By: Kuempel, et al. (Senate Sponsor - Hinojosa)	H.B. No. 1178
	(In the Senate - Received from the House April 18, 2017;
	April 19, 2017, read first time and referred to Committee on
	Criminal Justice; May 15, 2017, reported adversely, with favorable
	Committee Substitute by the following vote:  Yeas 8, Nays 0;
	May 15, 2017, sent to printer.)
Click here to see the committee vote
	COMMITTEE SUBSTITUTE FOR H.B. No. 1178	By:  Garcia

	A BILL TO BE ENTITLED
	AN ACT
	relating to the punishment for burglary and theft involving
	controlled substances.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 30.01, Penal Code, is amended by adding
	Subdivisions (4) and (5) to read as follows:
	(4)  "Controlled substance" has the meaning assigned by
	Section 481.002, Health and Safety Code.
	(5)  "Wholesale distributor of prescription drugs"
	means a wholesale distributor, as defined by Section 431.401,
	Health and Safety Code.
	SECTION 2.  Section 30.02, Penal Code, is amended by
	amending Subsection (c) and adding Subsection (c-1) to read as
	follows:
	(c)  Except as provided in Subsection (c-1) or (d), an
	offense under this section is a:
	(1)  state jail felony if committed in a building other
	than a habitation; or
	(2)  felony of the second degree if committed in a
	habitation.
	(c-1)  An offense under this section is a felony of the third
	degree if:
	(1)  the premises are a commercial building in which a
	controlled substance is generally stored, including a pharmacy,
	clinic, hospital, nursing facility, or warehouse; and
	(2)  the person entered or remained concealed in that
	building with intent to commit a theft of a controlled substance.
	SECTION 3.  Section 30.04(d), Penal Code, is amended to read
	as follows:
	(d)  An offense under this section is a Class A misdemeanor,
	except that:
	(1)  the offense is a Class A misdemeanor with a minimum
	term of confinement of six months if it is shown on the trial of the
	offense that the defendant has been previously convicted of an
	offense under this section; [and]
	(2)  the offense is a state jail felony if:
	(A)  it is shown on the trial of the offense that
	the defendant has been previously convicted two or more times of an
	offense under this section; or
	(B)  the vehicle or part of the vehicle broken
	into or entered is a rail car; and
	(3)  the offense is a felony of the third degree if:
	(A)  the vehicle broken into or entered is owned
	or operated by a wholesale distributor of prescription drugs; and
	(B)  the actor breaks into or enters that vehicle
	with the intent to commit theft of a controlled substance.
	SECTION 4.  Section 31.03(e), Penal Code, is amended to read
	as follows:
	(e)  Except as provided by Subsection (f), an offense under
	this section is:
	(1)  a Class C misdemeanor if the value of the property
	stolen is less than $100;
	(2)  a Class B misdemeanor if:
	(A)  the value of the property stolen is $100 or
	more but less than $750;
	(B)  the value of the property stolen is less than
	$100 and the defendant has previously been convicted of any grade of
	theft; or
	(C)  the property stolen is a driver's license,
	commercial driver's license, or personal identification
	certificate issued by this state or another state;
	(3)  a Class A misdemeanor if the value of the property
	stolen is $750 or more but less than $2,500;
	(4)  a state jail felony if:
	(A)  the value of the property stolen is $2,500 or
	more but less than $30,000, or the property is less than 10 head of
	sheep, swine, or goats or any part thereof under the value of
	$30,000;
	(B)  regardless of value, the property is stolen
	from the person of another or from a human corpse or grave,
	including property that is a military grave marker;
	(C)  the property stolen is a firearm, as defined
	by Section 46.01;
	(D)  the value of the property stolen is less than
	$2,500 and the defendant has been previously convicted two or more
	times of any grade of theft;
	(E)  the property stolen is an official ballot or
	official carrier envelope for an election; or
	(F)  the value of the property stolen is less than
	$20,000 and the property stolen is:
	(i)  aluminum;
	(ii)  bronze;
	(iii)  copper; or
	(iv)  brass;
	(5)  a felony of the third degree if the value of the
	property stolen is $30,000 or more but less than $150,000, or the
	property is:
	(A)  cattle, horses, or exotic livestock or exotic
	fowl as defined by Section 142.001, Agriculture Code, stolen during
	a single transaction and having an aggregate value of less than
	$150,000; [or]
	(B)  10 or more head of sheep, swine, or goats
	stolen during a single transaction and having an aggregate value of
	less than $150,000; or
	(C)  a controlled substance, having a value of
	less than $150,000, if stolen from:
	(i)  a commercial building in which a
	controlled substance is generally stored, including a pharmacy,
	clinic, hospital, nursing facility, or warehouse; or
	(ii)  a vehicle owned or operated by a
	wholesale distributor of prescription drugs;
	(6)  a felony of the second degree if:
	(A)  the value of the property stolen is $150,000
	or more but less than $300,000; or
	(B)  the value of the property stolen is less than
	$300,000 and the property stolen is an automated teller machine or
	the contents or components of an automated teller machine; or
	(7)  a felony of the first degree if the value of the
	property stolen is $300,000 or more.
	SECTION 5.  Section 31.03(h), Penal Code, is amended by
	adding Subdivisions (5) and (6) to read as follows:
	(5)  "Controlled substance" has the meaning assigned by
	Section 481.002, Health and Safety Code.
	(6)  "Wholesale distributor of prescription drugs"
	means a wholesale distributor, as defined by Section 431.401,
	Health and Safety Code.
	SECTION 6.  The change in law made by this Act applies 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 occurred
	before that date.
	SECTION 7.  This Act takes effect September 1, 2017.
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