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A BILL TO BE ENTITLED
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AN ACT
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relating to increasing the punishment for certain offenses |
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involving oil, gas, or condensate or equipment designed for the |
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exploration or production of oil and gas; creating an offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 85.389, Natural Resources Code, is |
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amended by amending Subsection (b) and adding Subsection (c) to |
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read as follows: |
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(b) A person commits an offense if the person purchases or |
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sells oil, gas, or condensate without the applicable tender or |
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permit of the commission relating to oil or gas or a product or |
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byproduct of oil or gas. |
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(c) An offense under this section is a felony of the second |
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[third] degree. |
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SECTION 2. Section 31.03, Penal Code, is amended by |
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amending Subsection (e) and adding Subsection (f-1) to read as |
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follows: |
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(e) Except as provided by Subsections [Subsection] (f) and |
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(f-1), an offense under 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: |
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(A) $50; or |
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(B) $20 and the defendant obtained the property |
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by issuing or passing a check or similar sight order in a manner |
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described by Section 31.06; |
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(2) a Class B misdemeanor if: |
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(A) the value of the property stolen is: |
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(i) $50 or more but less than $500; or |
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(ii) $20 or more but less than $500 and the |
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defendant obtained the property by issuing or passing a check or |
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similar sight order in a manner described by Section 31.06; |
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(B) the value of the property stolen is less |
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than: |
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(i) $50 and the defendant has previously |
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been convicted of any grade of theft; or |
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(ii) $20, the defendant has previously been |
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convicted of any grade of theft, and the defendant obtained the |
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property by issuing or passing a check or similar sight order in a |
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manner described by Section 31.06; 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 $500 or more but less than $1,500; |
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(4) a state jail felony if: |
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(A) the value of the property stolen is $1,500 or |
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more but less than $20,000, 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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$20,000; |
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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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$1,500 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; |
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(5) a felony of the third degree if the value of the |
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property stolen is $20,000 or more but less than $100,000, 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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$100,000; or |
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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 $100,000; |
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(6) a felony of the second degree if: |
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(A) the value of the property stolen is $100,000 |
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or more but less than $200,000; [or] |
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(B) the value of the property stolen is less than |
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$200,000 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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(C) the value of the property stolen is $10,000 |
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or more but less than $200,000 and the property stolen is: |
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(i) oil and gas equipment or pipeline |
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equipment, as those terms are defined by Section 112.001, Natural |
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Resources Code; |
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(ii) oil or gas, as those terms are defined |
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by Section 115.001, Natural Resources Code; or |
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(iii) condensate, as defined by Section |
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201.001, Tax Code; or |
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(7) a felony of the first degree if the value of the |
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property stolen is $200,000 or more. |
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(f-1) Notwithstanding Subsection (e)(6)(C)(i), (ii), or |
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(iii), an offense described for purposes of punishment by any of |
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those subparagraphs is a felony of the first degree if the actor was |
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employed by or in a contractual relationship with the owner of the |
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equipment or the oil, gas, or condensate and the property |
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appropriated came into the actor's custody, possession, or control |
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by virtue of that employment or contractual relationship. |
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SECTION 3. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 4. This Act takes effect September 1, 2015. |