By: Raymond H.B. No. 3291
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the creation of the offense of theft of pipeline
  equipment, oil and gas equipment, oil, gas, or condensate and the
  unauthorized purchase or sale of oil, gas, or condensate.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 31.03 (e)(6), Penal Code is amended to
  read as follows:
         (6)  a felony of the second degree if:
               (A)  the value of the property stolen is $100,000 or
  more but less than $200,000; [or]
               (B)  the value of the property stolen is less than
  $200,000 and the property stolen is an automated teller machine or
  the contents or components of an automated teller machine;
               (C)  the value of the property stolen is $10,000 or more
  but less than $200,000 and the property stolen is pipeline
  equipment or oil and gas equipment as defined by Section 112.001,
  Natural Resources Code; or
               
               (D)  the value of the property stolen is $10,000 or more
  but less than $200,000 and the property stolen is oil or gas as
  defined by Section 115.001, Natural Resources Code or condensate.
         SECTION 2.  Section 31.03 (f)(2), Penal Code is amended to
  read as follows:
         (f)  An offense described for purposes of punishment by
  Subsections (e)(1)-(6) is increased to the next higher category of
  offense if it is shown on the trial of the offense that:
               (4)  the actor was a Medicare provider in a contractual
  relationship with the federal government at the time of the offense
  and the property appropriated came into the actor's custody,
  possession, or control by virtue of the contractual relationship;
  or
               (5)  during the commission of the offense, the actor
  intentionally, knowingly, or recklessly:
                     (A)  caused a fire exit alarm to sound or
  otherwise become activated;
                     (B)  deactivated or otherwise prevented a fire
  exit alarm or retail theft detector from sounding; or
                     (C)  used a shielding or deactivation instrument
  to prevent or attempt to prevent detection of the offense by a
  retail theft detector; or
               (6)  the actor was in a contractual or employment
  relationship with the owner of the oil, gas, condensate, pipeline
  equipment, or oil and gas equipment at the time of the offense and
  the oil, gas, condensate, pipeline equipment, or oil and gas
  equipment was in the actor's custody, possession, or control by
  virtue of the contractual or employment relationship.
         SECTION 3.  Section 85.389, Natural Resources Code is
  amended to read as follows:
         (b)  A person who purchases or sells oil, gas or condensate
  without first obtaining the required registration or permits from
  the commission for the sale or purchase of oil, gas or condensate
  commits an offense.
         (c)[b]  An offense under this section is a felony of the
  second [third] degree.
         SECTION 4.  This Act takes effect September 1, 2015.