| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the prosecution and punishment of the offense of theft |
|
|
of petroleum product. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 31.19, Penal Code, is amended by adding |
|
|
Subsections (e) and (f) to read as follows: |
|
|
(e) An offense described for purposes of punishment by this |
|
|
section is increased to the next higher category of offense if it is |
|
|
shown on the trial of the offense that the actor: |
|
|
(1) organized, supervised, financed, or managed one or |
|
|
more other persons engaged in conduct constituting an offense under |
|
|
this section; |
|
|
(2) has been previously convicted of an offense under |
|
|
this section; |
|
|
(3) in connection with the offense, engaged in conduct |
|
|
constituting conspiracy under Section 15.02 to commit an offense |
|
|
under Section 28.03; or |
|
|
(4) knowingly possessed a firearm during the |
|
|
commission of the offense. |
|
|
(e-1) If an offense listed under this section is punishable |
|
|
as a felony of the first degree, the punishment for that offense may |
|
|
not be increased under Subsection (e). |
|
|
(f) If conduct that constitutes an offense under this |
|
|
section also constitutes an offense under any other law, the actor |
|
|
may be prosecuted under this section, the other law, or both. |
|
|
SECTION 2. The changes in law made by this Act apply only to |
|
|
an offense committed on or after the effective date of this Act. An |
|
|
offense committed before the effective date of this Act is governed |
|
|
by the law in effect on the date the offense was committed, and the |
|
|
former law is continued in effect for that purpose. For purposes of |
|
|
this section, an offense was committed before the effective date of |
|
|
this Act if any element of the offense was committed before that |
|
|
date. |
|
|
SECTION 3. This Act takes effect September 1, 2025. |