Texas 2025 - 89th Regular

Texas Senate Bill SB1806 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Sparks S.B. No. 1806
2		-
3		-
	2	+	(In the Senate - Filed March 3, 2025; March 13, 2025, read
	3	+	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. 1806 By: Flores
4	9
5	10
6	11		A BILL TO BE ENTITLED
7	12		AN ACT
8	13		relating to the inspection, purchase, sale, possession, storage,
9	14		transportation, and disposal of petroleum products, oil and gas
10	15		equipment, and oil and gas waste; creating criminal offenses and
11	16		increasing the punishment for an existing criminal offense.
12	17		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	18		SECTION 1. Article 47.07, Code of Criminal Procedure, is
14	19		amended to read as follows:
15	20		Art. 47.07. OWNER MAY RECOVER. The real owner of the
16	21		property sold under [the provisions of] Article 47.06 or 47.13 may
17	22		recover the proceeds from the sale of the [such] property under the
18	23		same terms as prescribed in Subsection (e) of Article 18.17 [of this
19	24		Code].
20	25		SECTION 2. Chapter 47, Code of Criminal Procedure, is
21	26		amended by adding Article 47.13 to read as follows:
22	27		Art. 47.13. PETROLEUM PRODUCT. (a) In this article,
23	28		"petroleum product" means crude oil or condensate.
24	29		(b) Notwithstanding any other provision of this chapter, an
25	30		officer who takes custody of a petroleum product alleged to have
26	31		been stolen may arrange for the total amount of the petroleum
27	32		product to be sold at a price that is equal to:
28	33		(1) in the case of crude oil, the price of the same
29	34		quantity of West Texas Intermediate crude oil, as calculated based
30	35		on that crude oil's closing price recorded on the New York
31	36		Mercantile Exchange (NYMEX) on the date preceding the date of sale;
32	37		or
33	38		(2) in the case of condensate, the price of the same
34	39		quantity of natural gas liquids as calculated based on the U.S.
35	40		natural gas liquid composite price recorded on the New York
36	41		Mercantile Exchange (NYMEX) on the date preceding the date of sale.
37	42		(c) The proceeds of the sale may be deposited in the manner
38	43		prescribed by Article 18.183 for seized money and disposed of in
39	44		accordance with this chapter and Chapter 18.
40	45		(d) A law enforcement agency may contract with a private
41	46		entity to sell a petroleum product in accordance with this article.
42	47		SECTION 3. Subchapter A, Chapter 411, Government Code, is
43	48		amended by adding Section 411.0185 to read as follows:
44	49		Sec. 411.0185. AUTHORIZED INSPECTION OF CARGO TANKS
45	50		CONTAINING CERTAIN PETROLEUM PRODUCTS. (a) In this section:
46	51		(1) "Cargo tank" has the meaning assigned by Section
47	52		162.001, Tax Code.
48	53		(2) "Crime laboratory" and "forensic analysis" have
49	54		the meanings assigned by Article 38.35, Code of Criminal Procedure.
50	55		(3) "Petroleum product" means crude oil or condensate.
51	56		(b) A commissioned officer of the department who receives
52	57		training described by Subsection (c) may conduct a comprehensive
53	58		inspection of any cargo tank used or suspected of being used to
54	59		transport a petroleum product on a public road or railroad in this
55	60		state. An officer who conducts an inspection under this subsection
56	61		may obtain a sample of the petroleum product or suspected petroleum
57	62		product being transported in the cargo tank and submit the sample to
58	63		a crime laboratory for forensic analysis.
59	64		(c) The commission by rule shall develop a training program
60	65		for commissioned officers to perform comprehensive inspections
61	66		described by Subsection (b). The training program must include
62	67		instruction regarding the proper method for an officer to safely
63	68		obtain a sample of a petroleum product from a cargo tank.
64	69		(d) The department may accept gifts and grants from any
65	70		source to fund forensic analyses of petroleum products under this
66	71		section.
67	72		SECTION 4. Section 31.19, Penal Code, is amended to read as
68	73		follows:
69	74		Sec. 31.19. THEFT OF PETROLEUM PRODUCT OR OIL AND GAS
70	75		EQUIPMENT. (a) In this section:
71	76		(1) "Oil and gas equipment" means machinery, drilling
72	77		equipment, welding equipment, pipeline equipment, fittings, pumps,
73	78		vehicles, or other equipment and materials that are part of or
74	79		incident to the exploration, development, maintenance, and
75	80		operation of oil and gas properties, including oil and gas wells,
76	81		oil and gas leases, gasoline plants, and refineries.
77	82		(2) "Petroleum[, "petroleum] product" means crude
78	83		oil, natural gas, or condensate.
79	84		(b) A person commits an offense if the person:
80	85		(1) unlawfully appropriates a petroleum product with
81	86		intent to deprive the owner of the petroleum product by:
82	87		(A) [(1)] possessing, removing, delivering,
83	88		receiving, purchasing, selling, moving, concealing, or
84	89		transporting the petroleum product; or
85	90		(B) [(2)] making or causing a connection to be
86	91		made with, or drilling or tapping or causing a hole to be drilled or
87	92		tapped in, a pipe, pipeline, or tank used to store or transport a
88	93		petroleum product;
89	94		(2) transports to a waste disposal location a
90	95		petroleum product for which the person cannot identify the
91	96		petroleum product's initial owner;
92	97		(3) purchases a petroleum product from a person that
93	98		is not authorized by the Railroad Commission of Texas to sell the
94	99		petroleum product; or
95	100		(4) stores, purchases, or trades a petroleum product
96	101		for financial benefit by means of a method that is not authorized by
97	102		the Railroad Commission of Texas.
98	103		(b-1) A person commits an offense if the person unlawfully
99	104		appropriates oil and gas equipment with intent to deprive the owner
100	105		of the oil and gas equipment by possessing, removing, delivering,
101	106		receiving, purchasing, selling, moving, concealing, or
102	107		transporting the oil and gas equipment.
103	108		(c) Appropriation of a petroleum product or oil and gas
104	109		equipment is unlawful if it is without the owner's effective
105	110		consent.
106	111		(d) An offense under Subsection (b) [this section] is:
107	112		(1) a [state jail] felony of the third degree if the
108	113		total value of the petroleum product appropriated is less than
109	114		$10,000;
110	115		(2) a felony of the second [third] degree if the total
111	116		value of the petroleum product appropriated is $10,000 or more but
112	117		less than $100,000; or
113	118		(3) a felony of the first [second] degree if the total
114	119		value of the petroleum product appropriated is $100,000 or more
115	120		[but less than $300,000; or
116	121		[(4) a felony of the first degree if the total value of
117	122		the petroleum product appropriated is $300,000 or more].
118	123		(e) An offense under Subsection (b-1) is:
119	124		(1) a felony of the third degree if the total value of
120	125		the oil and gas equipment appropriated is less than $10,000;
121	126		(2) a felony of the second degree if the total value of
122	127		the oil and gas equipment appropriated is $10,000 or more but less
123	128		than $100,000; or
124	129		(3) a felony of the first degree if the total value of
125	130		the oil and gas equipment appropriated is $100,000 or more.
126	131		(f) If conduct that constitutes an offense under this
127	132		section also constitutes an offense under any other law, the actor
128	133		may be prosecuted under this section or the other law, but not both.
129	134		SECTION 5. Section 27.031, Water Code, is amended to read as
130	135		follows:
131	136		Sec. 27.031. PERMIT FROM RAILROAD COMMISSION; CRIMINAL
132	137		PENALTY. (a) A [No] person commits an offense if the person begins
133	138		drilling or [may continue] using a disposal well or [begin drilling
134	139		a disposal well or] converting an existing well into a disposal well
135	140		to dispose of oil and gas waste without first obtaining a permit
136	141		from the railroad commission.
137	142		(b) An offense under this section is:
138	143		(1) a felony of the third degree if no oil and gas
139	144		waste has been disposed of or the total value of the oil and gas
140	145		waste disposed of is less than $10,000;
141	146		(2) a felony of the second degree if the total value of
142	147		the oil and gas waste disposed of is $10,000 or more but less than
143	148		$100,000; or
144	149		(3) a felony of the first degree if the total value of
145	150		the oil and gas waste disposed of is $100,000 or more.
146	151		(c) If conduct that constitutes an offense under this
147	152		section also constitutes an offense under any other law, the actor
148	153		may be prosecuted under this section or the other law, but not both.
149	154		SECTION 6. Article 47.07, Code of Criminal Procedure, as
150	155		amended by this Act, and Article 47.13, Code of Criminal Procedure,
151	156		as added by this Act, apply only to property seized on or after the
152	157		effective date of this Act. Property seized before the effective
153	158		date of this Act is governed by the law in effect on the date the
154	159		property was seized, and the former law is continued in effect for
155	160		that purpose. For purposes of this section, property was seized
156	161		before the effective date of this Act if any portion of the property
157	162		was seized before that date.
158	163		SECTION 7. Not later than January 1, 2026, the Public Safety
159	164		Commission shall adopt rules to implement Section 411.0185,
160	165		Government Code, as added by this Act.
161	166		SECTION 8. Except as provided by Section 6 of this Act, the
162	167		changes in law made by this Act apply only to an offense committed
163	168		on or after the effective date of this Act. An offense committed
164	169		before the effective date of this Act is governed by the law in
165	170		effect on the date the offense was committed, and the former law is
166	171		continued in effect for that purpose. For purposes of this section,
167	172		an offense was committed before the effective date of this Act if
168	173		any element of the offense was committed before that date.
169	174		SECTION 9. This Act takes effect September 1, 2025.
	175	+	* * * * *