Texas 2025 - 89th Regular

Texas House Bill HB3707 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~89R18736~~ JAM/AJZ-F
	1	+	89R14553 JAM/AJZ-F
2	2		By: Craddick H.B. No. 3707
3		-	~~Substitute the following for H.B. No. 3707:~~
4		-	~~By: Darby C.S.H.B. No. 3707~~
	3	+
	4	+
5	5
6	6
7	7		A BILL TO BE ENTITLED
8	8		AN ACT
9	9		relating to the inspection, purchase, sale, possession, storage,
10	10		transportation, and disposal of petroleum products, oil and gas
11	11		equipment, and oil and gas waste; creating criminal offenses and
12	12		increasing the punishment for an existing criminal offense.
13	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14		SECTION 1. Article 47.07, Code of Criminal Procedure, is
15	15		amended to read as follows:
16	16		Art. 47.07. OWNER MAY RECOVER. The real owner of the
17	17		property sold under [the provisions of] Article 47.06 or 47.13 may
18	18		recover the proceeds from the sale of the [such] property under the
19	19		same terms as prescribed in Subsection (e) of Article 18.17 [of this
20	20		Code].
21	21		SECTION 2. Chapter 47, Code of Criminal Procedure, is
22	22		amended by adding Article 47.13 to read as follows:
23	23		Art. 47.13. PETROLEUM PRODUCT. (a) In this article,
24	24		"petroleum product" means crude oil or condensate.
25	25		(b) Notwithstanding any other provision of this chapter, an
26	26		officer who takes custody of a petroleum product alleged to have
27	27		been stolen shall immediately arrange for the total amount of the
28	28		petroleum product to be sold at a price that is equal to:
29	29		(1) in the case of crude oil, the price of the same
30	30		quantity of West Texas Intermediate crude oil, as calculated based
31	31		on that crude oil's closing price recorded on the New York
32	32		Mercantile Exchange (NYMEX) on the date preceding the date of sale;
33	33		or
34	34		(2) in the case of condensate, the price of the same
35	35		quantity of natural gas liquids as calculated based on the U.S.
36	36		natural gas liquid composite price recorded on the New York
37	37		Mercantile Exchange (NYMEX) on the date preceding the date of sale.
38	38		(c) The proceeds of the sale may be deposited in the manner
39	39		prescribed by Article 18.183 for seized money and disposed of in
40	40		accordance with this chapter and Chapter 18.
41	41		(d) A law enforcement agency may contract with a private
42	42		entity to sell a petroleum product in accordance with this article.
43	43		SECTION 3. Subchapter A, Chapter 411, Government Code, is
44	44		amended by adding Section 411.0185 to read as follows:
45	45		Sec. 411.0185. AUTHORIZED INSPECTION OF CARGO TANKS
46	46		CONTAINING CERTAIN PETROLEUM PRODUCTS. (a) In this section:
47	47		(1) "Cargo tank" has the meaning assigned by Section
48	48		162.001, Tax Code.
49	49		(2) "Crime laboratory" and "forensic analysis" have
50	50		the meanings assigned by Article 38.35, Code of Criminal Procedure.
51	51		(3) "Petroleum product" means crude oil or condensate.
52	52		(b) A commissioned officer of the department who receives
53	53		training described by Subsection (c) may conduct a comprehensive
54	54		inspection of any cargo tank used or suspected of being used to
55	55		transport a petroleum product on a public road or railroad in this
56	56		state. An officer who conducts an inspection under this subsection
57	57		may obtain a sample of the petroleum product or suspected petroleum
58	58		product being transported in the cargo tank and submit the sample to
59	59		a crime laboratory for forensic analysis.
60	60		(c) The commission by rule shall develop a training program
61	61		for commissioned officers to perform comprehensive inspections
62	62		described by Subsection (b). The training program must include
63	63		instruction regarding the proper method for an officer to safely
64	64		obtain a sample of a petroleum product from a cargo tank.
65	65		(d) The department may accept gifts and grants from any
66	66		source to fund forensic analyses of petroleum products under this
67	67		section.
68	68		SECTION 4. Section 31.19, Penal Code, is amended to read as
69	69		follows:
70	70		Sec. 31.19. THEFT OF PETROLEUM PRODUCT OR OIL AND GAS
71	71		EQUIPMENT. (a) In this section:
72	72		(1) "Oil and gas equipment" means machinery, drilling
73	73		equipment, welding equipment, pipeline equipment, fittings, pumps,
74	74		vehicles, or other equipment and materials that are part of or
75	75		incident to the exploration, development, maintenance, and
76	76		operation of oil and gas properties, including oil and gas wells,
77	77		oil and gas leases, gasoline plants, and refineries.
78	78		(2) "Petroleum [, "petroleum] product" means crude
79	79		oil, natural gas, or condensate.
80	80		(b) A person commits an offense if the person:
81	81		(1) unlawfully appropriates a petroleum product with
82	82		intent to deprive the owner of the petroleum product by:
83	83		(A) [(1)] possessing, removing, delivering,
84	84		receiving, purchasing, selling, moving, concealing, or
85	85		transporting the petroleum product; or
86	86		(B) [(2)] making or causing a connection to be
87	87		made with, or drilling or tapping or causing a hole to be drilled or
88	88		tapped in, a pipe, pipeline, or tank used to store or transport a
89	89		petroleum product;
90	90		(2) transports to a waste disposal location a
91	91		petroleum product for which the person cannot identify the
92	92		petroleum product's initial owner;
93	93		(3) purchases a petroleum product from a person that
94	94		is not authorized by the Railroad Commission of Texas to sell the
95	95		petroleum product; or
96	96		(4) stores, purchases, or trades a petroleum product
97	97		for financial benefit by means of a method that is not authorized by
98	98		the Railroad Commission of Texas.
99	99		(b-1) A person commits an offense if the person unlawfully
100	100		appropriates oil and gas equipment with intent to deprive the owner
101	101		of the oil and gas equipment by possessing, removing, delivering,
102	102		receiving, purchasing, selling, moving, concealing, or
103	103		transporting the oil and gas equipment.
104	104		(c) Appropriation of a petroleum product or oil and gas
105	105		equipment is unlawful if it is without the owner's effective
106	106		consent.
107	107		(d) An offense under Subsection (b) [this section] is:
108	108		(1) a [state jail] felony of the third degree if the
109	109		total value of the petroleum product appropriated is less than
110	110		$10,000;
111	111		(2) a felony of the second [third] degree if the total
112	112		value of the petroleum product appropriated is $10,000 or more but
113	113		less than $100,000; or
114	114		(3) a felony of the first [second] degree if the total
115	115		value of the petroleum product appropriated is $100,000 or more
116	116		[but less than $300,000; or
117	117		[(4) a felony of the first degree if the total value of
118	118		the petroleum product appropriated is $300,000 or more].
119	119		(e) An offense under Subsection (b-1) is:
120	120		(1) a felony of the third degree if the total value of
121	121		the oil and gas equipment appropriated is less than $10,000;
122	122		(2) a felony of the second degree if the total value of
123	123		the oil and gas equipment appropriated is $10,000 or more but less
124	124		than $100,000; or
125	125		(3) a felony of the first degree if the total value of
126	126		the oil and gas equipment appropriated is $100,000 or more.
127	127		(f) If conduct that constitutes an offense under this
128	128		section also constitutes an offense under any other law, the actor
129	129		may be prosecuted under this section or the other law, but not both.
130	130		SECTION 5. Section 27.031, Water Code, is amended to read as
131	131		follows:
132	132		Sec. 27.031. PERMIT FROM RAILROAD COMMISSION; CRIMINAL
133		-	PENALTY. (a) A [No] person commits an offense if the person ~~begins~~
134		-	~~drilling or~~ [may continue] using a disposal well or [begin ~~drilling~~
135		-	a disposal well or] converting an existing well into a ~~disposal well~~
136		-	to dispose of oil and gas waste without first ~~obtaining a permit~~
137		-	from the railroad commission.
	133	+	PENALTY. (a) A [No] person commits an offense if the person
	134	+	continues [may continue] using a disposal well or begins [begin]
	135	+	drilling a disposal well or converting an existing well into a
	136	+	disposal well to dispose of oil and gas waste without first
	137	+	obtaining a permit from the railroad commission.
138	138		(b) An offense under this section is:
139	139		(1) a felony of the third degree if no oil and gas
140	140		waste has been disposed of or the total value of the oil and gas
141	141		waste disposed of is less than $10,000;
142	142		(2) a felony of the second degree if the total value of
143	143		the oil and gas waste disposed of is $10,000 or more but less than
144	144		$100,000; or
145	145		(3) a felony of the first degree if the total value of
146	146		the oil and gas waste disposed of is $100,000 or more.
147	147		(c) If conduct that constitutes an offense under this
148	148		section also constitutes an offense under any other law, the actor
149	149		may be prosecuted under this section or the other law, but not both.
150	150		SECTION 6. Article 47.07, Code of Criminal Procedure, as
151	151		amended by this Act, and Article 47.13, Code of Criminal Procedure,
152	152		as added by this Act, apply only to property seized on or after the
153	153		effective date of this Act. Property seized before the effective
154	154		date of this Act is governed by the law in effect on the date the
155	155		property was seized, and the former law is continued in effect for
156	156		that purpose. For purposes of this section, property was seized
157	157		before the effective date of this Act if any portion of the property
158	158		was seized before that date.
159	159		SECTION 7. Not later than January 1, 2026, the Public Safety
160	160		Commission shall adopt rules to implement Section 411.0185,
161	161		Government Code, as added by this Act.
162	162		SECTION 8. Except as provided by Section 6 of this Act, the
163	163		changes in law made by this Act apply only to an offense committed
164	164		on or after the effective date of this Act. An offense committed
165	165		before the effective date of this Act is governed by the law in
166	166		effect on the date the offense was committed, and the former law is
167	167		continued in effect for that purpose. For purposes of this section,
168	168		an offense was committed before the effective date of this Act if
169	169		any element of the offense was committed before that date.
170	170		SECTION 9. This Act takes effect September 1, 2025.