Texas 2025 - 89th Regular

Texas House Bill HB3552 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R8475 JCG-F
2	2	By: Hefner H.B. No. 3552
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to criminal conduct involving the theft or unauthorized
10	10	possession of copper or brass and to the sale of copper or brass
11	11	material to metal recycling entities; creating criminal offenses;
12	12	providing an administrative penalty.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	ARTICLE 1. CRIMINAL PENALTIES
15	15	SECTION 1.01. Section 423.0045(a)(1-a), Government Code,
16	16	is amended to read as follows:
17	17	(1-a) "Critical infrastructure facility" means:
18	18	(A) one of the following, if completely enclosed
19	19	by a fence or other physical barrier that is obviously designed to
20	20	exclude intruders, or if clearly marked with a sign or signs that
21	21	are posted on the property, are reasonably likely to come to the
22	22	attention of intruders, and indicate that entry is forbidden:
23	23	(i) a petroleum or alumina refinery;
24	24	(ii) an electrical power generating
25	25	facility, substation, switching station, or electrical control
26	26	center;
27	27	(iii) a chemical, polymer, or rubber
28	28	manufacturing facility;
29	29	(iv) a water intake structure, water
30	30	treatment facility, wastewater treatment plant, or pump station;
31	31	(v) a natural gas compressor station;
32	32	(vi) a liquid natural gas terminal or
33	33	storage facility;
34	34	(vii) a telecommunications central
35	35	switching office or any structure used as part of a system to
36	36	provide [wired or wireless] telecommunications services, cable
37	37	television services, or Internet access services;
38	38	(viii) a port, a railroad switching yard, a
39	39	trucking terminal, or any other freight transportation facility;
40	40	(ix) a gas processing plant, including a
41	41	plant used in the processing, treatment, or fractionation of
42	42	natural gas;
43	43	(x) a transmission facility used by a
44	44	federally licensed radio or television station;
45	45	(xi) a steelmaking facility that uses an
46	46	electric arc furnace to make steel;
47	47	(xii) a dam that is classified as a high
48	48	hazard by the Texas Commission on Environmental Quality; or
49	49	(xiii) a concentrated animal feeding
50	50	operation, as defined by Section 26.048, Water Code; or
51	51	(B) if enclosed by a fence or other physical
52	52	barrier obviously designed to exclude intruders:
53	53	(i) any portion of an aboveground oil, gas,
54	54	or chemical pipeline;
55	55	(ii) an oil or gas drilling site;
56	56	(iii) a group of tanks used to store crude
57	57	oil, such as a tank battery;
58	58	(iv) an oil, gas, or chemical production
59	59	facility;
60	60	(v) an oil or gas wellhead; or
61	61	(vi) any oil and gas facility that has an
62	62	active flare.
63	63	SECTION 1.02. Section 28.03(g), Penal Code, is amended by
64	64	adding Subdivision (10) to read as follows:
65	65	(10) "Critical infrastructure facility" has the
66	66	meaning assigned by Section 423.0045, Government Code, and includes
67	67	any component of a system:
68	68	(A) on which a 9-1-1 service, as defined by
69	69	Section 771.001, Health and Safety Code, depends to properly
70	70	function; or
71	71	(B) that enables interoperable communications
72	72	between emergency services personnel, as defined by Section 22.01,
73	73	during an emergency or disaster.
74	74	SECTION 1.03. Section 28.03, Penal Code, is amended by
75	75	adding Subsection (l) to read as follows:
76	76	(l) Notwithstanding Subsection (b), an offense under this
77	77	section is a felony of the third degree if the actor committed the
78	78	offense by damaging or destroying a copper or brass component of a
79	79	critical infrastructure facility or of equipment appurtenant to the
80	80	facility or on which the facility depends to properly function, and
81	81	the damage or destruction causes, wholly or partly, the impairment
82	82	or interruption of the facility or that equipment.
83	83	SECTION 1.04. Section 31.01, Penal Code, is amended by
84	84	adding Subdivisions (15) and (16) to read as follows:
85	85	(15) "Critical infrastructure facility" has the
86	86	meaning assigned by Section 423.0045, Government Code, and includes
87	87	any component of a system:
88	88	(A) on which a 9-1-1 service, as defined by
89	89	Section 771.001, Health and Safety Code, depends to properly
90	90	function; or
91	91	(B) that enables interoperable communications
92	92	between emergency services personnel, as defined by Section 22.01,
93	93	during an emergency or disaster.
94	94	(16) "Firearm" has the meaning assigned by Section
95	95	46.01.
96	96	SECTION 1.05. Section 31.03, Penal Code, is amended by
97	97	adding Subsection (f-2) to read as follows:
98	98	(f-2) An offense described for purposes of punishment by
99	99	Subsection (e)(4)-(6) is increased to the next higher category of
100	100	offense if it is shown on the trial of the offense that:
101	101	(1) the property stolen was copper or brass; and
102	102	(2) the actor committed the offense by unlawfully
103	103	appropriating the property from a critical infrastructure facility
104	104	or from equipment appurtenant to the facility or on which the
105	105	facility depends to properly function.
106	106	SECTION 1.06. Chapter 31, Penal Code, is amended by adding
107	107	Section 31.22 to read as follows:
108	108	Sec. 31.22. UNAUTHORIZED POSSESSION OF CERTAIN COPPER OR
109	109	BRASS MATERIAL. (a) In this section, "copper or brass material"
110	110	has the meaning assigned by Section 1956.001(4)(A) or (B),
111	111	Occupations Code.
112	112	(b) A person commits an offense if the person:
113	113	(1) intentionally or knowingly possesses copper or
114	114	brass material; and
115	115	(2) is not a person who is authorized under Subsection
116	116	(c) to possess the copper or brass material.
117	117	(c) A person is presumed to be authorized to possess copper
118	118	or brass material if the person is:
119	119	(1) the owner of the material;
120	120	(2) a public utility or common carrier;
121	121	(3) a telecommunications provider as defined by
122	122	Section 51.002, Utilities Code;
123	123	(4) a cable service provider as defined by Section
124	124	66.002, Utilities Code;
125	125	(5) a video service provider as defined by Section
126	126	66.002, Utilities Code;
127	127	(6) a manufacturing, industrial, commercial, retail,
128	128	or other business that sells the material in the ordinary course of
129	129	the seller's business;
130	130	(7) a carrier-for-hire acting in the course and scope
131	131	of the carrier's business;
132	132	(8) a metal recycling entity registered under Chapter
133	133	1956, Occupations Code, and acting within the course and scope of
134	134	the entity's business;
135	135	(9) a person acting in the ordinary course of the
136	136	person's business who lawfully acquires possession of the materials
137	137	during construction, remodeling, demolition, or salvage of a
138	138	building or other structure in which the materials were installed
139	139	or contained; or
140	140	(10) an agent for a person described by Subdivisions
141	141	(1)-(9) acting within the course and scope of the agent's authority
142	142	to act on behalf of the person.
143	143	(d) The presumption established under Subsection (c) does
144	144	not apply to a person who knows that the material was unlawfully
145	145	obtained.
146	146	(e) Except as provided by Subsection (f), an offense under
147	147	this section is a state jail felony.
148	148	(f) An offense under this section is a felony of the third
149	149	degree if it is shown on the trial of the offense that:
150	150	(1) the copper or brass material was unlawfully
151	151	obtained from a critical infrastructure facility; or
152	152	(2) the person:
153	153	(A) has been previously convicted of an offense
154	154	under this section;
155	155	(B) has been previously convicted of any of the
156	156	following offenses with respect to copper or brass material:
157	157	(i) an offense under Section 28.03 or
158	158	31.03;
159	159	(ii) conspiracy under Section 15.02 to
160	160	commit an offense under Section 28.03 or 31.03; or
161	161	(iii) an offense under Chapter 71;
162	162	(C) in connection with the offense, engaged in
163	163	conduct with respect to copper or brass material constituting:
164	164	(i) conspiracy under Section 15.02 to
165	165	commit an offense under Section 28.03, Section 31.03, or Chapter
166	166	71; or
167	167	(ii) an offense under Chapter 71; or
168	168	(D) possessed a firearm during the commission of
169	169	the offense.
170	170	(g) If conduct constituting an offense under this section
171	171	also constitutes an offense under any other law, the actor may be
172	172	prosecuted under this section, the other law, or both.
173	173	SECTION 1.07. Section 71.02(a), Penal Code, as amended by
174	174	Chapters 269 (S.B. 224), 369 (H.B. 1442), 462 (S.B. 1900), 885 (H.B.
175	175	4635), and 910 (H.B. 6), Acts of the 88th Legislature, Regular
176	176	Session, 2023, is reenacted and amended to read as follows:
177	177	(a) A person commits an offense if, with the intent to
178	178	establish, maintain, or participate in a combination or in the
179	179	profits of a combination or as a member of a criminal street gang or
180	180	foreign terrorist organization, the person commits or conspires to
181	181	commit one or more of the following:
182	182	(1) murder, capital murder, arson, aggravated
183	183	robbery, robbery, burglary, theft, aggravated kidnapping,
184	184	kidnapping, aggravated assault, aggravated sexual assault, sexual
185	185	assault, continuous sexual abuse of young child or disabled
186	186	individual, solicitation of a minor, forgery, deadly conduct,
187	187	assault punishable as a Class A misdemeanor, burglary of a motor
188	188	vehicle, or unauthorized use of a motor vehicle;
189	189	(2) any gambling offense punishable as a Class A
190	190	misdemeanor;
191	191	(3) promotion of prostitution, aggravated promotion
192	192	of prostitution, or compelling prostitution;
193	193	(4) unlawful manufacture, transportation, repair, or
194	194	sale of firearms or prohibited weapons;
195	195	(5) unlawful manufacture, delivery, dispensation, or
196	196	distribution of a controlled substance or dangerous drug, or
197	197	unlawful possession of a controlled substance or dangerous drug:
198	198	(A) through forgery, fraud, misrepresentation,
199	199	or deception; or
200	200	(B) with the intent to deliver the controlled
201	201	substance or dangerous drug;
202	202	(5-a) causing the unlawful delivery, dispensation, or
203	203	distribution of a controlled substance or dangerous drug in
204	204	violation of Subtitle B, Title 3, Occupations Code;
205	205	[(5-b) any unlawful possession with intent to deliver a
206	206	controlled substance or dangerous drug;
207	207	[(5-b) unlawful possession with intent to deliver a
208	208	controlled substance listed in Penalty Group 1-B under Section
209	209	481.1022, Health and Safety Code;]
210	210	(6) any unlawful wholesale promotion or possession of
211	211	any obscene material or obscene device with the intent to wholesale
212	212	promote the same;
213	213	(7) any offense under Subchapter B, Chapter 43,
214	214	depicting or involving conduct by or directed toward a child
215	215	younger than 18 years of age;
216	216	(8) any felony offense under Chapter 32;
217	217	(9) any offense under Chapter 36;
218	218	(10) any offense under Chapter 34, 35, or 35A;
219	219	(11) any offense under Section 37.11(a);
220	220	(12) any offense under Chapter 20A;
221	221	(13) any offense under Section 37.10;
222	222	(14) any offense under Section 38.06, 38.07, 38.09, or
223	223	38.11;
224	224	(15) any offense under Section 42.10;
225	225	(16) any offense under Section 46.06(a)(1) or 46.14;
226	226	(17) any offense under Section 20.05, 20.06, or 20.07;
227	227	(18) any offense under Section 16.02;
228	228	(19) any offense punishable under Section 42.03(d) or
229	229	(e);
230	230	(20) [(19)] an offense under Section 28.03 that is
231	231	punishable under Subsection (b)(4)(E) or (l) of that section;
232	232	(21) [(20)] an offense under Section 31.21 or 31.22
233	233	that is punishable under Subsection (d) or (e), respectively, of
234	234	those sections [that section]; [or]
235	235	(22) [(20)] any offense classified as a felony under
236	236	the Tax Code; or
237	237	(23) [(21)] any offense under Section 545.420,
238	238	Transportation Code.
239	239	SECTION 1.08. Section 31.03(h)(8), Penal Code, is repealed.
240	240	ARTICLE 2. REGULATION OF METAL RECYCLING ENTITIES
241	241	SECTION 2.01. Chapter 1956, Occupations Code, is amended by
242	242	adding Subchapter C-2 to read as follows:
243	243	SUBCHAPTER C-2. TRANSACTIONS INVOLVING CERTAIN COPPER OR BRASS
244	244	MATERIAL
245	245	Sec. 1956.131. DEFINITION. Notwithstanding Section
246	246	1956.001, in this subchapter, the term "copper or brass material"
247	247	does not include the material described by Section 1956.001(4)(C).
248	248	Sec. 1956.132. APPLICABILITY; EFFECT OF LAW.
249	249	(a) Notwithstanding any other provision of this chapter, this
250	250	subchapter applies to the purchase or acquisition, from a person
251	251	described by Section 1956.002(1), of copper or brass material.
252	252	(b) This subchapter does not affect any requirement under
253	253	Subchapter A-3, including any requirement applicable to the
254	254	purchase or acquisition of copper or brass material from a person
255	255	not described by Section 1956.002(1).
256	256	Sec. 1956.133. LIMITATION ON PURCHASING OR OTHERWISE
257	257	ACQUIRING CERTAIN COPPER OR BRASS MATERIAL. A metal recycling
258	258	entity may not purchase or otherwise acquire copper or brass
259	259	material from a person described by Section 1956.002(1), unless
260	260	each of the following is satisfied:
261	261	(1) the person selling the copper or brass material to
262	262	the metal recycling entity acquired it in the ordinary course of the
263	263	person's business, including in the ordinary course of business of
264	264	any of the following entities:
265	265	(A) a business that owns the copper or brass
266	266	material;
267	267	(B) a public utility or common carrier;
268	268	(C) a telecommunications provider as defined by
269	269	Section 51.002, Utilities Code;
270	270	(D) a cable service provider as defined by
271	271	Section 66.002, Utilities Code;
272	272	(E) a video service provider as defined by
273	273	Section 66.002, Utilities Code;
274	274	(F) a manufacturing, industrial, commercial,
275	275	retail, or other business that sells the material in the ordinary
276	276	course of the seller's business;
277	277	(G) a carrier-for-hire acting in the course and
278	278	scope of the carrier's business;
279	279	(H) a metal recycling entity registered under
280	280	this chapter acting within the course and scope of the entity's
281	281	business; or
282	282	(I) a person acting in the ordinary course of the
283	283	person's business who lawfully acquires possession of the materials
284	284	during the construction, remodeling, demolition, or salvage of a
285	285	building or other structure in which the materials were installed
286	286	or contained; or
287	287	(2) any individual acting on behalf of the person
288	288	described by Subdivision (1) who has apparent authority to enter
289	289	into the transaction and is acting in the scope of that authority.
290	290	Sec. 1956.134. CERTAIN RECORDS REQUIRED WHEN PURCHASING OR
291	291	OTHERWISE ACQUIRING CERTAIN COPPER OR BRASS MATERIAL; OFFENSE.
292	292	(a) A metal recycling entity shall maintain an accurate record of
293	293	each transaction in which the entity purchases or otherwise
294	294	acquires copper or brass material from a person described by
295	295	Section 1956.133.
296	296	(b) A record meets the requirements of Subsection (a) if it
297	297	contains:
298	298	(1) a description of the volume of copper or brass
299	299	material purchased or otherwise acquired made in accordance with
300	300	the custom of the trade for the material that is the subject of the
301	301	transaction;
302	302	(2) the business name of the person from whom the
303	303	copper or brass material was purchased or otherwise acquired;
304	304	(3) the following, as applicable:
305	305	(A) the information printed on the material that
306	306	shows the manufacturer of the material, the date of manufacture of
307	307	the material, the identification code for the material, and the
308	308	type and size of the material; and
309	309	(B) any other information required by commission
310	310	rule for materials that are damaged to the extent that the
311	311	information described by Paragraph (A) is difficult to ascertain;
312	312	and
313	313	(4) the date of the transaction.
314	314	(c) A metal recycling entity shall preserve each record
315	315	required by this section until the second anniversary of the date
316	316	the record was made. The records must be maintained in an easily
317	317	retrievable format and must be available for inspection as provided
318	318	by Section 1956.135 not later than 72 hours after the time of
319	319	purchase or acquisition.
320	320	(d) A record containing the information described by
321	321	Subsection (b) that is maintained in accordance with other law or as
322	322	a routine business practice satisfies the requirements of
323	323	Subsection (a).
324	324	(e) The commission by rule shall prescribe the method by
325	325	which a metal recycling entity is required to document in a record
326	326	required by this section the type of seller, including a seller
327	327	listed in Section 1956.133, from which the entity purchased or
328	328	acquired copper or brass material.
329	329	(f) A metal recycling entity commits an offense if the
330	330	entity intentionally or knowingly fails to maintain a record as
331	331	required by this section. An offense under this subsection is a
332	332	Class A misdemeanor.
333	333	Sec. 1956.135. INSPECTION OF RECORDS. On request, a metal
334	334	recycling entity shall permit a peace officer, a representative of
335	335	the department, or a representative of a county, municipality, or
336	336	other political subdivision that issues a license or permit under
337	337	Section 1956.003(b) to, during the entity's usual business hours:
338	338	(1) enter the premises of the entity; and
339	339	(2) inspect a record required to be maintained by
340	340	Section 1956.134.
341	341	Sec. 1956.136. EFFECT ON LOCAL LAW. (a) Notwithstanding
342	342	Section 1956.003, a county, municipality, or political subdivision
343	343	of this state may not:
344	344	(1) with respect to copper or brass material, restrict
345	345	the purchase, acquisition, sale, transfer, or possession of the
346	346	material by a person described by Section 1956.133; or
347	347	(2) alter or add to the recordkeeping requirements
348	348	provided by Section 1956.134.
349	349	(b) Subsection (a) does not affect the authority of a
350	350	county, municipality, or political subdivision of this state to:
351	351	(1) issue a license or permit as provided by Section
352	352	1956.003; or
353	353	(2) inspect a record as provided by Section 1956.135.
354	354	Sec. 1956.137. ADMINISTRATIVE PENALTY. (a) The
355	355	commission may impose an administrative penalty under Subchapter R,
356	356	Chapter 411, Government Code, on a metal recycling entity that:
357	357	(1) violates Section 1956.133 due to the entity's
358	358	failure to exercise due diligence in purchasing or acquiring copper
359	359	or brass material; or
360	360	(2) violates Section 1956.134.
361	361	(b) The amount of the administrative penalty may not exceed
362	362	$10,000.
363	363	ARTICLE 3. TRANSITIONS; EFFECTIVE DATE
364	364	SECTION 3.01. As soon as practicable after the effective
365	365	date of this Act, the Public Safety Commission shall adopt rules
366	366	necessary to implement Subchapter C-2, Chapter 1956, Occupations
367	367	Code, as added by this Act.
368	368	SECTION 3.02. The changes in law made by this Act to
369	369	Sections 28.03 and 71.02, Penal Code, apply only to an offense
370	370	committed on or after September 1, 2025. An offense committed
371	371	before September 1, 2025, is governed by the law in effect on the
372	372	date the offense was committed, and the former law is continued in
373	373	effect for that purpose. For purposes of this section, an offense
374	374	was committed before September 1, 2025, if any element of the
375	375	offense occurred before that date.
376	376	SECTION 3.03. This Act takes effect immediately if it
377	377	receives a vote of two-thirds of all the members elected to each
378	378	house, as provided by Section 39, Article III, Texas Constitution.
379	379	If this Act does not receive the vote necessary for immediate
380	380	effect, this Act takes effect September 1, 2025.