Bill Text: TX HB37 | 2019-2020 | 86th Legislature | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the creation of the criminal offense of mail theft.

Spectrum: Bipartisan Bill

Status: (Passed) 2019-06-10 - Effective on 9/1/19 [HB37 Detail]

Download: Texas-2019-HB37-Comm_Sub.html
  86R23953 JRR-D
 
  By: Minjarez, Larson, Zedler, Pacheco, H.B. No. 37
      Kuempel, et al.
 
  Substitute the following for H.B. No. 37:
 
  By:  Collier C.S.H.B. No. 37
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the creation of the criminal offense of mail theft.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 31, Penal Code, is amended by adding
  Section 31.20 to read as follows:
         Sec. 31.20.  MAIL THEFT. (a) In this section:
               (1)  "Disabled individual" and "elderly individual" 
  have the meanings assigned by Section 22.04.
               (2)  "Identifying information" has the meaning
  assigned by Section 32.51.
               (3)  "Mail" means a letter, postal card, package, bag,
  or other sealed article that is delivered by common carrier or a
  delivery service and not yet received by the addressee.
         (b)  A person commits an offense if the person appropriates
  mail without the effective consent of the addressee and with the
  intent to deprive that addressee of the mail.
         (c)  Except as provided by Subsections (d) and (e), an
  offense under this section is:
               (1)  a Class A misdemeanor if the mail is appropriated
  from fewer than 10 addressees;
               (2)  a state jail felony if the mail is appropriated
  from at least 10 but fewer than 30 addressees; or
               (3)  a felony of the third degree if the mail is
  appropriated from 30 or more addressees.
         (d)  If it is shown on the trial of an offense under this
  section that the appropriated mail contained an item of identifying
  information and the actor committed the offense with the intent to
  facilitate an offense under Section 32.51, an offense under this
  section is:
               (1)  a state jail felony if the mail is appropriated
  from fewer than 10 addressees;
               (2)  a felony of the third degree if the mail is
  appropriated from at least 10 but fewer than 20 addressees;
               (3)  a felony of the second degree if the mail is
  appropriated from at least 20 but fewer than 50 addressees; or
               (4)  a felony of the first degree if the mail is
  appropriated from 50 or more addressees.
         (e)  An offense described for purposes of punishment by
  Subsection (d)(1), (2), or (3) is increased to the next higher
  category of offense if it is shown on the trial of the offense that
  at the time of the offense the actor knew or had reason to believe
  that an addressee from whom the actor appropriated mail was a
  disabled individual or an elderly individual.
         (f)  If conduct that constitutes an offense under this
  section also constitutes an offense under another law, the actor
  may be prosecuted under this section, the other law, or both.
         SECTION 2.  This Act takes effect September 1, 2019.
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