88R4529 JRR-D     By: Alvarado, Whitmire S.B. No. 224       A BILL TO BE ENTITLED   AN ACT   relating to the prosecution of and punishment for theft of a   catalytic converter; increasing a criminal penalty.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  This Act shall be known as the Deputy Darren   Almendarez Act.          SECTION 2.  Section 31.03, Penal Code, is amended by   amending Subsections (c) and (e) and adding Subsection (f-1) to   read as follows:          (c)  For purposes of Subsection (b):                (1)  evidence that the actor has previously   participated in recent transactions other than, but similar to, the   transaction for [that] which the prosecution is based is admissible   for the purpose of showing knowledge or intent and the issues of   knowledge or intent are raised by the actor's plea of not guilty;                (2)  the testimony of an accomplice shall be   corroborated by proof that tends to connect the actor to the crime,   but the actor's knowledge or intent may be established by the   uncorroborated testimony of the accomplice;                (3)  an actor engaged in the business of buying and   selling used or secondhand personal property, or lending money on   the security of personal property deposited with the actor, is   presumed to know upon receipt by the actor of stolen property (other   than a motor vehicle subject to Chapter 501, Transportation Code)   that the property has been previously stolen from another if the   actor pays for or loans against the property $25 or more (or   consideration of equivalent value) and the actor knowingly or   recklessly:                      (A)  fails to record the name, address, and   physical description or identification number of the seller or   pledgor;                      (B)  fails to record a complete description of the   property, including the serial number, if reasonably available, or   other identifying characteristics; or                      (C)  fails to obtain a signed warranty from the   seller or pledgor that the seller or pledgor has the right to   possess the property.  It is the express intent of this provision   that the presumption arises unless the actor complies with each of   the numbered requirements;                (4)  for the purposes of Subdivision (3)(A),   "identification number" means driver's license number, military   identification number, identification certificate, or other   official number capable of identifying an individual;                (5)  stolen property does not lose its character as   stolen when recovered by any law enforcement agency;                (6)  an actor engaged in the business of obtaining   abandoned or wrecked motor vehicles or parts of an abandoned or   wrecked motor vehicle for resale, disposal, scrap, repair,   rebuilding, demolition, or other form of salvage is presumed to   know on receipt by the actor of stolen property that the property   has been previously stolen from another if the actor knowingly or   recklessly:                      (A)  fails to maintain an accurate and legible   inventory of each motor vehicle component part purchased by or   delivered to the actor, including the date of purchase or delivery,   the name, age, address, sex, and driver's license number of the   seller or person making the delivery, the license plate number of   the motor vehicle in which the part was delivered, a complete   description of the part, and the vehicle identification number of   the motor vehicle from which the part was removed, or in lieu of   maintaining an inventory, fails to record the name and certificate   of inventory number of the person who dismantled the motor vehicle   from which the part was obtained;                      (B)  fails on receipt of a motor vehicle to obtain   a certificate of authority, sales receipt, or transfer document as   required by Chapter 683, Transportation Code, or a certificate of   title showing that the motor vehicle is not subject to a lien or   that all recorded liens on the motor vehicle have been released; or                      (C)  fails on receipt of a motor vehicle to   immediately remove an unexpired license plate from the motor   vehicle, to keep the plate in a secure and locked place, or to   maintain an inventory, on forms provided by the Texas Department of   Motor Vehicles, of license plates kept under this paragraph,   including for each plate or set of plates the license plate number   and the make, motor number, and vehicle identification number of   the motor vehicle from which the plate was removed;                (7)  an actor who purchases or receives a used or   secondhand motor vehicle is presumed to know on receipt by the actor   of the motor vehicle that the motor vehicle has been previously   stolen from another if the actor knowingly or recklessly:                      (A)  fails to report to the Texas Department of   Motor Vehicles the failure of the person who sold or delivered the   motor vehicle to the actor to deliver to the actor a properly   executed certificate of title to the motor vehicle at the time the   motor vehicle was delivered; or                      (B)  fails to file with the appropriate county tax   assessor-collector the documents required under Section 501.145,   Transportation Code, in the period provided by that section [of the   county in which the actor received the motor vehicle, not later than   the 20th day after the date the actor received the motor vehicle,   the registration license receipt and certificate of title or   evidence of title delivered to the actor in accordance with   Subchapter D, Chapter 520, Transportation Code, at the time the   motor vehicle was delivered];                (8)  an actor who purchases or receives from any source   other than a licensed retailer or distributor of pesticides a   restricted-use pesticide or a state-limited-use pesticide or a   compound, mixture, or preparation containing a restricted-use or   state-limited-use pesticide is presumed to know on receipt by the   actor of the pesticide or compound, mixture, or preparation that   the pesticide or compound, mixture, or preparation has been   previously stolen from another if the actor:                      (A)  fails to record the name, address, and   physical description of the seller or pledgor;                      (B)  fails to record a complete description of the   amount and type of pesticide or compound, mixture, or preparation   purchased or received; and                      (C)  fails to obtain a signed warranty from the   seller or pledgor that the seller or pledgor has the right to   possess the property; [and]                (9)  an actor who is subject to Section 409, Packers and   Stockyards Act (7 U.S.C. Section 228b), that obtains livestock from   a commission merchant by representing that the actor will make   prompt payment is presumed to have induced the commission   merchant's consent by deception if the actor fails to make full   payment in accordance with Section 409, Packers and Stockyards Act   (7 U.S.C. Section 228b); and                 (10)  an actor in possession of property consisting of   two or more catalytic converters that have been removed from two or   more motor vehicles is presumed to have unlawfully appropriated the   property unless the actor:                      (A)  is the owner of each vehicle from which the   catalytic converters were removed;                      (B)  possessed the catalytic converters in the   ordinary course of engaging in a business that is required to be   licensed or registered, or is otherwise regulated, by this state or   a political subdivision of this state, including:                            (i)  an automotive wrecking and salvage   yard, as defined by Section 234.001, Local Government Code;                            (ii)  a metal recycling entity registered   under Chapter 1956, Occupations Code;                             (iii)  a dealer licensed under Chapter 2301,   Occupations Code; or                            (iv)  a garage or shop that is engaged in the   business of repairing motor vehicles and subject to Chapter 2305,   Occupations Code; or                      (C)  is an employee or agent of a person described   by Paragraph (B) and the actor possessed the catalytic converters   while performing a duty within the scope of that employment or   agency.          (e)  Except as provided by Subsections [Subsection] (f) and   (f-1), 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; or                      (G)  the value of the property stolen is less than   $30,000 and the property stolen is a catalytic converter;                 (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;                      (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.          (f-1)  An offense described for purposes of punishment by   Subsections (e)(4)-(6) is increased to the next higher category of   offense if it is shown on the trial of the offense that:                (1)  the property stolen is a catalytic converter; and                (2)  the actor possessed a firearm during the   commission of the offense.          SECTION 3.  Section 31.03(h), Penal Code, is amended by   adding Subdivisions (7) and (8) to read as follows:                (7)  "Catalytic converter" includes any material   removed from a catalytic converter.                (8)  "Firearm" has the meaning assigned by Section   46.01.          SECTION 4.  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 5.  This Act takes effect September 1, 2023.