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