88R6496 JRR-D     By: Harless H.B. No. 2685       A BILL TO BE ENTITLED   AN ACT   relating to the prosecution of the offense of unlawful use of   criminal instrument or certain devices.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  The heading to Section 16.01, Penal Code, is   amended to read as follows:          Sec. 16.01.  UNLAWFUL USE OF CRIMINAL INSTRUMENT OR CERTAIN   DEVICES [MECHANICAL SECURITY DEVICE].          SECTION 2.  Section 16.01(a), Penal Code, is amended to read   as follows:          (a)  A person commits an offense if:                (1)  the person possesses a criminal instrument, [or]   mechanical security device, motor vehicle key programming device,   or relay hack device with the intent to use the instrument or device   in the commission of an offense; or                (2)  with knowledge of its character and with the   intent to use a criminal instrument, [or] mechanical security   device, motor vehicle key programming device, or relay hack device   or aid or permit another to use the instrument or device in the   commission of an offense, the person manufactures, adapts, sells,   installs, or sets up the instrument or device.          SECTION 3.  Section 16.01(b), Penal Code, is amended by   adding Subdivisions (3), (4), and (5) to read as follows:                (3)  "Motor vehicle" has the meaning assigned by   Section 32.34.                (4)  "Motor vehicle key programming device" means a   device designed or used to electronically communicate with a motor   vehicle for the purpose of programing a blank motor vehicle key fob   that is capable of being used to start and operate the motor   vehicle.                 (5)  "Relay hack device" means a device capable of   intercepting the signal from a motor vehicle key fob for the purpose   of:                      (A)  unlocking the motor vehicle; or                      (B)  remotely activating the ignition of the motor   vehicle.          SECTION 4.  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 5.  This Act takes effect September 1, 2023.