The provisions of the bill addressing felony sanctions are the subject of this analysis.  The bill would amend the Transportation Code to provide exceptions for obtaining a vehicle title for metal recyclers and automotive parts recyclers under certain conditions.  Under the provisions of the bill, the list of behaviors constituting a motor vehicle title offense would be expanded to include certain Transportation Code violations.  The offense would be punishable as a misdemeanor or felony with the punishment increasing in severity based on the number of previous motor vehicle title offense convictions.

A state jail felony is punishable by confinement in a state jail for a term from 180 days to 2 years and, in addition to confinement, an optional fine not to exceed $10,000 or Class A misdemeanor punishment. A Class A misdemeanor is punishable by confinement in county jail for a term not to exceed one year and, in addition to confinement, an optional fine not to exceed $4,000.  A Class B misdemeanor is punishable by confinement in county jail for a term not to exceed 180 days and in addition to confinement, an optional fine not to exceed $2,000.

Expanding the list of behaviors for which a criminal penalty is applied is expected to result in additional demands upon the correctional resources of counties and of the State due to an increase in the number of people placed under supervision in the community or admitted into state correctional institutions. In fiscal year 2018, fewer than ten people were arrested, placed under community supervision, or admitted into state correctional institutions for motor a vehicle title offense under existing statute. This analysis assumes the provisions of the bill addressing felony sanctions would not result in a significant impact on state correctional populations or the demand for state correctional resources.