89R289 MZM-D
By: Morales of Maverick H.B. No. 1037
A BILL TO BE ENTITLED
AN ACT
relating to the punishment for certain theft offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 31.03(e), Penal Code, is amended to read
as follows:
(e) Except as provided by Subsections (f) and (f-1), 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 $300 [$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 $300 [$750] or more but less than $750 [$2,500];
(4) a state jail felony if:
(A) the value of the property stolen is $750
[$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;
(D) the value of the property stolen is less than
$750 [$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;
(F) the value of the property stolen is less than
$30,000 [$20,000] and the property stolen is:
(i) aluminum;
(ii) bronze;
(iii) copper; or
(iv) brass; or
(G) the cost of replacing 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 31.04(e), Penal Code, is amended to read
as follows:
(e) An offense under this section is:
(1) a Class C misdemeanor if the value of the service
stolen is less than $100;
(2) a Class B misdemeanor if the value of the service
stolen is $100 or more but less than $300 [$750];
(3) a Class A misdemeanor if the value of the service
stolen is $300 [$750] or more but less than $750 [$2,500];
(4) a state jail felony if the value of the service
stolen is $750 [$2,500] or more but less than $30,000;
(5) a felony of the third degree if the value of the
service stolen is $30,000 or more but less than $150,000;
(6) a felony of the second degree if the value of the
service stolen is $150,000 or more but less than $300,000; or
(7) a felony of the first degree if the value of the
service stolen is $300,000 or more.
SECTION 3. Section 31.16(c), Penal Code, is amended to read
as follows:
(c) An offense under this section is:
(1) a Class C misdemeanor if the total value of the
merchandise involved in the activity is less than $100;
(2) a Class B misdemeanor if the total value of the
merchandise involved in the activity is $100 or more but less than
$300 [$750];
(3) a Class A misdemeanor if the total value of the
merchandise involved in the activity is $300 [$750] or more but less
than $750 [$2,500];
(4) a state jail felony if the total value of the
merchandise involved in the activity is $750 [$2,500] or more but
less than $30,000;
(5) a felony of the third degree if the total value of
the merchandise involved in the activity is $30,000 or more but less
than $150,000;
(6) a felony of the second degree if the total value of
the merchandise involved in the activity is $150,000 or more but
less than $300,000; or
(7) a felony of the first degree if the total value of
the merchandise involved in the activity is $300,000 or more.
SECTION 4. 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 occurred before that date.
SECTION 5. This Act takes effect September 1, 2025.