Texas 2025 - 89th Regular

Texas Senate Bill SB1646 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: King, Flores S.B. No. 1646
2		-	Hagenbuch
3		-
4		-
	1	+	By: King, Flores, Hagenbuch S.B. No. 1646
	2	+	(In the Senate - Filed February 26, 2025; March 11, 2025,
	3	+	read first time and referred to Committee on Criminal Justice;
	4	+	April 10, 2025, reported adversely, with favorable Committee
	5	+	Substitute by the following vote: Yeas 6, Nays 0; April 10, 2025,
	6	+	sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR S.B. No. 1646 By: Flores
5	9
6	10
7	11		A BILL TO BE ENTITLED
8	12		AN ACT
9	13		relating to criminal conduct involving the theft or unauthorized
10	14		possession of copper or brass and to the sale of copper or brass
11	15		material to metal recycling entities; creating criminal offenses;
12	16		providing an administrative penalty.
13	17		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	18		ARTICLE 1. CRIMINAL PENALTIES
15	19		SECTION 1.01. Section 423.0045(a)(1-a), Government Code,
16	20		is amended to read as follows:
17	21		(1-a) "Critical infrastructure facility" means:
18	22		(A) one of the following, if completely enclosed
19	23		by a fence or other physical barrier that is obviously designed to
20	24		exclude intruders, or if clearly marked with a sign or signs that
21	25		are posted on the property, are reasonably likely to come to the
22	26		attention of intruders, and indicate that entry is forbidden:
23	27		(i) a petroleum or alumina refinery;
24	28		(ii) an electrical power generating
25	29		facility, substation, switching station, or electrical control
26	30		center;
27	31		(iii) a chemical, polymer, or rubber
28	32		manufacturing facility;
29	33		(iv) a water intake structure, water
30	34		treatment facility, wastewater treatment plant, or pump station;
31	35		(v) a natural gas compressor station;
32	36		(vi) a liquid natural gas terminal or
33	37		storage facility;
34	38		(vii) a telecommunications central
35	39		switching office or any structure used as part of a system to
36	40		provide wired or wireless telecommunications services, cable or
37	41		video services, or Internet access services;
38	42		(viii) a port, a railroad switching yard, a
39	43		trucking terminal, or any other freight transportation facility;
40	44		(ix) a gas processing plant, including a
41	45		plant used in the processing, treatment, or fractionation of
42	46		natural gas;
43	47		(x) a transmission facility used by a
44	48		federally licensed radio or television station;
45	49		(xi) a steelmaking facility that uses an
46	50		electric arc furnace to make steel;
47	51		(xii) a dam that is classified as a high
48	52		hazard by the Texas Commission on Environmental Quality; or
49	53		(xiii) a concentrated animal feeding
50	54		operation, as defined by Section 26.048, Water Code; or
51	55		(B) if enclosed by a fence or other physical
52	56		barrier obviously designed to exclude intruders:
53	57		(i) any portion of an aboveground oil, gas,
54	58		or chemical pipeline;
55	59		(ii) an oil or gas drilling site;
56	60		(iii) a group of tanks used to store crude
57	61		oil, such as a tank battery;
58	62		(iv) an oil, gas, or chemical production
59	63		facility;
60	64		(v) an oil or gas wellhead; or
61	65		(vi) any oil and gas facility that has an
62	66		active flare.
63	67		SECTION 1.02. Section 28.03(g), Penal Code, is amended by
64	68		adding Subdivision (10) to read as follows:
65	69		(10) "Critical infrastructure facility" has the
66	70		meaning assigned by Section 423.0045, Government Code, and includes
67	71		any component of a system:
68	72		(A) on which a 9-1-1 service, as defined by
69	73		Section 771.001, Health and Safety Code, depends to properly
70	74		function; or
71	75		(B) that enables interoperable communications
72	76		between emergency services personnel, as defined by Section 22.01,
73	77		during an emergency or disaster.
74	78		SECTION 1.03. Section 28.03, Penal Code, is amended by
75	79		adding Subsection (l) to read as follows:
76	80		(l) Notwithstanding Subsection (b), an offense under this
77	81		section is a felony of the third degree if:
78	82		(1) the actor committed the offense by damaging or
79	83		destroying a copper or brass component of:
80	84		(A) a critical infrastructure facility; or
81	85		(B) equipment or communication wires appurtenant
82	86		to or connected to the facility or on which the facility depends to
83	87		properly function, regardless of whether the equipment or
84	88		communication wires are enclosed by a fence or other barrier; and
85	89		(2) the damage or destruction causes, wholly or
86	90		partly, the impairment or interruption of the facility or the
87	91		equipment or communication wires.
88	92		SECTION 1.04. Section 31.01, Penal Code, is amended by
89	93		adding Subdivisions (15) and (16) to read as follows:
90	94		(15) "Critical infrastructure facility" has the
91	95		meaning assigned by Section 423.0045, Government Code, and includes
92	96		any component of a system:
93	97		(A) on which a 9-1-1 service, as defined by
94	98		Section 771.001, Health and Safety Code, depends to properly
95	99		function; or
96	100		(B) that enables interoperable communications
97	101		between emergency services personnel, as defined by Section 22.01,
98	102		during an emergency or disaster.
99	103		(16) "Firearm" has the meaning assigned by Section
100	104		46.01.
101	105		SECTION 1.05. Section 31.03, Penal Code, is amended by
102	106		adding Subsection (f-2) to read as follows:
103	107		(f-2) An offense described for purposes of punishment by
104	108		Subsection (e)(4)-(6) is increased to the next higher category of
105	109		offense if it is shown on the trial of the offense that:
106	110		(1) the property stolen was copper or brass; and
107	111		(2) the actor committed the offense by unlawfully
108	112		appropriating the property from a critical infrastructure facility
109	113		or from equipment or communication wires appurtenant to or
110	114		connected to the facility or on which the facility depends to
111	115		properly function, regardless of whether the equipment or
112	116		communication wires are enclosed by a fence or other barrier.
113	117		SECTION 1.06. Chapter 31, Penal Code, is amended by adding
114	118		Section 31.22 to read as follows:
115	119		Sec. 31.22. UNAUTHORIZED POSSESSION OF CERTAIN COPPER OR
116	120		BRASS MATERIAL. (a) In this section, "copper or brass material"
117	121		has the meaning assigned by Section 1956.001(4)(A) or (B),
118	122		Occupations Code.
119	123		(b) A person commits an offense if the person:
120	124		(1) intentionally or knowingly possesses copper or
121	125		brass material; and
122	126		(2) is not a person who is authorized under Subsection
123	127		(c) to possess the copper or brass material.
124	128		(c) Subject to Subsection (d), a person is authorized to
125	129		possess copper or brass material if the person is:
126	130		(1) the owner of the material;
127	131		(2) a public utility or common carrier;
128	132		(3) a telecommunications provider as defined by
129	133		Section 51.002, Utilities Code;
130	134		(4) a cable service provider as defined by Section
131	135		66.002, Utilities Code;
132	136		(5) a video service provider as defined by Section
133	137		66.002, Utilities Code;
134	138		(6) a manufacturing, industrial, commercial, retail,
135	139		or other business that sells the material in the ordinary course of
136	140		the seller's business;
137	141		(7) a carrier-for-hire acting in the course and scope
138	142		of the carrier's business with a bill of lading or a contract
139	143		verifying transport information;
140	144		(8) a metal recycling entity registered under Chapter
141	145		1956, Occupations Code, and acting within the course and scope of
142	146		the entity's business;
143	147		(9) a person acting in the ordinary course of the
144	148		person's business who lawfully acquires possession of the materials
145	149		during construction, remodeling, demolition, or salvage of a
146	150		building or other structure in which the materials were installed
147	151		or contained; or
148	152		(10) an agent for a person described by Subdivisions
149	153		(1)-(9) acting within the course and scope of the agent's authority
150	154		to act on behalf of the person.
151	155		(d) Subsection (c) does not apply to a person who knows that
152	156		the copper or brass material was unlawfully obtained.
153	157		(e) Except as provided by Subsection (f), an offense under
154	158		this section is a state jail felony.
155	159		(f) An offense under this section is a felony of the third
156	160		degree if it is shown on the trial of the offense that:
157	161		(1) the copper or brass material was unlawfully
158	162		obtained from a critical infrastructure facility; or
159	163		(2) the person:
160	164		(A) has been previously convicted of an offense
161	165		under this section;
162	166		(B) has been previously convicted of any of the
163	167		following offenses with respect to copper or brass material:
164	168		(i) an offense under Section 28.03 or
165	169		31.03;
166	170		(ii) conspiracy under Section 15.02 to
167	171		commit an offense under Section 28.03 or 31.03; or
168	172		(iii) an offense under Chapter 71;
169	173		(C) in connection with the offense, engaged in
170	174		conduct with respect to copper or brass material constituting:
171	175		(i) conspiracy under Section 15.02 to
172	176		commit an offense under Section 28.03, Section 31.03, or Chapter
173	177		71; or
174	178		(ii) an offense under Chapter 71; or
175	179		(D) possessed a firearm during the commission of
176	180		the offense.
177	181		(g) If conduct constituting an offense under this section
178	182		also constitutes an offense under any other law, the actor may be
179	183		prosecuted under this section, the other law, or both.
180	184		SECTION 1.07. Section 71.02(a), Penal Code, as amended by
181	185		Chapters 269 (S.B. 224), 369 (H.B. 1442), 462 (S.B. 1900), 885 (H.B.
182	186		4635), and 910 (H.B. 6), Acts of the 88th Legislature, Regular
183	187		Session, 2023, is reenacted and amended to read as follows:
184	188		(a) A person commits an offense if, with the intent to
185	189		establish, maintain, or participate in a combination or in the
186	190		profits of a combination or as a member of a criminal street gang or
187	191		foreign terrorist organization, the person commits or conspires to
188	192		commit one or more of the following:
189	193		(1) murder, capital murder, arson, aggravated
190	194		robbery, robbery, burglary, theft, aggravated kidnapping,
191	195		kidnapping, aggravated assault, aggravated sexual assault, sexual
192	196		assault, continuous sexual abuse of young child or disabled
193	197		individual, solicitation of a minor, forgery, deadly conduct,
194	198		assault punishable as a Class A misdemeanor, burglary of a motor
195	199		vehicle, or unauthorized use of a motor vehicle;
196	200		(2) any gambling offense punishable as a Class A
197	201		misdemeanor;
198	202		(3) promotion of prostitution, aggravated promotion
199	203		of prostitution, or compelling prostitution;
200	204		(4) unlawful manufacture, transportation, repair, or
201	205		sale of firearms or prohibited weapons;
202	206		(5) unlawful manufacture, delivery, dispensation, or
203	207		distribution of a controlled substance or dangerous drug, or
204	208		unlawful possession of a controlled substance or dangerous drug:
205	209		(A) through forgery, fraud, misrepresentation,
206	210		or deception; or
207	211		(B) with the intent to deliver the controlled
208	212		substance or dangerous drug;
209	213		(5-a) causing the unlawful delivery, dispensation, or
210	214		distribution of a controlled substance or dangerous drug in
211	215		violation of Subtitle B, Title 3, Occupations Code;
212	216		(5-b) any unlawful possession with intent to deliver a
213	217		controlled substance or dangerous drug;
214	218		(5-c) [(5-b)] unlawful possession with intent to
215	219		deliver a controlled substance listed in Penalty Group 1-B under
216	220		Section 481.1022, Health and Safety Code;
217	221		(6) any unlawful wholesale promotion or possession of
218	222		any obscene material or obscene device with the intent to wholesale
219	223		promote the same;
220	224		(7) any offense under Subchapter B, Chapter 43,
221	225		depicting or involving conduct by or directed toward a child
222	226		younger than 18 years of age;
223	227		(8) any felony offense under Chapter 32;
224	228		(9) any offense under Chapter 36;
225	229		(10) any offense under Chapter 34, 35, or 35A;
226	230		(11) any offense under Section 37.11(a);
227	231		(12) any offense under Chapter 20A;
228	232		(13) any offense under Section 37.10;
229	233		(14) any offense under Section 38.06, 38.07, 38.09, or
230	234		38.11;
231	235		(15) any offense under Section 42.10;
232	236		(16) any offense under Section 46.06(a)(1) or 46.14;
233	237		(17) any offense under Section 20.05, 20.06, or 20.07;
234	238		(18) any offense under Section 16.02;
235	239		(19) any offense punishable under Section 42.03(d) or
236	240		(e);
237	241		(20) [(19)] an offense under Section 28.03 that is
238	242		punishable under Subsection (b)(4)(E) or (l) of that section;
239		-	(21) [20] an offense under:
240		-	(A) Section 31.21 that is punishable under
241		-	Subsection (d) of that section; or
242		-	(B) Section 31.22 that is punishable under
243		-	Subsection (e) of that section;
	243	+	(21) [(20)] an offense under Section 31.21 or 31.22
	244	+	that is punishable under Subsection (d) or (e), respectively, of
	245	+	those sections [that section]; [or]
244	246		(22) [(20)] any offense classified as a felony under
245	247		the Tax Code; or
246	248		(23) [(21)] any offense under Section 545.420,
247	249		Transportation Code.
248	250		SECTION 1.08. Section 31.03(h)(8), Penal Code, is repealed.
249	251		ARTICLE 2. REGULATION OF METAL RECYCLING ENTITIES
250		-	SECTION 2.01. Section 1956.001(4), Occupations Code, is
251		-	amended to read as follows:
252		-	(4) "Copper or brass material" means:
253		-	(A) a power inverter, bus bar, or insulated or
254		-	noninsulated copper wire or cable that contains copper or an alloy
255		-	of copper or zinc and is of the type used by:
256		-	(i) a public utility or common carrier;
257		-	(ii) a telecommunications provider as
258		-	defined by Section 51.002, Utilities Code;
259		-	(iii) a cable service provider as defined
260		-	by Section 66.002, Utilities Code; or
261		-	(iv) a video service provider as defined by
262		-	Section 66.002, Utilities Code;
263		-	(B) a copper or brass item of a type commonly used
264		-	in construction or by:
265		-	(i) a public utility;
266		-	(ii) a telecommunications provider as
267		-	defined by Section 51.002, Utilities Code;
268		-	(iii) a cable service provider as defined
269		-	by Section 66.002, Utilities Code; or
270		-	(iv) a video service provider as defined by
271		-	Section 66.002, Utilities Code; or
272		-	(C) copper pipe or copper tubing.
273		-	SECTION 2.02. Subchapter A-1, Chapter 1956, Occupations
	252	+	SECTION 2.01. Subchapter A-1, Chapter 1956, Occupations
274	253		Code, is amended by adding Section 1956.018 to read as follows:
275	254		Sec. 1956.018. TRAINING ON IDENTIFYING CERTAIN REGULATED
276	255		MATERIAL. (a) The department shall develop and make available to
277	256		metal recycling entities educational and training materials to aid
278	257		the entities in identifying copper or brass material as defined by
279	258		Section 1956.131, including copper or brass material that may be
280	259		stolen property.
281	260		(b) The educational and training materials must be
282	261		developed in coordination with:
283	262		(1) the advisory committee established under Section
284	263		1956.017;
285	264		(2) trade associations representing metal recycling
286	265		entities;
287	266		(3) representatives of the communications industries
288	267		that deploy materials composed of copper or brass material;
289	268		(4) representatives of law enforcement agencies and
290	269		the offices of prosecuting attorneys; and
291	270		(5) other interested stakeholders.
292		-	(c) For purposes of developing the educational and training
293		-	materials under Subsection (a), the representatives described by
294		-	Subsection (b)(3) shall provide examples to the department of
295		-	copper or brass material as defined by Section 1956.131.
296		-	SECTION 2.03. Subchapter A-1, Chapter 1956, Occupations
297		-	Code, is amended by adding Section 1956.019 to read as follows:
298		-	Sec. 1956.019. STUDY ON EFFECT OF REGULATIONS ON INCIDENTS
299		-	OF THEFT OF REGULATED MATERIAL. (a) At least once every three
300		-	years, the department shall conduct a study on:
301		-	(1) the effect that the implementation of Subchapter
302		-	C-2 and similar laws has had on the incidents of theft of regulated
303		-	material, particularly copper or brass material; and
304		-	(2) the manner and extent to which metal recycling
305		-	entities are coordinating and cooperating with law enforcement
306		-	agencies and prosecutors to assist in preventing and prosecuting
307		-	that theft.
308		-	(b) The department shall make available on the department's
309		-	publicly accessible Internet website a written report on the study
310		-	conducted under Subsection (a).
311		-	SECTION 2.04. Chapter 1956, Occupations Code, is amended by
	271	+	SECTION 2.02. Chapter 1956, Occupations Code, is amended by
312	272		adding Subchapter C-2 to read as follows:
313	273		SUBCHAPTER C-2. TRANSACTIONS INVOLVING CERTAIN COPPER OR BRASS
314	274		MATERIAL
315	275		Sec. 1956.131. DEFINITION. Notwithstanding Section
316	276		1956.001, in this subchapter, the term "copper or brass material"
317		-	does not include:
318		-	(1) the material described by Section 1956.001(4)(B)
319		-	or (C); or
320		-	(2) common household insulated or noninsulated copper
321		-	wire or cable.
	277	+	does not include the material described by Section 1956.001(4)(C).
322	278		Sec. 1956.132. APPLICABILITY; EFFECT OF LAW.
323	279		(a) Notwithstanding any other provision of this chapter, this
324	280		subchapter applies to the purchase or acquisition, from a person
325	281		described by Section 1956.002(1), of copper or brass material.
326	282		(b) This subchapter does not affect any requirement under
327	283		Subchapter A-3, including any requirement applicable to the
328	284		purchase or acquisition of copper or brass material from a person
329	285		not described by Section 1956.002(1).
330	286		Sec. 1956.133. LIMITATION ON PURCHASING OR OTHERWISE
331	287		ACQUIRING CERTAIN COPPER OR BRASS MATERIAL. A metal recycling
332	288		entity may not purchase or otherwise acquire copper or brass
333	289		material from a person described by Section 1956.002(1), unless
334	290		each of the following is satisfied:
335	291		(1) the person selling the copper or brass material to
336	292		the metal recycling entity acquired it in the ordinary course of the
337	293		person's business, including in the ordinary course of business of
338	294		any of the following entities:
339	295		(A) a business that owns the copper or brass
340	296		material;
341	297		(B) a public utility or common carrier;
342	298		(C) a telecommunications provider as defined by
343	299		Section 51.002, Utilities Code;
344	300		(D) a cable service provider as defined by
345	301		Section 66.002, Utilities Code;
346	302		(E) a video service provider as defined by
347	303		Section 66.002, Utilities Code;
348	304		(F) a manufacturing, industrial, commercial,
349	305		retail, or other business that sells the material in the ordinary
350	306		course of the seller's business;
351	307		(G) a carrier-for-hire acting in the course and
352	308		scope of the carrier's business with a bill of lading or a contract
353	309		verifying transport information;
354	310		(H) a metal recycling entity registered under
355	311		this chapter acting within the course and scope of the entity's
356	312		business; or
357	313		(I) a person acting in the ordinary course of the
358	314		person's business who lawfully acquires possession of the materials
359	315		during the construction, remodeling, demolition, or salvage of a
360	316		building or other structure in which the materials were installed
361		-	or contained; ~~and~~
	317	+	or contained; or
362	318		(2) any individual acting on behalf of the person
363		-	described by Subdivision (1) has apparent authority to enter ~~into~~
364		-	the transaction and is acting in the scope of that authority.
	319	+	described by Subdivision (1) who has apparent authority to enter
	320	+	into the transaction and is acting in the scope of that authority.
365	321		Sec. 1956.134. CERTAIN RECORDS REQUIRED WHEN PURCHASING OR
366	322		OTHERWISE ACQUIRING CERTAIN COPPER OR BRASS MATERIAL; OFFENSE.
367	323		(a) A metal recycling entity shall maintain an accurate record of
368	324		each transaction in which the entity purchases or otherwise
369	325		acquires copper or brass material from a person described by
370	326		Section 1956.133.
371	327		(b) A record meets the requirements of Subsection (a) if it
372	328		contains:
373		-	(1) a description of the ~~weight~~ of copper or brass
	329	+	(1) a description of the volume of copper or brass
374	330		material purchased or otherwise acquired made in accordance with
375	331		the custom of the trade for the material that is the subject of the
376	332		transaction;
377	333		(2) the business name of the person from whom the
378	334		copper or brass material was purchased or otherwise acquired;
379	335		(3) if the copper or brass material includes insulated
380	336		communications wire that has been burned wholly or partly to remove
381	337		the insulation, documentation acceptable under the rules adopted
382	338		under Subsection (f) that states that the material was salvaged
383	339		from a fire; and
384	340		(4) the date of the transaction.
385	341		(c) A metal recycling entity shall preserve each record
386	342		required by this section until the second anniversary of the date
387	343		the record was made. The records must be maintained in an easily
388	344		retrievable format and must be available for inspection as provided
389	345		by Section 1956.135 not later than 72 hours after the time of
390	346		purchase or acquisition.
391	347		(d) A record containing the information described by
392	348		Subsection (b) that is maintained in accordance with other law or as
393	349		a routine business practice satisfies the requirements of
394	350		Subsection (a).
395	351		(e) The commission by rule shall prescribe the method by
396	352		which a metal recycling entity is required to document in a record
397	353		required by this section the type of seller, including a seller
398	354		listed in Section 1956.133, from which the entity purchased or
399	355		acquired copper or brass material.
400	356		(f) The commission shall adopt rules establishing the type
401	357		of documentation that a person described by Section 1956.133 who
402	358		sells insulated communications wire described by Subsection (b)(3)
403	359		must provide to a metal recycling entity to establish that the wire
404	360		was salvaged from a fire.
405	361		(g) A metal recycling entity commits an offense if the
406	362		entity intentionally or knowingly fails to maintain a record as
407	363		required by this section. An offense under this subsection is a
408	364		Class A misdemeanor.
409	365		Sec. 1956.135. INSPECTION OF RECORDS. On request, a metal
410	366		recycling entity shall permit a peace officer, a representative of
411	367		the department, or a representative of a county, municipality, or
412	368		other political subdivision that issues a license or permit under
413	369		Section 1956.003(b) to, during the entity's usual business hours:
414	370		(1) enter the premises of the entity; and
415	371		(2) inspect a record required to be maintained by
416	372		Section 1956.134.
417	373		Sec. 1956.136. EFFECT ON LOCAL LAW. (a) Notwithstanding
418	374		Section 1956.003, a county, municipality, or political subdivision
419	375		of this state may not:
420	376		(1) with respect to copper or brass material, restrict
421	377		the purchase, acquisition, sale, transfer, or possession of the
422	378		material by a person described by Section 1956.133; or
423	379		(2) alter or add to the recordkeeping requirements
424	380		provided by Section 1956.134.
425	381		(b) Subsection (a) does not affect the authority of a
426	382		county, municipality, or political subdivision of this state to:
427	383		(1) issue a license or permit as provided by Section
428	384		1956.003; or
429	385		(2) inspect a record as provided by Section 1956.135.
430	386		(c) Subsection (a)(2) does not affect a municipal ordinance
431	387		in effect on March 1, 2025, to the extent the ordinance requires a
432	388		metal recycling entity to submit records, in addition to any
433	389		records required by Section 1956.134, to a searchable online
434	390		database that is used by law enforcement to identify and locate
435	391		damaged or stolen property and any individuals who may be
436	392		associated with the damaged or stolen property.
437	393		Sec. 1956.137. ADMINISTRATIVE PENALTY. (a) The
438	394		commission may impose an administrative penalty under Subchapter R,
439	395		Chapter 411, Government Code, on a metal recycling entity that:
440	396		(1) violates Section 1956.133 due to the entity's
441	397		failure to exercise due diligence in purchasing or acquiring copper
442	398		or brass material; or
443	399		(2) violates Section 1956.134.
444	400		(b) The amount of the administrative penalty may not exceed
445	401		$10,000.
446	402		ARTICLE 3. TRANSITIONS; EFFECTIVE DATE
447	403		SECTION 3.01. Not later than January 1, 2026, the Public
448	404		Safety Commission shall adopt rules necessary to implement the
449	405		changes in law made by this Act to Chapter 1956, Occupations Code.
450		-	SECTION 3.02. Not later than September 1, 2028, the
451		-	Department of Public Safety of the State of Texas shall complete the
452		-	initial study required by Section 1956.019, Occupations Code, as
453		-	added by this Act.
454		-	SECTION 3.03. The changes in law made by this Act to
	406	+	SECTION 3.02. The changes in law made by this Act to
455	407		Sections 28.03 and 71.02, Penal Code, apply only to an offense
456	408		committed on or after September 1, 2025. An offense committed
457	409		before September 1, 2025, is governed by the law in effect on the
458	410		date the offense was committed, and the former law is continued in
459	411		effect for that purpose. For purposes of this section, an offense
460	412		was committed before September 1, 2025, if any element of the
461	413		offense occurred before that date.
462		-	SECTION 3.04. This Act takes effect immediately if it
	414	+	SECTION 3.03. This Act takes effect immediately if it
463	415		receives a vote of two-thirds of all the members elected to each
464	416		house, as provided by Section 39, Article III, Texas Constitution.
465	417		If this Act does not receive the vote necessary for immediate
466	418		effect, this Act takes effect September 1, 2025.
	419	+	* * * * *