BILL ANALYSIS

Senate Research Center	H.B. 2594
89R14796 MEW-D	By: Metcalf (Creighton)
	Criminal Justice
	5/21/2025
	Engrossed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

Currently Texas statutes fail to recognize Texans' increased reliance on and use of intangible assets, especially in the context of cybercrime. Texas prosecutors face limitations when charging cases involving theft of intangible personal property such as funds from financial institutions and virtual assets (i.e., cryptocurrency). These limitations stem, in part, from unnecessarily narrow venue statutes that often prevent prosecution in the county where the victim resides. Both virtual assets and funds held by financial institutions can exist in a non-physical form, making it infeasible or, at times, practically impossible to prosecute a case in the county where the property was stolen or through or into a county where the property was removed.

H.B. 2594 seeks to enable Texas prosecutors to more capably serve victims of cybercrime, deceptive forms of theft and fraud. Additionally, the language provides consistency in our legal framework by aligning the theft and organized criminal activity venue statutes with statutes for similar offenses such as fraudulent use or possession of identifying information, credit card or debit card abuse, and computer crimes. H.B. 2594 amends Article 13A.251 of the Code of Criminal Procedure to allow prosecution for theft of intangible personal property in the county where the victim resides, the county where the defendant is apprehended, or the county to which the defendant is extradited.

H.B. 2594 amends current law relating to the venue for the prosecution of certain criminal conduct involving theft.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Article 13A.251, Code of Criminal Procedure, by adding Subsection (a-1), to authorize an offense involving theft of intangible personal property to be prosecuted in the county in which the person whose property was unlawfully appropriated resides, in which the defendant is apprehended, or to which the defendant is extradited.

SECTION 2. Amends Article 13A.501, Code of Criminal Procedure, as follows:

Art. 13A.501. ENGAGING IN ORGANIZED CRIMINAL ACTIVITY. Authorizes engaging in organized criminal activity to be prosecuted in:

(1) makes no changes to this subsection;

(2) if the prosecution is based on an offense involving theft of intangible personal property, certain counties;

(3) if the prosecution is based on an offense classified as a felony under Chapter 32 (Fraud), Penal Code, certain counties; or

(4) redesignates existing Subsection 2 as Subsection 4 and makes no further changes.

SECTION 3. Makes application of this Act prospective.

SECTION 4. Effective date: September 1, 2025.