89R8475 JCG-F
By: Hefner H.B. No. 3552
A BILL TO BE ENTITLED
AN ACT
relating to criminal conduct involving the theft or unauthorized
possession of copper or brass and to the sale of copper or brass
material to metal recycling entities; creating criminal offenses;
providing an administrative penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. CRIMINAL PENALTIES
SECTION 1.01. Section 423.0045(a)(1-a), Government Code,
is amended to read as follows:
(1-a) "Critical infrastructure facility" means:
(A) one of the following, if completely enclosed
by a fence or other physical barrier that is obviously designed to
exclude intruders, or if clearly marked with a sign or signs that
are posted on the property, are reasonably likely to come to the
attention of intruders, and indicate that entry is forbidden:
(i) a petroleum or alumina refinery;
(ii) an electrical power generating
facility, substation, switching station, or electrical control
center;
(iii) a chemical, polymer, or rubber
manufacturing facility;
(iv) a water intake structure, water
treatment facility, wastewater treatment plant, or pump station;
(v) a natural gas compressor station;
(vi) a liquid natural gas terminal or
storage facility;
(vii) a telecommunications central
switching office or any structure used as part of a system to
provide [wired or wireless] telecommunications services, cable
television services, or Internet access services;
(viii) a port, a railroad switching yard, a
trucking terminal, or any other freight transportation facility;
(ix) a gas processing plant, including a
plant used in the processing, treatment, or fractionation of
natural gas;
(x) a transmission facility used by a
federally licensed radio or television station;
(xi) a steelmaking facility that uses an
electric arc furnace to make steel;
(xii) a dam that is classified as a high
hazard by the Texas Commission on Environmental Quality; or
(xiii) a concentrated animal feeding
operation, as defined by Section 26.048, Water Code; or
(B) if enclosed by a fence or other physical
barrier obviously designed to exclude intruders:
(i) any portion of an aboveground oil, gas,
or chemical pipeline;
(ii) an oil or gas drilling site;
(iii) a group of tanks used to store crude
oil, such as a tank battery;
(iv) an oil, gas, or chemical production
facility;
(v) an oil or gas wellhead; or
(vi) any oil and gas facility that has an
active flare.
SECTION 1.02. Section 28.03(g), Penal Code, is amended by
adding Subdivision (10) to read as follows:
(10) "Critical infrastructure facility" has the
meaning assigned by Section 423.0045, Government Code, and includes
any component of a system:
(A) on which a 9-1-1 service, as defined by
Section 771.001, Health and Safety Code, depends to properly
function; or
(B) that enables interoperable communications
between emergency services personnel, as defined by Section 22.01,
during an emergency or disaster.
SECTION 1.03. Section 28.03, Penal Code, is amended by
adding Subsection (l) to read as follows:
(l) Notwithstanding Subsection (b), an offense under this
section is a felony of the third degree if the actor committed the
offense by damaging or destroying a copper or brass component of a
critical infrastructure facility or of equipment appurtenant to the
facility or on which the facility depends to properly function, and
the damage or destruction causes, wholly or partly, the impairment
or interruption of the facility or that equipment.
SECTION 1.04. Section 31.01, Penal Code, is amended by
adding Subdivisions (15) and (16) to read as follows:
(15) "Critical infrastructure facility" has the
meaning assigned by Section 423.0045, Government Code, and includes
any component of a system:
(A) on which a 9-1-1 service, as defined by
Section 771.001, Health and Safety Code, depends to properly
function; or
(B) that enables interoperable communications
between emergency services personnel, as defined by Section 22.01,
during an emergency or disaster.
(16) "Firearm" has the meaning assigned by Section
46.01.
SECTION 1.05. Section 31.03, Penal Code, is amended by
adding Subsection (f-2) to read as follows:
(f-2) An offense described for purposes of punishment by
Subsection (e)(4)-(6) is increased to the next higher category of
offense if it is shown on the trial of the offense that:
(1) the property stolen was copper or brass; and
(2) the actor committed the offense by unlawfully
appropriating the property from a critical infrastructure facility
or from equipment appurtenant to the facility or on which the
facility depends to properly function.
SECTION 1.06. Chapter 31, Penal Code, is amended by adding
Section 31.22 to read as follows:
Sec. 31.22. UNAUTHORIZED POSSESSION OF CERTAIN COPPER OR
BRASS MATERIAL. (a) In this section, "copper or brass material"
has the meaning assigned by Section 1956.001(4)(A) or (B),
Occupations Code.
(b) A person commits an offense if the person:
(1) intentionally or knowingly possesses copper or
brass material; and
(2) is not a person who is authorized under Subsection
(c) to possess the copper or brass material.
(c) A person is presumed to be authorized to possess copper
or brass material if the person is:
(1) the owner of the material;
(2) a public utility or common carrier;
(3) a telecommunications provider as defined by
Section 51.002, Utilities Code;
(4) a cable service provider as defined by Section
66.002, Utilities Code;
(5) a video service provider as defined by Section
66.002, Utilities Code;
(6) a manufacturing, industrial, commercial, retail,
or other business that sells the material in the ordinary course of
the seller's business;
(7) a carrier-for-hire acting in the course and scope
of the carrier's business;
(8) a metal recycling entity registered under Chapter
1956, Occupations Code, and acting within the course and scope of
the entity's business;
(9) a person acting in the ordinary course of the
person's business who lawfully acquires possession of the materials
during construction, remodeling, demolition, or salvage of a
building or other structure in which the materials were installed
or contained; or
(10) an agent for a person described by Subdivisions
(1)-(9) acting within the course and scope of the agent's authority
to act on behalf of the person.
(d) The presumption established under Subsection (c) does
not apply to a person who knows that the material was unlawfully
obtained.
(e) Except as provided by Subsection (f), an offense under
this section is a state jail felony.
(f) An offense under this section is a felony of the third
degree if it is shown on the trial of the offense that:
(1) the copper or brass material was unlawfully
obtained from a critical infrastructure facility; or
(2) the person:
(A) has been previously convicted of an offense
under this section;
(B) has been previously convicted of any of the
following offenses with respect to copper or brass material:
(i) an offense under Section 28.03 or
31.03;
(ii) conspiracy under Section 15.02 to
commit an offense under Section 28.03 or 31.03; or
(iii) an offense under Chapter 71;
(C) in connection with the offense, engaged in
conduct with respect to copper or brass material constituting:
(i) conspiracy under Section 15.02 to
commit an offense under Section 28.03, Section 31.03, or Chapter
71; or
(ii) an offense under Chapter 71; or
(D) possessed a firearm during the commission of
the offense.
(g) If conduct constituting an offense under this section
also constitutes an offense under any other law, the actor may be
prosecuted under this section, the other law, or both.
SECTION 1.07. Section 71.02(a), Penal Code, as amended by
Chapters 269 (S.B. 224), 369 (H.B. 1442), 462 (S.B. 1900), 885 (H.B.
4635), and 910 (H.B. 6), Acts of the 88th Legislature, Regular
Session, 2023, is reenacted and amended to read as follows:
(a) A person commits an offense if, with the intent to
establish, maintain, or participate in a combination or in the
profits of a combination or as a member of a criminal street gang or
foreign terrorist organization, the person commits or conspires to
commit one or more of the following:
(1) murder, capital murder, arson, aggravated
robbery, robbery, burglary, theft, aggravated kidnapping,
kidnapping, aggravated assault, aggravated sexual assault, sexual
assault, continuous sexual abuse of young child or disabled
individual, solicitation of a minor, forgery, deadly conduct,
assault punishable as a Class A misdemeanor, burglary of a motor
vehicle, or unauthorized use of a motor vehicle;
(2) any gambling offense punishable as a Class A
misdemeanor;
(3) promotion of prostitution, aggravated promotion
of prostitution, or compelling prostitution;
(4) unlawful manufacture, transportation, repair, or
sale of firearms or prohibited weapons;
(5) unlawful manufacture, delivery, dispensation, or
distribution of a controlled substance or dangerous drug, or
unlawful possession of a controlled substance or dangerous drug:
(A) through forgery, fraud, misrepresentation,
or deception; or
(B) with the intent to deliver the controlled
substance or dangerous drug;
(5-a) causing the unlawful delivery, dispensation, or
distribution of a controlled substance or dangerous drug in
violation of Subtitle B, Title 3, Occupations Code;
[(5-b) any unlawful possession with intent to deliver a
controlled substance or dangerous drug;
[(5-b) unlawful possession with intent to deliver a
controlled substance listed in Penalty Group 1-B under Section
481.1022, Health and Safety Code;]
(6) any unlawful wholesale promotion or possession of
any obscene material or obscene device with the intent to wholesale
promote the same;
(7) any offense under Subchapter B, Chapter 43,
depicting or involving conduct by or directed toward a child
younger than 18 years of age;
(8) any felony offense under Chapter 32;
(9) any offense under Chapter 36;
(10) any offense under Chapter 34, 35, or 35A;
(11) any offense under Section 37.11(a);
(12) any offense under Chapter 20A;
(13) any offense under Section 37.10;
(14) any offense under Section 38.06, 38.07, 38.09, or
38.11;
(15) any offense under Section 42.10;
(16) any offense under Section 46.06(a)(1) or 46.14;
(17) any offense under Section 20.05, 20.06, or 20.07;
(18) any offense under Section 16.02;
(19) any offense punishable under Section 42.03(d) or
(e);
(20) [(19)] an offense under Section 28.03 that is
punishable under Subsection (b)(4)(E) or (l) of that section;
(21) [(20)] an offense under Section 31.21 or 31.22
that is punishable under Subsection (d) or (e), respectively, of
those sections [that section]; [or]
(22) [(20)] any offense classified as a felony under
the Tax Code; or
(23) [(21)] any offense under Section 545.420,
Transportation Code.
SECTION 1.08. Section 31.03(h)(8), Penal Code, is repealed.
ARTICLE 2. REGULATION OF METAL RECYCLING ENTITIES
SECTION 2.01. Chapter 1956, Occupations Code, is amended by
adding Subchapter C-2 to read as follows:
SUBCHAPTER C-2. TRANSACTIONS INVOLVING CERTAIN COPPER OR BRASS
MATERIAL
Sec. 1956.131. DEFINITION. Notwithstanding Section
1956.001, in this subchapter, the term "copper or brass material"
does not include the material described by Section 1956.001(4)(C).
Sec. 1956.132. APPLICABILITY; EFFECT OF LAW.
(a) Notwithstanding any other provision of this chapter, this
subchapter applies to the purchase or acquisition, from a person
described by Section 1956.002(1), of copper or brass material.
(b) This subchapter does not affect any requirement under
Subchapter A-3, including any requirement applicable to the
purchase or acquisition of copper or brass material from a person
not described by Section 1956.002(1).
Sec. 1956.133. LIMITATION ON PURCHASING OR OTHERWISE
ACQUIRING CERTAIN COPPER OR BRASS MATERIAL. A metal recycling
entity may not purchase or otherwise acquire copper or brass
material from a person described by Section 1956.002(1), unless
each of the following is satisfied:
(1) the person selling the copper or brass material to
the metal recycling entity acquired it in the ordinary course of the
person's business, including in the ordinary course of business of
any of the following entities:
(A) a business that owns the copper or brass
material;
(B) a public utility or common carrier;
(C) a telecommunications provider as defined by
Section 51.002, Utilities Code;
(D) a cable service provider as defined by
Section 66.002, Utilities Code;
(E) a video service provider as defined by
Section 66.002, Utilities Code;
(F) a manufacturing, industrial, commercial,
retail, or other business that sells the material in the ordinary
course of the seller's business;
(G) a carrier-for-hire acting in the course and
scope of the carrier's business;
(H) a metal recycling entity registered under
this chapter acting within the course and scope of the entity's
business; or
(I) a person acting in the ordinary course of the
person's business who lawfully acquires possession of the materials
during the construction, remodeling, demolition, or salvage of a
building or other structure in which the materials were installed
or contained; or
(2) any individual acting on behalf of the person
described by Subdivision (1) who has apparent authority to enter
into the transaction and is acting in the scope of that authority.
Sec. 1956.134. CERTAIN RECORDS REQUIRED WHEN PURCHASING OR
OTHERWISE ACQUIRING CERTAIN COPPER OR BRASS MATERIAL; OFFENSE.
(a) A metal recycling entity shall maintain an accurate record of
each transaction in which the entity purchases or otherwise
acquires copper or brass material from a person described by
Section 1956.133.
(b) A record meets the requirements of Subsection (a) if it
contains:
(1) a description of the volume of copper or brass
material purchased or otherwise acquired made in accordance with
the custom of the trade for the material that is the subject of the
transaction;
(2) the business name of the person from whom the
copper or brass material was purchased or otherwise acquired;
(3) the following, as applicable:
(A) the information printed on the material that
shows the manufacturer of the material, the date of manufacture of
the material, the identification code for the material, and the
type and size of the material; and
(B) any other information required by commission
rule for materials that are damaged to the extent that the
information described by Paragraph (A) is difficult to ascertain;
and
(4) the date of the transaction.
(c) A metal recycling entity shall preserve each record
required by this section until the second anniversary of the date
the record was made. The records must be maintained in an easily
retrievable format and must be available for inspection as provided
by Section 1956.135 not later than 72 hours after the time of
purchase or acquisition.
(d) A record containing the information described by
Subsection (b) that is maintained in accordance with other law or as
a routine business practice satisfies the requirements of
Subsection (a).
(e) The commission by rule shall prescribe the method by
which a metal recycling entity is required to document in a record
required by this section the type of seller, including a seller
listed in Section 1956.133, from which the entity purchased or
acquired copper or brass material.
(f) A metal recycling entity commits an offense if the
entity intentionally or knowingly fails to maintain a record as
required by this section. An offense under this subsection is a
Class A misdemeanor.
Sec. 1956.135. INSPECTION OF RECORDS. On request, a metal
recycling entity shall permit a peace officer, a representative of
the department, or a representative of a county, municipality, or
other political subdivision that issues a license or permit under
Section 1956.003(b) to, during the entity's usual business hours:
(1) enter the premises of the entity; and
(2) inspect a record required to be maintained by
Section 1956.134.
Sec. 1956.136. EFFECT ON LOCAL LAW. (a) Notwithstanding
Section 1956.003, a county, municipality, or political subdivision
of this state may not:
(1) with respect to copper or brass material, restrict
the purchase, acquisition, sale, transfer, or possession of the
material by a person described by Section 1956.133; or
(2) alter or add to the recordkeeping requirements
provided by Section 1956.134.
(b) Subsection (a) does not affect the authority of a
county, municipality, or political subdivision of this state to:
(1) issue a license or permit as provided by Section
1956.003; or
(2) inspect a record as provided by Section 1956.135.
Sec. 1956.137. ADMINISTRATIVE PENALTY. (a) The
commission may impose an administrative penalty under Subchapter R,
Chapter 411, Government Code, on a metal recycling entity that:
(1) violates Section 1956.133 due to the entity's
failure to exercise due diligence in purchasing or acquiring copper
or brass material; or
(2) violates Section 1956.134.
(b) The amount of the administrative penalty may not exceed
$10,000.
ARTICLE 3. TRANSITIONS; EFFECTIVE DATE
SECTION 3.01. As soon as practicable after the effective
date of this Act, the Public Safety Commission shall adopt rules
necessary to implement Subchapter C-2, Chapter 1956, Occupations
Code, as added by this Act.
SECTION 3.02. The changes in law made by this Act to
Sections 28.03 and 71.02, Penal Code, apply only to an offense
committed on or after September 1, 2025. An offense committed
before September 1, 2025, 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 September 1, 2025, if any element of the
offense occurred before that date.
SECTION 3.03. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2025.