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House Bill 3291 |
House Author: Raymond |
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Effective: Vetoed |
Senate Sponsor: Zaffirini et al. |
House Bill 3291 amends the Natural Resources Code to make it a second-degree felony offense for a person who is not a pipeline operator or gatherer authorized to operate by the Railroad Commission of Texas to recklessly possess, transport, remove, deliver, accept, purchase, sell, or physically move oil, gas, or condensate as part of a regulated transaction without an applicable permit, approval, or authorization or a pending request for such a permit, approval, or authorization.
Reason Given for Veto: "Theft of oil and gas is a serious problem facing one of our state's most vital industries. Those responsible should be prosecuted to the fullest extent of the law. I support increasing the criminal penalties for these crimes. And I support providing prosecutors with new tools targeted at theft of oil and gas.
"House Bill 3291 shares these goals, but unfortunately its overly broad language creates severe criminal penalties for conduct that may have nothing to do with theft of oil and gas. For example, the bill would make it a second-degree felony to possess, purchase, or sell oil or gas without the proper Railroad Commission permit. Under current law, such a violation results only in a civil fine - like most other violations of state permitting rules. But under House Bill 3291, the penalty for not having the appropriate Railroad Commission paperwork could be as much as 20 years in prison. And because the crime created by the bill requires only a reckless mental state, a felony conviction could be obtained even if the defendant did not know his paperwork was out of order. Turning paperwork errors into felonies is not the right solution to the very real problem of oil and gas theft."