| 1 | 1 | | By: Blanco, et al. S.B. No. 1123 |
|---|
| 2 | 2 | | |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | |
|---|
| 6 | 6 | | A BILL TO BE ENTITLED |
|---|
| 7 | 7 | | AN ACT |
|---|
| 8 | 8 | | relating to the prosecution and punishment of the offense of theft |
|---|
| 9 | 9 | | of petroleum product. |
|---|
| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 11 | 11 | | SECTION 1. Section 31.19, Penal Code, is amended by adding |
|---|
| 12 | 12 | | Subsections (e) and (f) to read as follows: |
|---|
| 13 | 13 | | (e) An offense described for purposes of punishment by this |
|---|
| 14 | 14 | | section is increased to the next higher category of offense if it is |
|---|
| 15 | 15 | | shown on the trial of the offense that the actor: |
|---|
| 16 | 16 | | (1) organized, supervised, financed, or managed one or |
|---|
| 17 | 17 | | more other persons engaged in conduct constituting an offense under |
|---|
| 18 | 18 | | this section; |
|---|
| 19 | 19 | | (2) has been previously convicted of an offense under |
|---|
| 20 | 20 | | this section; |
|---|
| 21 | 21 | | (3) in connection with the offense, engaged in conduct |
|---|
| 22 | 22 | | constituting conspiracy under Section 15.02 to commit an offense |
|---|
| 23 | 23 | | under Section 28.03; or |
|---|
| 24 | 24 | | (4) knowingly possessed a firearm during the |
|---|
| 25 | 25 | | commission of the offense. |
|---|
| 26 | 26 | | (e-1) If an offense listed under this section is punishable |
|---|
| 27 | 27 | | as a felony of the first degree, the punishment for that offense may |
|---|
| 28 | 28 | | not be increased under Subsection (e). |
|---|
| 29 | 29 | | (f) If conduct that constitutes an offense under this |
|---|
| 30 | 30 | | section also constitutes an offense under any other law, the actor |
|---|
| 31 | 31 | | may be prosecuted under this section, the other law, or both. |
|---|
| 32 | 32 | | SECTION 2. The changes in law made by this Act apply only to |
|---|
| 33 | 33 | | an offense committed on or after the effective date of this Act. An |
|---|
| 34 | 34 | | offense committed before the effective date of this Act is governed |
|---|
| 35 | 35 | | by the law in effect on the date the offense was committed, and the |
|---|
| 36 | 36 | | former law is continued in effect for that purpose. For purposes of |
|---|
| 37 | 37 | | this section, an offense was committed before the effective date of |
|---|
| 38 | 38 | | this Act if any element of the offense was committed before that |
|---|
| 39 | 39 | | date. |
|---|
| 40 | 40 | | SECTION 3. This Act takes effect September 1, 2025. |
|---|