Class A misdemeanor becomes third-degree felony. Starting September 1, 2027.
The bill raises the penalty for breaking into a vehicle when the person steals a firearm during the break-in, making it a third-degree felony instead of a Class A misdemeanor. It touches people prosecuted for vehicle burglary that involves taking a gun, and it borrows the Penal Code's existing definition of firearm. Starting September 1, 2027, these cases carry a much heavier punishment, while offenses committed before that date stay under the old law.
Labels
Labels: ZOMBIE BILL. Died 2 times: 88R SB 1166 by Sen. Birdwell (Did not pass) and 89R SB 872 by Sen. Birdwell (Did not pass). Checked against 88R and 89R only.BACK FROM THE DEAD. Same text as a bill filed before that died: 89R SB 872 by Sen. Birdwell (Did not pass). Filed in 3 sessions, counting this one. Checked against 88R and 89R only.TRY NO. 3. Filed in 3 sessions: 88R, 89R and 90R. Checked against 88R and 89R only.
relating to the punishment for the offense of burglary of a vehicle
involving theft of a firearm; increasing a criminal penalty.
WHAT IT DOES
Class A misdemeanor becomes third-degree felony. Starting September 1, 2027.
The bill raises the penalty for breaking into a vehicle when the person steals a firearm during the break-in, making it a third-degree felony instead of a Class A misdemeanor. It touches people prosecuted for vehicle burglary that involves taking a gun, and it borrows the Penal Code's existing definition of firearm. Starting September 1, 2027, these cases carry a much heavier punishment, while offenses committed before that date stay under the old law.
Data snapshot Nov 10, 2026 at 2:40 AM CST. Grades, charges, quotes and corrections follow the published record.
Subjects
Crimes--Against Property
Criminal Procedure--General
Criminal Procedure--Sentencing & Punishment
Weapons
BURGLARY
Text
The text as introduced · 402 words
90R1765 CJD-F
By: Hagenbuch
S.B. No. 170
A BILL TO BE ENTITLED
AN ACT
relating to the punishment for the offense of burglary of a vehicle
involving theft of a firearm; increasing a criminal penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 30.04(b) and (d), Penal Code, are
amended to read as follows:
(b) For purposes of this section :
(1) "Enter" [ , "enter" ] means to intrude:
(A) [ (1) ] any part of the body; or
(B) [ (2) ] any physical object connected with the
body.
(2) "Firearm" has the meaning assigned by Section
46.01.
(d) An offense under this section is a Class A misdemeanor,
except that:
(1) the offense is a Class A misdemeanor with a minimum
term of confinement of six months if it is shown on the trial of the
offense that the defendant has been previously convicted of an
offense under this section;
(2) the offense is a state jail felony if:
(A) it is shown on the trial of the offense that
the defendant has been previously convicted two or more times of an
offense under this section; or
(B) the vehicle or part of the vehicle broken
into or entered is a rail car; and
(3) the offense is a felony of the third degree if:
(A) the vehicle broken into or entered is owned
or operated by a wholesale distributor of prescription drugs and
the actor breaks into or enters that vehicle with the intent to
commit theft of a controlled substance; [ or ]
(B) it is shown on the trial of the offense that
the actor committed the offense in the course of committing an
offense under Section 20.05(a)(2) ; or
(C) the actor committed theft of a firearm during
the commission of the offense .
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, 2027.