bill lowers theft dollar thresholds

The text as introduced · 1,015 words

89R289 MZM-D

By: Morales of Maverick
H.B. No. 1037

A BILL TO BE ENTITLED

AN ACT

relating to the punishment for certain theft offenses.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 31.03(e), Penal Code, is amended to read

as follows:

(e) Except as provided by Subsections (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 $300 [ $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 $300 [ $750 ] or more but less than $750 [ $2,500 ];

(4) a state jail felony if:

(A) the value of the property stolen is $750

[ $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;

(D) the value of the property stolen is less than

$750 [ $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;

(F) the value of the property stolen is less than

$30,000 [ $20,000 ] and the property stolen is:

(i) aluminum;

(ii) bronze;

(iii) copper; or

(iv) brass; or

(G) the cost of replacing 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.

SECTION 2. Section 31.04(e), Penal Code, is amended to read

as follows:

(e) An offense under this section is:

(1) a Class C misdemeanor if the value of the service

stolen is less than $100;

(2) a Class B misdemeanor if the value of the service

stolen is $100 or more but less than $300 [ $750 ];

(3) a Class A misdemeanor if the value of the service

stolen is $300 [ $750 ] or more but less than $750 [ $2,500 ];

(4) a state jail felony if the value of the service

stolen is $750 [ $2,500 ] or more but less than $30,000;

(5) a felony of the third degree if the value of the

service stolen is $30,000 or more but less than $150,000;

(6) a felony of the second degree if the value of the

service stolen is $150,000 or more but less than $300,000; or

(7) a felony of the first degree if the value of the

service stolen is $300,000 or more.

SECTION 3. Section 31.16(c), Penal Code, is amended to read

as follows:

(c) An offense under this section is:

(1) a Class C misdemeanor if the total value of the

merchandise involved in the activity is less than $100;

(2) a Class B misdemeanor if the total value of the

merchandise involved in the activity is $100 or more but less than

$300 [ $750 ];

(3) a Class A misdemeanor if the total value of the

merchandise involved in the activity is $300 [ $750 ] or more but less

than $750 [ $2,500 ];

(4) a state jail felony if the total value of the

merchandise involved in the activity is $750 [ $2,500 ] or more but

less than $30,000;

(5) a felony of the third degree if the total value of

the merchandise involved in the activity is $30,000 or more but less

than $150,000;

(6) a felony of the second degree if the total value of

the merchandise involved in the activity is $150,000 or more but

less than $300,000; or

(7) a felony of the first degree if the total value of

the merchandise involved in the activity is $300,000 or more.

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 occurred before that date.

SECTION 5. This Act takes effect September 1, 2025.