Texas 2023 - 88th Regular

Texas Senate Bill SB465 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R3306 JRR-F
2	2	By: Bettencourt S.B. No. 465
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to certain criminal conduct involving a catalytic
8	8	converter; creating a criminal offense; increasing criminal
9	9	penalties.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 28.03(b), Penal Code, is amended to read
12	12	as follows:
13	13	(b) Except as provided by Subsections (f) and (h), an
14	14	offense under this section is:
15	15	(1) a Class C misdemeanor if:
16	16	(A) the amount of pecuniary loss is less than
17	17	$100; or
18	18	(B) except as provided in Subdivision (3)(A) or
19	19	(3)(B), it causes substantial inconvenience to others;
20	20	(2) a Class B misdemeanor if the amount of pecuniary
21	21	loss is $100 or more but less than $750;
22	22	(3) a Class A misdemeanor if:
23	23	(A) the amount of pecuniary loss is $750 or more
24	24	but less than $2,500; or
25	25	(B) the actor causes in whole or in part
26	26	impairment or interruption of any public water supply, or causes to
27	27	be diverted in whole, in part, or in any manner, including
28	28	installation or removal of any device for any such purpose, any
29	29	public water supply, regardless of the amount of the pecuniary
30	30	loss;
31	31	(4) a state jail felony if the amount of pecuniary loss
32	32	is:
33	33	(A) $2,500 or more but less than $30,000;
34	34	(B) less than $2,500, if the property damaged or
35	35	destroyed is a habitation and if the damage or destruction is caused
36	36	by a firearm or explosive weapon;
37	37	(C) less than $2,500, if the property was a fence
38	38	used for the production or containment of:
39	39	(i) cattle, bison, horses, sheep, swine,
40	40	goats, exotic livestock, or exotic poultry; or
41	41	(ii) game animals as that term is defined by
42	42	Section 63.001, Parks and Wildlife Code; [or]
43	43	(D) less than $30,000 and the actor:
44	44	(i) causes wholly or partly impairment or
45	45	interruption of property used for flood control purposes or a dam or
46	46	of public communications, public transportation, public gas or
47	47	power supply, or other public service; or
48	48	(ii) causes to be diverted wholly, partly,
49	49	or in any manner, including installation or removal of any device
50	50	for any such purpose, any public communications or public gas or
51	51	power supply; or
52	52	(E) less than $30,000, if the property is a motor
53	53	vehicle that is damaged, destroyed, or tampered with during the
54	54	removal or attempted removal of a catalytic converter from the
55	55	motor vehicle;
56	56	(5) a felony of the third degree if:
57	57	(A) the amount of the pecuniary loss is $30,000
58	58	or more but less than $150,000;
59	59	(B) the actor, by discharging a firearm or other
60	60	weapon or by any other means, causes the death of one or more head of
61	61	cattle or bison or one or more horses; or
62	62	(C) the actor causes wholly or partly impairment
63	63	or interruption of access to an automated teller machine,
64	64	regardless of the amount of the pecuniary loss;
65	65	(6) a felony of the second degree if the amount of
66	66	pecuniary loss is $150,000 or more but less than $300,000; or
67	67	(7) a felony of the first degree if the amount of
68	68	pecuniary loss is $300,000 or more.
69	69	SECTION 2. Section 31.03(e), Penal Code, is amended to read
70	70	as follows:
71	71	(e) Except as provided by Subsection (f), an offense under
72	72	this section is:
73	73	(1) a Class C misdemeanor if the value of the property
74	74	stolen is less than $100;
75	75	(2) a Class B misdemeanor if:
76	76	(A) the value of the property stolen is $100 or
77	77	more but less than $750;
78	78	(B) the value of the property stolen is less than
79	79	$100 and the defendant has previously been convicted of any grade of
80	80	theft; or
81	81	(C) the property stolen is a driver's license,
82	82	commercial driver's license, or personal identification
83	83	certificate issued by this state or another state;
84	84	(3) a Class A misdemeanor if the value of the property
85	85	stolen is $750 or more but less than $2,500;
86	86	(4) a state jail felony if:
87	87	(A) the value of the property stolen is $2,500 or
88	88	more but less than $30,000, or the property is less than 10 head of
89	89	sheep, swine, or goats or any part thereof under the value of
90	90	$30,000;
91	91	(B) regardless of value, the property is stolen
92	92	from the person of another or from a human corpse or grave,
93	93	including property that is a military grave marker;
94	94	(C) the property stolen is a firearm, as defined
95	95	by Section 46.01;
96	96	(D) the value of the property stolen is less than
97	97	$2,500 and the defendant has been previously convicted two or more
98	98	times of any grade of theft;
99	99	(E) the property stolen is an official ballot or
100	100	official carrier envelope for an election; [or]
101	101	(F) the value of the property stolen is less than
102	102	$20,000 and the property stolen is:
103	103	(i) aluminum;
104	104	(ii) bronze;
105	105	(iii) copper; or
106	106	(iv) brass; or
107	107	(G) the value of the property stolen is less than
108	108	$30,000 and the property stolen is a catalytic converter;
109	109	(5) a felony of the third degree if the value of the
110	110	property stolen is $30,000 or more but less than $150,000, or the
111	111	property is:
112	112	(A) cattle, horses, or exotic livestock or exotic
113	113	fowl as defined by Section 142.001, Agriculture Code, stolen during
114	114	a single transaction and having an aggregate value of less than
115	115	$150,000;
116	116	(B) 10 or more head of sheep, swine, or goats
117	117	stolen during a single transaction and having an aggregate value of
118	118	less than $150,000; or
119	119	(C) a controlled substance, having a value of
120	120	less than $150,000, if stolen from:
121	121	(i) a commercial building in which a
122	122	controlled substance is generally stored, including a pharmacy,
123	123	clinic, hospital, nursing facility, or warehouse; or
124	124	(ii) a vehicle owned or operated by a
125	125	wholesale distributor of prescription drugs;
126	126	(6) a felony of the second degree if:
127	127	(A) the value of the property stolen is $150,000
128	128	or more but less than $300,000; or
129	129	(B) the value of the property stolen is less than
130	130	$300,000 and the property stolen is an automated teller machine or
131	131	the contents or components of an automated teller machine; or
132	132	(7) a felony of the first degree if the value of the
133	133	property stolen is $300,000 or more.
134	134	SECTION 3. Chapter 31, Penal Code, is amended by adding
135	135	Section 31.21 to read as follows:
136	136	Sec. 31.21. UNAUTHORIZED POSSESSION OF CATALYTIC
137	137	CONVERTER. (a) A person commits an offense if the person:
138	138	(1) intentionally or knowingly possesses a catalytic
139	139	converter that has been removed from a motor vehicle; and
140	140	(2) is not a person who is authorized under Subsection
141	141	(b) to possess the catalytic converter.
142	142	(b) A person is presumed to be authorized to possess a
143	143	catalytic converter that has been removed from a motor vehicle if
144	144	the person:
145	145	(1) is the owner, as defined by Section 601.002,
146	146	Transportation Code, of the vehicle from which the catalytic
147	147	converter was removed;
148	148	(2) possesses the catalytic converter in the ordinary
149	149	course of the person's business, including:
150	150	(A) an automotive wrecking and salvage yard, as
151	151	defined by Section 234.001, Local Government Code;
152	152	(B) a metal recycling entity registered under
153	153	Chapter 1956, Occupations Code;
154	154	(C) a dealer or converter licensed under Chapter
155	155	2301, Occupations Code;
156	156	(D) a salvage vehicle dealer licensed under
157	157	Chapter 2302, Occupations Code, or a salvage pool operator, as
158	158	defined by Section 2302.001 of that code;
159	159	(E) a vehicle storage facility licensed under
160	160	Chapter 2303, Occupations Code;
161	161	(F) a garage or shop that is engaged in the
162	162	business of repairing motor vehicles and subject to Chapter 2305,
163	163	Occupations Code;
164	164	(G) a towing company licensed under Chapter 2308,
165	165	Occupations Code;
166	166	(H) a used automotive parts recycler, as defined
167	167	by Section 2309.002, Occupations Code;
168	168	(I) a person who holds a dealer general
169	169	distinguishing number under Chapter 503, Transportation Code;
170	170	(J) a motor vehicle demolisher, as defined by
171	171	Section 683.001, Transportation Code;
172	172	(K) a person located in and regulated by another
173	173	state, or a political subdivision of another state, in the
174	174	performance of a business activity for which a person would be
175	175	regulated in the performance of that activity under a law described
176	176	in Paragraphs (A) through (J) by this state or a political
177	177	subdivision of this state;
178	178	(L) a person located in a jurisdiction outside of
179	179	the United States that operates in a business form recognized by the
180	180	laws of the other jurisdiction and imports catalytic converters
181	181	into the United States in accordance with the Harmonized Tariff
182	182	Schedule of the United States International Trade Commission; and
183	183	(M) a for-hire carrier, including a person who
184	184	provides services such as mail, freight, or package delivery by
185	185	air, water, rail, or surface transportation; or
186	186	(3) is an employee of or independent contractor
187	187	providing services to a person described by Subdivision (2) and
188	188	possesses the catalytic converter while acting within the course
189	189	and scope of the person's employment or independent contractor
190	190	services.
191	191	(c) The presumption established under Subsection (b) does
192	192	not apply to a person described by Subsection (b)(2) or (3) who
193	193	knows that the catalytic converter was unlawfully removed from a
194	194	motor vehicle or otherwise unlawfully obtained.
195	195	(d) Except as provided by Subsection (e), an offense under
196	196	this section is a state jail felony.
197	197	(e) An offense under this section is a felony of the third
198	198	degree if it is shown on the trial of the offense that the person:
199	199	(1) has been previously convicted of an offense under
200	200	this section; or
201	201	(2) in connection with the offense, engaged in conduct
202	202	constituting conspiracy under Section 15.02 to commit an offense
203	203	under Section 28.03 or 31.03 with respect to a catalytic converter.
204	204	(f) If conduct constituting an offense under this section
205	205	also constitutes an offense under any other law, the actor may be
206	206	prosecuted under this section, the other law, or both.
207	207	SECTION 4. Section 71.02(a), Penal Code, is amended to read
208	208	as follows:
209	209	(a) A person commits an offense if, with the intent to
210	210	establish, maintain, or participate in a combination or in the
211	211	profits of a combination or as a member of a criminal street gang,
212	212	the person commits or conspires to commit one or more of the
213	213	following:
214	214	(1) murder, capital murder, arson, aggravated
215	215	robbery, robbery, burglary, theft, aggravated kidnapping,
216	216	kidnapping, aggravated assault, aggravated sexual assault, sexual
217	217	assault, continuous sexual abuse of young child or disabled
218	218	individual, solicitation of a minor, forgery, deadly conduct,
219	219	assault punishable as a Class A misdemeanor, burglary of a motor
220	220	vehicle, or unauthorized use of a motor vehicle;
221	221	(2) any gambling offense punishable as a Class A
222	222	misdemeanor;
223	223	(3) promotion of prostitution, aggravated promotion
224	224	of prostitution, or compelling prostitution;
225	225	(4) unlawful manufacture, transportation, repair, or
226	226	sale of firearms or prohibited weapons;
227	227	(5) unlawful manufacture, delivery, dispensation, or
228	228	distribution of a controlled substance or dangerous drug, or
229	229	unlawful possession of a controlled substance or dangerous drug
230	230	through forgery, fraud, misrepresentation, or deception;
231	231	(5-a) causing the unlawful delivery, dispensation, or
232	232	distribution of a controlled substance or dangerous drug in
233	233	violation of Subtitle B, Title 3, Occupations Code;
234	234	(6) any unlawful wholesale promotion or possession of
235	235	any obscene material or obscene device with the intent to wholesale
236	236	promote the same;
237	237	(7) any offense under Subchapter B, Chapter 43,
238	238	depicting or involving conduct by or directed toward a child
239	239	younger than 18 years of age;
240	240	(8) any felony offense under Chapter 32;
241	241	(9) any offense under Chapter 36;
242	242	(10) any offense under Chapter 34, 35, or 35A;
243	243	(11) any offense under Section 37.11(a);
244	244	(12) any offense under Chapter 20A;
245	245	(13) any offense under Section 37.10;
246	246	(14) any offense under Section 38.06, 38.07, 38.09, or
247	247	38.11;
248	248	(15) any offense under Section 42.10;
249	249	(16) any offense under Section 46.06(a)(1) or 46.14;
250	250	(17) any offense under Section 20.05 or 20.06;
251	251	(18) any offense under Section 16.02; [or]
252	252	(19) an offense under Section 28.03 that is punishable
253	253	under Subsection (b)(4)(E) of that section;
254	254	(20) an offense under Section 31.21 that is punishable
255	255	under Subsection (d) of that section; or
256	256	(21) any offense classified as a felony under the Tax
257	257	Code.
258	258	SECTION 5. The changes in law made by this Act apply only to
259	259	an offense committed on or after the effective date of this Act. An
260	260	offense committed before the effective date of this Act is governed
261	261	by the law in effect on the date the offense was committed, and the
262	262	former law is continued in effect for that purpose. For purposes of
263	263	this section, an offense was committed before the effective date of
264	264	this Act if any element of the offense was committed before that
265	265	date.
266	266	SECTION 6. This Act takes effect September 1, 2023.