LEGISLATIVE BUDGET BOARD
Austin, Texas
 
CRIMINAL JUSTICE IMPACT STATEMENT
 
84TH LEGISLATIVE REGULAR SESSION
 
April 5, 2015

TO:
Honorable Drew Darby, Chair, House Committee on Energy Resources
 
FROM:
Ursula Parks, Director, Legislative Budget Board
 
IN RE:
HB3291 by Raymond (Relating to the creation of the offense of theft of pipeline equipment, oil and gas equipment, oil, gas, or condensate and the unauthorized purchase or sale of oil, gas, or condensate.), As Introduced

The provisions of the bill addressing felony sanctions are the subject of this analysis. The bill would amend the Penal Code to enhance the criminal punishment for certain thefts related to oil and gas and oil and gas equipment. Under current law, the thefts applicable to the bill are prosecuted as a state jail felony, third degree felony, or second degree felony depending on the circumstances of the offense. The bill's provisions would enhance all of the applicable offenses to a second degree felony.

The bill would amend the Natural Resources Code to create a new second degree felony offense related to purchasing certain oil and gas-related products without required registration or permits. The bill would also enhance the punishment for a current oil and gas related offense from a third degree felony to a second degree felony. 

The Railroad Commission of Texas estimates approximately 30-60 offenses subject to the bill's theft-related provisions occur per year. In fiscal year 2014, 19 people were arrested, fewer than 10 were placed on felony community supervision, and fewer than 10 were admitted to state correctional institutions for the existing oil and gas-related offense referenced in the bill which would be enhanced from a third degree felony to a second degree felony. Due to the limited estimated number of offenses applicable to the bill's provisions, this analysis assumes the provisions of the bill would not significantly impact state correctional populations, programs, or workloads.





Source Agencies:
LBB Staff:
UP, LM, ESi