By: Blanco, et al. S.B. No. 1123
A BILL TO BE ENTITLED
AN ACT
relating to the prosecution and punishment of the offense of theft
of petroleum product.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 31.19, Penal Code, is amended by adding
Subsections (e) and (f) to read as follows:
(e) An offense described for purposes of punishment by this
section is increased to the next higher category of offense if it is
shown on the trial of the offense that the actor:
(1) organized, supervised, financed, or managed one or
more other persons engaged in conduct constituting an offense under
this section;
(2) has been previously convicted of an offense under
this section;
(3) in connection with the offense, engaged in conduct
constituting conspiracy under Section 15.02 to commit an offense
under Section 28.03; or
(4) knowingly possessed a firearm during the
commission of the offense.
(e-1) If an offense listed under this section is punishable
as a felony of the first degree, the punishment for that offense may
not be increased under Subsection (e).
(f) If conduct that constitutes 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 2. 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 was committed before that
date.
SECTION 3. This Act takes effect September 1, 2025.