicle in which the part was delivered, a complete
description of the part, and the vehicle identification number of
the motor vehicle from which the part was removed, or in lieu of
maintaining an inventory, fails to record the name and certificate
of inventory number of the person who dismantled the motor vehicle
from which the part was obtained;
(B) fails on receipt of a motor vehicle to obtain
a certificate of authority, sales receipt, or transfer document as
required by Chapter 683, Transportation Code, or a certificate of
title showing that the motor vehicle is not subject to a lien or
that all recorded liens on the motor vehicle have been released; or
(C) fails on receipt of a motor vehicle to
immediately remove an unexpired license plate from the motor
vehicle, to keep the plate in a secure and locked place, or to
maintain an inventory, on forms provided by the Texas Department of
Motor Vehicles, of license plates kept under this paragraph,
including for each plate or set of plates the license plate number
and the make, motor number, and vehicle identification number of
the motor vehicle from which the plate was removed;
(7) an actor who purchases or receives a used or
secondhand motor vehicle is presumed to know on receipt by the actor
of the motor vehicle that the motor vehicle has been previously
stolen from another if the actor knowingly or recklessly:
(A) fails to report to the Texas Department of
Motor Vehicles the failure of the person who sold or delivered the
motor vehicle to the actor to deliver to the actor a properly
executed certificate of title to the motor vehicle at the time the
motor vehicle was delivered; or
(B) fails to file with the appropriate county tax
assessor-collector the documents required under Section 501.145,
Transportation Code, in the period provided by that section [of the
county in which the actor received the motor vehicle, not later than
the 20th day after the date the actor received the motor vehicle,
the registration license receipt and certificate of title or
evidence of title delivered to the actor in accordance with
Subchapter D, Chapter 520, Transportation Code, at the time the
motor vehicle was delivered];
(8) an actor who purchases or receives from any source
other than a licensed retailer or distributor of pesticides a
restricted-use pesticide or a state-limited-use pesticide or a
compound, mixture, or preparation containing a restricted-use or
state-limited-use pesticide is presumed to know on receipt by the
actor of the pesticide or compound, mixture, or preparation that
the pesticide or compound, mixture, or preparation has been
previously stolen from another if the actor:
(A) fails to record the name, address, and
physical description of the seller or pledgor;
(B) fails to record a complete description of the
amount and type of pesticide or compound, mixture, or preparation
purchased or received; and
(C) fails to obtain a signed warranty from the
seller or pledgor that the seller or pledgor has the right to
possess the property; [and]
(9) an actor who is subject to Section 409, Packers and
Stockyards Act (7 U.S.C. Section 228b), that obtains livestock from
a commission merchant by representing that the actor will make
prompt payment is presumed to have induced the commission
merchant's consent by deception if the actor fails to make full
payment in accordance with Section 409, Packers and Stockyards Act
(7 U.S.C. Section 228b); and
(10) an actor in possession of property consisting of
a catalytic converter that has been removed from a motor vehicle is
presumed to have unlawfully appropriated the property unless the
actor:
(A) is the owner of the vehicle from which the
catalytic converter was removed;
(B) possessed the catalytic converter in the
ordinary course of engaging in a business that is required to be
licensed or registered, or is otherwise regulated, by this state or
a political subdivision of this state, including:
(i) an automotive wrecking and salvage
yard, as defined by Section 234.001, Local Government Code;
(ii) a metal recycling entity registered
under Chapter 1956, Occupations Code;
(iii) a dealer licensed under Chapter 2301,
Occupations Code; or
(iv) a garage or shop that is engaged in the
business of repairing motor vehicles and subject to Chapter 2305,
Occupations Code; or
(C) is an employee or agent of a person described
by Paragraph (B) and the actor possessed the catalytic converter
while performing a duty within the scope of that employment or
agency.
(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 $100;
(2) a Class B misdemeanor if:
(A) the value of the property stolen is $100 or
more but less than $750;
(B) the value of the property stolen is less than
$100 and the defendant has previously been convicted of any grade of
theft; 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 $750 or more but less than $2,500;
(4) a state jail felony if:
(A) the value of the property stolen is $2,500 or
more but less than $30,000, or the property is less than 10 head of
sheep, swine, or goats or any part thereof under the value of
$30,000;
(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
$2,500 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; or
(G) the value of the property stolen is less than
$30,000 and the property stolen is a catalytic converter;
(5) a felony of the third degree if the value of the
property stolen is $30,000 or more but less than $150,000, or the
property is:
(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
$150,000;
(B) 10 or more head of sheep, swine, or goats
stolen during a single transaction and having an aggregate value of
less than $150,000; or
(C) a controlled substance, having a value of
less than $150,000, if stolen from:
(i) a commercial building in which a
controlled substance is generally stored, including a pharmacy,
clinic, hospital, nursing facility, or warehouse; or
(ii) a vehicle owned or operated by a
wholesale distributor of prescription drugs;
(6) a felony of the second degree if:
(A) the value of the property stolen is $150,000
or more but less than $300,000; or
(B) the value of the property stolen is less than
$300,000 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 $300,000 or more.
SECTION 2. Section 31.03(h), Penal Code, is amended by
adding Subdivision (7) to read as follows:
(7) "Catalytic converter" includes any material
removed from a catalytic converter.
SECTION 3. The changes in law made by this Act apply 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 was committed before that
date.
SECTION 4. This Act takes effect September 1, 2023.