bill makes gas pump tampering a third-degree felony

The text as introduced · 690 words

89R105 EAS-D

By: Leach
H.B. No. 2461

A BILL TO BE ENTITLED

AN ACT

relating to increasing the criminal penalty for the offense of

criminal mischief involving impairment of or disruption to a retail

motor fuel pump.

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

SECTION 1. Section 28.03(b), Penal Code, is amended to read

as follows:

(b) Except as provided by Subsections (f) and (h), an

offense under this section is:

(1) a Class C misdemeanor if:

(A) the amount of pecuniary loss is less than

$100; or

(B) except as provided in Subdivision (3)(A) or

(3)(B), it causes substantial inconvenience to others;

(2) a Class B misdemeanor if the amount of pecuniary

loss is $100 or more but less than $750;

(3) a Class A misdemeanor if:

(A) the amount of pecuniary loss is $750 or more

but less than $2,500; or

(B) the actor causes in whole or in part

impairment or interruption of any public water supply, or causes to

be diverted in whole, in part, or in any manner, including

installation or removal of any device for any such purpose, any

public water supply, regardless of the amount of the pecuniary

loss;

(4) a state jail felony if the amount of pecuniary loss

is:

(A) $2,500 or more but less than $30,000;

(B) less than $2,500, if the property damaged or

destroyed is a habitation and if the damage or destruction is caused

by a firearm or explosive weapon;

(C) less than $2,500, if the property was a fence

used for the production or containment of:

(i) cattle, bison, horses, sheep, swine,

goats, exotic livestock, or exotic poultry; or

(ii) game animals as that term is defined by

Section 63.001, Parks and Wildlife Code;

(D) less than $30,000 and the actor:

(i) causes wholly or partly impairment or

interruption of property used for flood control purposes or a dam or

of public communications, public transportation, public gas

supply, or other public service; or

(ii) causes to be diverted wholly, partly,

or in any manner, including installation or removal of any device

for any such purpose, any public communications or public gas

supply; or

(E) less than $30,000, if the property is a motor

vehicle that is damaged, destroyed, or tampered with during the

removal or attempted removal of a catalytic converter from the

motor vehicle;

(5) a felony of the third degree if:

(A) the amount of the pecuniary loss is $30,000

or more but less than $150,000;

(B) the actor, by discharging a firearm or other

weapon or by any other means, causes the death of one or more head of

cattle or bison or one or more horses;

(C) the actor causes wholly or partly impairment

or interruption of access to an automated teller machine,

regardless of the amount of the pecuniary loss; [ or ]

(D) the amount of pecuniary loss is less than

$150,000 and the actor:

(i) causes wholly or partly impairment or

interruption of property used for public power supply; or

(ii) causes to be diverted wholly, partly,

or in any manner, including installation or removal of any device

for any such purpose, any public power supply; or

(E) the actor causes wholly or partly impairment

of or disruption to a retail motor fuel pump, regardless of the

amount of pecuniary loss;

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

pecuniary loss is $150,000 or more but less than $300,000; or

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

pecuniary loss is $300,000 or more.

SECTION 2. 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 3. This Act takes effect September 1, 2025.