SB1646 - 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

      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) &#xA0 [Text truncated for display. 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