S.B. No. 1646         AN ACT   relating to criminal conduct involving the theft, damage, or   destruction of copper or brass or involving the unauthorized   possession of certain copper or brass material, to transactions of   metal recycling entities involving certain copper or brass   material, to training on identifying certain copper or brass   material, and to studying the effect of certain regulations on   incidents of theft of copper or brass material; creating criminal   offenses; increasing criminal penalties; providing an   administrative penalty.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:   ARTICLE 1. CRIMINAL PENALTIES          SECTION 1.01.  Section 28.03(g), Penal Code, is amended by   adding Subdivision (10) to read as follows:                (10)  "Critical infrastructure facility" has the   meaning assigned by Section 31.01.          SECTION 1.02.  Section 28.03, Penal Code, is amended by   adding Subsection (l) to read as follows:          (l)  Notwithstanding Subsection (b), an offense under this   section is a felony of the third degree if:                (1)  the actor committed the offense by damaging or   destroying:                      (A)  a copper or brass component of a critical   infrastructure facility; or                      (B)  equipment or communication wires appurtenant   to or connected to a copper or brass component of the facility or on   which the facility depends to properly function, regardless of   whether the equipment or communication wires are enclosed by a   fence or other barrier; and                (2)  the damage or destruction causes, wholly or   partly, the impairment or interruption of the facility or the   equipment or communication wires.          SECTION 1.03.  Section 31.01, Penal Code, is amended by   adding Subdivision (15) to read as follows:                (15)  "Critical infrastructure facility" means:                      (A)  one of the following, if completely enclosed   by a fence or other physical barrier that is obviously designed to   exclude intruders, or if clearly marked with a sign or signs that   are posted on the property, are reasonably likely to come to the   attention of intruders, and indicate that entry is forbidden:                            (i)  a petroleum or alumina refinery;                            (ii)  an electrical power generating   facility, substation, switching station, or electrical control   center;                            (iii)  a chemical, polymer, or rubber   manufacturing facility;                            (iv)  a water intake structure, water   treatment facility, wastewater treatment plant, or pump station;                            (v)  a natural gas compressor station;                            (vi)  a liquid natural gas terminal or   storage facility;                            (vii)  a telecommunications central   switching office or any structure used as part of a system to   provide wired or wireless telecommunications services, cable or   video services, or Internet access services;                            (viii)  a port, a railroad switching yard, a   trucking terminal, or any other freight transportation facility;                            (ix)  a gas processing plant, including a   plant used in the processing, treatment, or fractionation of   natural gas;                            (x)  a transmission facility used by a   federally licensed radio or television station;                            (xi)  a steelmaking facility that uses an   electric arc furnace to make steel;                            (xii)  a dam that is classified as a high   hazard by the Texas Commission on Environmental Quality;                            (xiii)  a concentrated animal feeding   operation, as defined by Section 26.048, Water Code; or                            (xiv)  any component of a system:                                  (a)  on which a 9-1-1 service, as   defined by Section 771.001, Health and Safety Code, depends to   properly function; or                                  (b)  that enables interoperable   communications between emergency services personnel, as defined by   Section 22.01, during an emergency or disaster; or                      (B)  if enclosed by a fence or other physical   barrier obviously designed to exclude intruders:                            (i)  any portion of an aboveground oil, gas,   or chemical pipeline;                            (ii)  an oil or gas drilling site;                            (iii)  a group of tanks used to store crude   oil, such as a tank battery;                            (iv)  an oil, gas, or chemical production   facility;                            (v)  an oil or gas wellhead; or                            (vi)  any oil and gas facility that has an   active flare.          SECTION 1.04.  Section 31.03, Penal Code, is amended by   adding Subsection (f-2) to read as follows:          (f-2)  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 was copper or brass; and                (2)  the actor committed the offense by unlawfully   appropriating the property from a critical infrastructure facility   or from equipment or communication wires appurtenant to or   connected to the facility or on which the facility depends to   properly function, regardless of whether the equipment or   communication wires are enclosed by a fence or other barrier.          SECTION 1.05.  Chapter 31, Penal Code, is amended by adding   Section 31.22 to read as follows:          Sec. 31.22.  UNAUTHORIZED POSSESSION OF CERTAIN COPPER OR   BRASS MATERIAL. (a)  In this section:                (1)  "Copper or brass material" has the meaning   assigned by Section 1956.001(4)(A) or (B), Occupations Code.                (2)  "Firearm" has the meaning assigned by Section   46.01.          (b)  A person commits an offense if the person:                (1)  intentionally or knowingly possesses copper or   brass material; and                (2)  is not a person who is authorized under Subsection   (c) to possess the copper or brass material.          (c)  Subject to Subsection (d), a person is authorized to   possess copper or brass material if the person is:                 (1)  the owner of the material;                (2)  a public utility or common carrier;                 (3)  a telecommunications provider as defined by   Section 51.002, Utilities Code;                (4)  a cable service provider as defined by Section   66.002, Utilities Code;                (5)  a video service provider as defined by Section   66.002, Utilities Code;                (6)  a manufacturing, industrial, commercial, retail,   or other business that sells the material in the ordinary course of   the seller's business;                (7)  a carrier-for-hire acting in the course and scope   of the carrier's business with a bill of lading or a contract   verifying transport information;                (8)  a metal recycling entity registered under Chapter   1956, Occupations Code, and acting within the course and scope of   the entity's business;                (9)  a person acting in the ordinary course of the   person's business who lawfully acquires possession of the materials   during construction, remodeling, demolition, or salvage of a   building or other structure in which the materials were installed   or contained; or                (10)  an agent for a person described by Subdivisions   (1)-(9) acting within the course and scope of the agent's authority   to act on behalf of the person.          (d)  Subsection (c) does not apply to a person who knows that   the copper or brass material was unlawfully obtained.          (e)  Except as provided by Subsection (f), an offense under   this section is a state jail felony.          (f)  An offense under this section is a felony of the third   degree if it is shown on the trial of the offense that:                (1)  the copper or brass material was unlawfully   obtained from a critical infrastructure facility; or                (2)  the person:                      (A)  has been previously convicted of an offense   under this section;                      (B)  has been previously convicted of any of the   following offenses with respect to copper or brass material:                            (i)  an offense under Section 28.03 or   31.03;                            (ii)  conspiracy under Section 15.02 to   commit an offense under Section 28.03 or 31.03; or                            (iii)  an offense under Chapter 71;                      (C)  in connection with the offense, engaged in   conduct with respect to copper or brass material constituting:                            (i)  conspiracy under Section 15.02 to   commit an offense under Section 28.03, Section 31.03, or Chapter   71; or                            (ii)  an offense under Chapter 71; or                      (D)  possessed a firearm during the commission of   the offense.          (g)  If conduct constituting an offense under this section   also constitutes an offense under any other law, the actor may be   prosecuted under this section, the other law, or both.          SECTION 1.06.  Section 71.02(a), Penal Code, as amended by   Chapters 269 (S.B. 224), 369 (H.B. 1442), 462 (S.B. 1900), 885 (H.B.   4635), and 910 (H.B. 6), Acts of the 88th Legislature, Regular   Session, 2023, is reenacted and amended to read as follows:          (a)  A person commits an offense if, with the intent to   establish, maintain, or participate in a combination or in the   profits of a combination or as a member of a criminal street gang or   foreign terrorist organization, the person commits or conspires to   commit one or more of the following:                (1)  murder, capital murder, arson, aggravated   robbery, robbery, burglary, theft, aggravated kidnapping,   kidnapping, aggravated assault, aggravated sexual assault, sexual   assault, continuous sexual abuse of young child or disabled   individual, solicitation of a minor, forgery, deadly conduct,   assault punishable as a Class A misdemeanor, burglary of a motor   vehicle, or unauthorized use of a motor vehicle;                (2)  any gambling offense punishable as a Class A   misdemeanor;                (3)  promotion of prostitution, aggravated promotion   of prostitution, or compelling prostitution;                (4)  unlawful manufacture, transportation, repair, or   sale of firearms or prohibited weapons;                (5)  unlawful manufacture, delivery, dispensation, or   distribution of a controlled substance or dangerous drug, or   unlawful possession of a controlled substance or dangerous drug:                      (A)  through forgery, fraud, misrepresentation,   or deception; or                      (B)  with the intent to deliver the controlled   substance or dangerous drug;                (5-a) causing the unlawful delivery, dispensation, or   distribution of a controlled substance or dangerous drug in   violation of Subtitle B, Title 3, Occupations Code;                (5-b) any unlawful possession with intent to deliver a   controlled substance or dangerous drug;                (5-c) [(5-b)] unlawful possession with intent to   deliver a controlled substance listed in Penalty Group 1-B under   Section 481.1022, Health and Safety Code;                (6)  any unlawful wholesale promotion or possession of   any obscene material or obscene device with the intent to wholesale   promote the same;                (7)  any offense under Subchapter B, Chapter 43,   depicting or involving conduct by or directed toward a child   younger than 18 years of age;                (8)  any felony offense under Chapter 32;                (9)  any offense under Chapter 36;                (10)  any offense under Chapter 34, 35, or 35A;                (11)  any offense under Section 37.11(a);                (12)  any offense under Chapter 20A;                (13)  any offense under Section 37.10;                (14)  any offense under Section 38.06, 38.07, 38.09, or   38.11;                (15)  any offense under Section 42.10;                (16)  any offense under Section 46.06(a)(1) or 46.14;                (17)  any offense under Section 20.05, 20.06, or 20.07;                (18)  any offense under Section 16.02;                (19)  any offense punishable under Section 42.03(d) or   (e);                (20) [(19)]  an offense under Section 28.03 that is   punishable under Subsection (b)(4)(E) or (l) of that section;                (21) [(20)]  an offense under:                      (A)  Section 31.21 that is punishable under   Subsection (d) of that section; or                      (B)  Section 31.22 that is punishable under   Subsection (e) of that section;                (22) [(20)]  any offense classified as a felony under   the Tax Code; or                (23) [(21)]  any offense under Section 545.420,   Transportation Code.   ARTICLE 2. REGULATION OF METAL RECYCLING ENTITIES          SECTION 2.01.  Section 1956.001(4), Occupations Code, is   amended to read as follows:                (4)  "Copper or brass material" means:                      (A)  a power inverter, bus bar, or insulated or   noninsulated copper wire or cable that contains copper or an alloy   of copper or zinc and is of the type used by:                            (i)  a public utility or common carrier;                            (ii)  a telecommunications provider as   defined by Section 51.002, Utilities Code;                            (iii)  a cable service provider as defined   by Section 66.002, Utilities Code; or                            (iv)  a video service provider as defined by   Section 66.002, Utilities Code;                      (B)  a copper or brass item of a type commonly used   in construction or by:                            (i)  a public utility;                            (ii)  a telecommunications provider as   defined by Section 51.002, Utilities Code;                            (iii)  a cable service provider as defined   by Section 66.002, Utilities Code; or                            (iv)  a video service provider as defined by   Section 66.002, Utilities Code; or                      (C)  copper pipe or copper tubing.          SECTION 2.02.  Subchapter A-1, Chapter 1956, Occupations   Code, is amended by adding Section 1956.018 to read as follows:          Sec. 1956.018.  TRAINING ON IDENTIFYING CERTAIN COPPER OR   BRASS MATERIAL.  (a)  The department shall develop and make   available to metal recycling entities educational and training   materials to aid the entities in identifying copper or brass   material as defined by Section 1956.131, including copper or brass   material that may be stolen property.          (b)  The educational and training materials must be   developed in coordination with:                (1)  the advisory committee established under Section   1956.017;                (2)  trade associations representing metal recycling   entities;                (3)  representatives of the communications industries   that deploy materials composed of copper or brass material;                (4)  representatives of law enforcement agencies and   the offices of prosecuting attorneys; and                (5)  other interested stakeholders.          (c)  For purposes of developing the educational and training   materials under Subsection (a), the representatives described by   Subsection (b)(3) shall provide examples to the department of   copper or brass material as defined by Section 1956.131.          SECTION 2.03.  Subchapter A-1, Chapter 1956, Occupations   Code, is amended by adding Section 1956.019 to read as follows:          Sec. 1956.019.  STUDY ON EFFECT OF REGULATIONS ON INCIDENTS   OF THEFT OF COPPER OR BRASS MATERIAL. (a) At least once every three   years, the department shall conduct a study on:                (1)  the effect that the implementation of Subchapter   C-2 and similar laws has had on the incidents of theft of copper or   brass material; and                (2)  the manner and extent to which metal recycling   entities are coordinating and cooperating with law enforcement   agencies and prosecutors to assist in preventing and prosecuting   that theft.          (b)  The department shall make available on the department's   publicly accessible Internet website a written report on the study   conducted under Subsection (a).          SECTION 2.04.  Chapter 1956, Occupations Code, is amended by   adding Subchapter C-2 to read as follows:   SUBCHAPTER C-2. TRANSACTIONS INVOLVING CERTAIN COPPER OR BRASS   MATERIAL          Sec. 1956.131.  DEFINITION. Notwithstanding Section   1956.001, in this subchapter, the term "copper or brass material"   does not include:                (1)  the material described by Section 1956.001(4)(B)   or (C); or                (2)  common household insulated or noninsulated copper   wire or cable.          Sec. 1956.132.  APPLICABILITY; EFFECT OF LAW.   (a)  Notwithstanding any other provision of this chapter, this   subchapter applies to the purchase or acquisition, from a person   described by Section 1956.002(1), of copper or brass material.          (b)  This subchapter does not affect any requirement under   Subchapter A-3, including any requirement applicable to the   purchase or acquisition of copper or brass material from a person   not described by Section 1956.002(1).          Sec. 1956.133.  LIMITATION ON PURCHASING OR OTHERWISE   ACQUIRING CERTAIN COPPER OR BRASS MATERIAL. A metal recycling   entity may not purchase or otherwise acquire copper or brass   material from a person described by Section 1956.002(1), unless   each of the following is satisfied:                (1)  the person selling the copper or brass material to   the metal recycling entity acquired it in the ordinary course of the   person's business, including in the ordinary course of business of   any of the following entities:                      (A)  a business that owns the copper or brass   material;                      (B)  a public utility or common carrier;                      (C)  a telecommunications provider as defined by   Section 51.002, Utilities Code;                      (D)  a cable service provider as defined by   Section 66.002, Utilities Code;                      (E)  a video service provider as defined by   Section 66.002, Utilities Code;                      (F)  a manufacturing, industrial, commercial,   retail, or other business that sells the material in the ordinary   course of the seller's business;                      (G)  a carrier-for-hire acting in the course and   scope of the carrier's business with a bill of lading or a contract   verifying transport information;                      (H)  a metal recycling entity registered under   this chapter acting within the course and scope of the entity's   business; or                      (I)  a person acting in the ordinary course of the   person's business who lawfully acquires possession of the materials   during the construction, remodeling, demolition, or salvage of a   building or other structure in which the materials were installed   or contained; and                (2)  any individual acting on behalf of the person   described by Subdivision (1) has apparent authority to enter into   the transaction and is acting in the scope of that authority.          Sec. 1956.134.  CERTAIN RECORDS REQUIRED WHEN PURCHASING OR   OTHERWISE ACQUIRING CERTAIN COPPER OR BRASS MATERIAL; OFFENSE.   (a)  A metal recycling entity shall maintain an accurate record of   each transaction in which the entity purchases or otherwise   acquires copper or brass material from a person described by   Section 1956.133.          (b)  A record meets the requirements of Subsection (a) if it   contains:                (1)  a description of the weight of copper or brass   material purchased or otherwise acquired made in accordance with   the custom of the trade for the material that is the subject of the   transaction;                (2)  the business name of the person from whom the   copper or brass material was purchased or otherwise acquired;                (3)  if the copper or brass material includes insulated   communications wire that has been burned wholly or partly to remove   the insulation, documentation acceptable under the rules adopted   under Subsection (f) that states that the material was salvaged   from a fire; and                (4)  the date of the transaction.          (c)  A metal recycling entity shall preserve each record   required by this section until the second anniversary of the date   the record was made.  The records must be maintained in an easily   retrievable format and must be available for inspection as provided   by Section 1956.135 not later than 72 hours after the time of   purchase or acquisition.          (d)  A record containing the information described by   Subsection (b) that is maintained in accordance with other law or as   a routine business practice satisfies the requirements of   Subsection (a).          (e)  The commission by rule shall prescribe the method by   which a metal recycling entity is required to document in a record   required by this section the type of seller, including a seller   listed in Section 1956.133, from which the entity purchased or   acquired copper or brass material.          (f)  The commission shall adopt rules establishing the type   of documentation that a person described by Section 1956.133 who   sells insulated communications wire described by Subsection (b)(3)   must provide to a metal recycling entity to establish that the wire   was salvaged from a fire.          (g)  A metal recycling entity commits an offense if the   entity intentionally or knowingly fails to maintain a record as   required by this section.  An offense under this subsection is a   Class A misdemeanor.          Sec. 1956.135.  INSPECTION OF RECORDS. On request, a metal   recycling entity shall permit a peace officer, a representative of   the department, or a representative of a county, municipality, or   other political subdivision that issues a license or permit under   Section 1956.003(b) to, during the entity's usual business hours:                (1)  enter the premises of the entity; and                (2)  inspect a record required to be maintained by   Section 1956.134.          Sec. 1956.136.  EFFECT ON LOCAL LAW. (a)  Notwithstanding   Section 1956.003, a county, municipality, or political subdivision   of this state may not:                (1)  with respect to copper or brass material, restrict   the purchase, acquisition, sale, transfer, or possession of the   material by a person described by Section 1956.133; or                (2)  alter or add to the recordkeeping requirements   provided by Section 1956.134.          (b)  Subsection (a) does not affect the authority of a   county, municipality, or political subdivision of this state to:                (1)  issue a license or permit as provided by Section   1956.003; or                (2)  inspect a record as provided by Section 1956.135.          (c)  Subsection (a)(2) does not affect a municipal ordinance   in effect on March 1, 2025, to the extent the ordinance requires a   metal recycling entity to submit records, in addition to any   records required by Section 1956.134, to a searchable online   database that is used by law enforcement to identify and locate   damaged or stolen property and any individuals who may be   associated with the damaged or stolen property.          Sec. 1956.137.  ADMINISTRATIVE PENALTY. (a)  The   commission may impose an administrative penalty under Subchapter R,   Chapter 411, Government Code, on a metal recycling entity that:                (1)  violates Section 1956.133 due to the entity's   failure to exercise due diligence in purchasing or acquiring copper   or brass material; or                (2)  violates Section 1956.134.          (b)  The amount of the administrative penalty may not exceed   $10,000.   ARTICLE 3. TRANSITIONS; EFFECTIVE DATE          SECTION 3.01.  Not later than January 1, 2026, the Public   Safety Commission shall adopt rules necessary to implement the   changes in law made by this Act to Chapter 1956, Occupations Code.          SECTION 3.02.  Not later than September 1, 2028, the   Department of Public Safety of the State of Texas shall complete the   initial study required by Section 1956.019, Occupations Code, as   added by this Act.          SECTION 3.03.  The changes in law made by this Act to the   Penal Code apply only to an offense committed on or after September   1, 2025.  An offense committed before September 1, 2025, 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 September 1, 2025, if   any element of the offense occurred before that date.          SECTION 3.04.  This Act takes effect immediately if it   receives a vote of two-thirds of all the members elected to each   house, as provided by Section 39, Article III, Texas Constitution.     If this Act does not receive the vote necessary for immediate   effect, this Act takes effect September 1, 2025.             ______________________________ ______________________________      President of the Senate Speaker of the House                 I hereby certify that S.B. No. 1646 passed the Senate on   April 16, 2025, by the following vote: Yeas 29, Nays 2; and that   the Senate concurred in House amendments on May 20, 2025, by the   following vote: Yeas 29, Nays 2.       ______________________________   Secretary of the Senate                I hereby certify that S.B. No. 1646 passed the House, with   amendments, on May 15, 2025, by the following vote: Yeas 138,   Nays 1, three present not voting.       ______________________________   Chief Clerk of the House            Approved:     ______________________________                Date       ______________________________              Governor