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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of the offense of theft of pipeline |
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equipment, oil and gas equipment, oil, gas, or condensate and the |
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unauthorized purchase or sale of oil, gas, or condensate. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 31.03 (e)(6), Penal Code is amended to |
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read as follows: |
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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 or |
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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; |
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(C) the value of the property stolen is $10,000 or more |
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but less than $200,000 and the property stolen is pipeline |
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equipment or oil and gas equipment as defined by Section 112.001, |
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Natural Resources Code; or |
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(D) the value of the property stolen is $10,000 or more |
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but less than $200,000 and the property stolen is oil or gas as |
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defined by Section 115.001, Natural Resources Code or condensate. |
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SECTION 2. Section 31.03 (f)(2), Penal Code is amended to |
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read as follows: |
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(f) An offense described for purposes of punishment by |
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Subsections (e)(1)-(6) is increased to the next higher category of |
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offense if it is shown on the trial of the offense that: |
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(4) the actor was a Medicare provider in a contractual |
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relationship with the federal government at the time of the offense |
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and the property appropriated came into the actor's custody, |
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possession, or control by virtue of the contractual relationship; |
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or
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(5) during the commission of the offense, the actor |
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intentionally, knowingly, or recklessly: |
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(A) caused a fire exit alarm to sound or |
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otherwise become activated; |
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(B) deactivated or otherwise prevented a fire |
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exit alarm or retail theft detector from sounding; or |
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(C) used a shielding or deactivation instrument |
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to prevent or attempt to prevent detection of the offense by a |
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retail theft detector; or |
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(6) the actor was in a contractual or employment |
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relationship with the owner of the oil, gas, condensate, pipeline |
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equipment, or oil and gas equipment at the time of the offense and |
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the oil, gas, condensate, pipeline equipment, or oil and gas |
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equipment was in the actor's custody, possession, or control by |
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virtue of the contractual or employment relationship. |
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SECTION 3. Section 85.389, Natural Resources Code is |
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amended to read as follows: |
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(b) A person who purchases or sells oil, gas or condensate |
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without first obtaining the required registration or permits from |
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the commission for the sale or purchase of oil, gas or condensate |
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commits an offense. |
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(c)[b] An offense under this section is a felony of the |
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second [third] degree. |
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SECTION 4. This Act takes effect September 1, 2015. |