Bill Text: TX SB465 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to certain criminal conduct involving a catalytic converter; creating a criminal offense; increasing criminal penalties.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2023-03-21 - Left pending in committee [SB465 Detail]
Download: Texas-2023-SB465-Introduced.html
88R3306 JRR-F | ||
By: Bettencourt | S.B. No. 465 |
|
||
|
||
relating to certain criminal conduct involving a catalytic | ||
converter; creating a criminal offense; increasing criminal | ||
penalties. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 28.03(b), Penal Code, is amended to read | ||
as follows: | ||
(b) Except as provided by Subsections (f) and (h), an | ||
offense under this section is: | ||
(1) a Class C misdemeanor if: | ||
(A) the amount of pecuniary loss is less than | ||
$100; or | ||
(B) except as provided in Subdivision (3)(A) or | ||
(3)(B), it causes substantial inconvenience to others; | ||
(2) a Class B misdemeanor if the amount of pecuniary | ||
loss is $100 or more but less than $750; | ||
(3) a Class A misdemeanor if: | ||
(A) the amount of pecuniary loss is $750 or more | ||
but less than $2,500; or | ||
(B) the actor causes in whole or in part | ||
impairment or interruption of any public water supply, or causes to | ||
be diverted in whole, in part, or in any manner, including | ||
installation or removal of any device for any such purpose, any | ||
public water supply, regardless of the amount of the pecuniary | ||
loss; | ||
(4) a state jail felony if the amount of pecuniary loss | ||
is: | ||
(A) $2,500 or more but less than $30,000; | ||
(B) less than $2,500, if the property damaged or | ||
destroyed is a habitation and if the damage or destruction is caused | ||
by a firearm or explosive weapon; | ||
(C) less than $2,500, if the property was a fence | ||
used for the production or containment of: | ||
(i) cattle, bison, horses, sheep, swine, | ||
goats, exotic livestock, or exotic poultry; or | ||
(ii) game animals as that term is defined by | ||
Section 63.001, Parks and Wildlife Code; [ |
||
(D) less than $30,000 and the actor: | ||
(i) causes wholly or partly impairment or | ||
interruption of property used for flood control purposes or a dam or | ||
of public communications, public transportation, public gas or | ||
power supply, or other public service; or | ||
(ii) causes to be diverted wholly, partly, | ||
or in any manner, including installation or removal of any device | ||
for any such purpose, any public communications or public gas or | ||
power supply; or | ||
(E) less than $30,000, if the property is a motor | ||
vehicle that is damaged, destroyed, or tampered with during the | ||
removal or attempted removal of a catalytic converter from the | ||
motor vehicle; | ||
(5) a felony of the third degree if: | ||
(A) the amount of the pecuniary loss is $30,000 | ||
or more but less than $150,000; | ||
(B) the actor, by discharging a firearm or other | ||
weapon or by any other means, causes the death of one or more head of | ||
cattle or bison or one or more horses; or | ||
(C) the actor causes wholly or partly impairment | ||
or interruption of access to an automated teller machine, | ||
regardless of the amount of the pecuniary loss; | ||
(6) a felony of the second degree if the amount of | ||
pecuniary loss is $150,000 or more but less than $300,000; or | ||
(7) a felony of the first degree if the amount of | ||
pecuniary loss is $300,000 or more. | ||
SECTION 2. Section 31.03(e), Penal Code, is amended to read | ||
as follows: | ||
(e) Except as provided by Subsection (f), an offense under | ||
this section is: | ||
(1) a Class C misdemeanor if the value of the property | ||
stolen is less than $100; | ||
(2) a Class B misdemeanor if: | ||
(A) the value of the property stolen is $100 or | ||
more but less than $750; | ||
(B) the value of the property stolen is less than | ||
$100 and the defendant has previously been convicted of any grade of | ||
theft; or | ||
(C) the property stolen is a driver's license, | ||
commercial driver's license, or personal identification | ||
certificate issued by this state or another state; | ||
(3) a Class A misdemeanor if the value of the property | ||
stolen is $750 or more but less than $2,500; | ||
(4) a state jail felony if: | ||
(A) the value of the property stolen is $2,500 or | ||
more but less than $30,000, or the property is less than 10 head of | ||
sheep, swine, or goats or any part thereof under the value of | ||
$30,000; | ||
(B) regardless of value, the property is stolen | ||
from the person of another or from a human corpse or grave, | ||
including property that is a military grave marker; | ||
(C) the property stolen is a firearm, as defined | ||
by Section 46.01; | ||
(D) the value of the property stolen is less than | ||
$2,500 and the defendant has been previously convicted two or more | ||
times of any grade of theft; | ||
(E) the property stolen is an official ballot or | ||
official carrier envelope for an election; [ |
||
(F) the value of the property stolen is less than | ||
$20,000 and the property stolen is: | ||
(i) aluminum; | ||
(ii) bronze; | ||
(iii) copper; or | ||
(iv) brass; or | ||
(G) the value of the property stolen is less than | ||
$30,000 and the property stolen is a catalytic converter; | ||
(5) a felony of the third degree if the value of the | ||
property stolen is $30,000 or more but less than $150,000, or the | ||
property is: | ||
(A) cattle, horses, or exotic livestock or exotic | ||
fowl as defined by Section 142.001, Agriculture Code, stolen during | ||
a single transaction and having an aggregate value of less than | ||
$150,000; | ||
(B) 10 or more head of sheep, swine, or goats | ||
stolen during a single transaction and having an aggregate value of | ||
less than $150,000; or | ||
(C) a controlled substance, having a value of | ||
less than $150,000, if stolen from: | ||
(i) a commercial building in which a | ||
controlled substance is generally stored, including a pharmacy, | ||
clinic, hospital, nursing facility, or warehouse; or | ||
(ii) a vehicle owned or operated by a | ||
wholesale distributor of prescription drugs; | ||
(6) a felony of the second degree if: | ||
(A) the value of the property stolen is $150,000 | ||
or more but less than $300,000; or | ||
(B) the value of the property stolen is less than | ||
$300,000 and the property stolen is an automated teller machine or | ||
the contents or components of an automated teller machine; or | ||
(7) a felony of the first degree if the value of the | ||
property stolen is $300,000 or more. | ||
SECTION 3. Chapter 31, Penal Code, is amended by adding | ||
Section 31.21 to read as follows: | ||
Sec. 31.21. UNAUTHORIZED POSSESSION OF CATALYTIC | ||
CONVERTER. (a) A person commits an offense if the person: | ||
(1) intentionally or knowingly possesses a catalytic | ||
converter that has been removed from a motor vehicle; and | ||
(2) is not a person who is authorized under Subsection | ||
(b) to possess the catalytic converter. | ||
(b) A person is presumed to be authorized to possess a | ||
catalytic converter that has been removed from a motor vehicle if | ||
the person: | ||
(1) is the owner, as defined by Section 601.002, | ||
Transportation Code, of the vehicle from which the catalytic | ||
converter was removed; | ||
(2) possesses the catalytic converter in the ordinary | ||
course of the person's business, including: | ||
(A) an automotive wrecking and salvage yard, as | ||
defined by Section 234.001, Local Government Code; | ||
(B) a metal recycling entity registered under | ||
Chapter 1956, Occupations Code; | ||
(C) a dealer or converter licensed under Chapter | ||
2301, Occupations Code; | ||
(D) a salvage vehicle dealer licensed under | ||
Chapter 2302, Occupations Code, or a salvage pool operator, as | ||
defined by Section 2302.001 of that code; | ||
(E) a vehicle storage facility licensed under | ||
Chapter 2303, Occupations Code; | ||
(F) a garage or shop that is engaged in the | ||
business of repairing motor vehicles and subject to Chapter 2305, | ||
Occupations Code; | ||
(G) a towing company licensed under Chapter 2308, | ||
Occupations Code; | ||
(H) a used automotive parts recycler, as defined | ||
by Section 2309.002, Occupations Code; | ||
(I) a person who holds a dealer general | ||
distinguishing number under Chapter 503, Transportation Code; | ||
(J) a motor vehicle demolisher, as defined by | ||
Section 683.001, Transportation Code; | ||
(K) a person located in and regulated by another | ||
state, or a political subdivision of another state, in the | ||
performance of a business activity for which a person would be | ||
regulated in the performance of that activity under a law described | ||
in Paragraphs (A) through (J) by this state or a political | ||
subdivision of this state; | ||
(L) a person located in a jurisdiction outside of | ||
the United States that operates in a business form recognized by the | ||
laws of the other jurisdiction and imports catalytic converters | ||
into the United States in accordance with the Harmonized Tariff | ||
Schedule of the United States International Trade Commission; and | ||
(M) a for-hire carrier, including a person who | ||
provides services such as mail, freight, or package delivery by | ||
air, water, rail, or surface transportation; or | ||
(3) is an employee of or independent contractor | ||
providing services to a person described by Subdivision (2) and | ||
possesses the catalytic converter while acting within the course | ||
and scope of the person's employment or independent contractor | ||
services. | ||
(c) The presumption established under Subsection (b) does | ||
not apply to a person described by Subsection (b)(2) or (3) who | ||
knows that the catalytic converter was unlawfully removed from a | ||
motor vehicle or otherwise unlawfully obtained. | ||
(d) Except as provided by Subsection (e), an offense under | ||
this section is a state jail felony. | ||
(e) An offense under this section is a felony of the third | ||
degree if it is shown on the trial of the offense that the person: | ||
(1) has been previously convicted of an offense under | ||
this section; or | ||
(2) in connection with the offense, engaged in conduct | ||
constituting conspiracy under Section 15.02 to commit an offense | ||
under Section 28.03 or 31.03 with respect to a catalytic converter. | ||
(f) If conduct constituting 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 4. Section 71.02(a), Penal Code, is amended to read | ||
as follows: | ||
(a) A person commits an offense if, with the intent to | ||
establish, maintain, or participate in a combination or in the | ||
profits of a combination or as a member of a criminal street gang, | ||
the person commits or conspires to commit one or more of the | ||
following: | ||
(1) murder, capital murder, arson, aggravated | ||
robbery, robbery, burglary, theft, aggravated kidnapping, | ||
kidnapping, aggravated assault, aggravated sexual assault, sexual | ||
assault, continuous sexual abuse of young child or disabled | ||
individual, solicitation of a minor, forgery, deadly conduct, | ||
assault punishable as a Class A misdemeanor, burglary of a motor | ||
vehicle, or unauthorized use of a motor vehicle; | ||
(2) any gambling offense punishable as a Class A | ||
misdemeanor; | ||
(3) promotion of prostitution, aggravated promotion | ||
of prostitution, or compelling prostitution; | ||
(4) unlawful manufacture, transportation, repair, or | ||
sale of firearms or prohibited weapons; | ||
(5) unlawful manufacture, delivery, dispensation, or | ||
distribution of a controlled substance or dangerous drug, or | ||
unlawful possession of a controlled substance or dangerous drug | ||
through forgery, fraud, misrepresentation, or deception; | ||
(5-a) causing the unlawful delivery, dispensation, or | ||
distribution of a controlled substance or dangerous drug in | ||
violation of Subtitle B, Title 3, Occupations Code; | ||
(6) any unlawful wholesale promotion or possession of | ||
any obscene material or obscene device with the intent to wholesale | ||
promote the same; | ||
(7) any offense under Subchapter B, Chapter 43, | ||
depicting or involving conduct by or directed toward a child | ||
younger than 18 years of age; | ||
(8) any felony offense under Chapter 32; | ||
(9) any offense under Chapter 36; | ||
(10) any offense under Chapter 34, 35, or 35A; | ||
(11) any offense under Section 37.11(a); | ||
(12) any offense under Chapter 20A; | ||
(13) any offense under Section 37.10; | ||
(14) any offense under Section 38.06, 38.07, 38.09, or | ||
38.11; | ||
(15) any offense under Section 42.10; | ||
(16) any offense under Section 46.06(a)(1) or 46.14; | ||
(17) any offense under Section 20.05 or 20.06; | ||
(18) any offense under Section 16.02; [ |
||
(19) an offense under Section 28.03 that is punishable | ||
under Subsection (b)(4)(E) of that section; | ||
(20) an offense under Section 31.21 that is punishable | ||
under Subsection (d) of that section; or | ||
(21) any offense classified as a felony under the Tax | ||
Code. | ||
SECTION 5. 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 6. This Act takes effect September 1, 2023. |