S.B. No. 1828
 
 
 
 
AN ACT
  relating to the creation of the offense of cargo theft.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Article 13.08, Code of Criminal
  Procedure, is amended to read as follows:
         Art. 13.08.  THEFT; ORGANIZED RETAIL THEFT; CARGO THEFT.
         SECTION 2.  Article 13.08(b), Code of Criminal Procedure, is
  amended to read as follows:
         (b)  An offense under Section 31.16 or 31.18, Penal Code, may
  be prosecuted in any county in which an underlying theft could have
  been prosecuted as a separate offense.
         SECTION 3.  Chapter 31, Penal Code, is amended by adding
  Section 31.18 to read as follows:
         Sec. 31.18.  CARGO THEFT. (a)  In this section:
               (1)  "Cargo" means goods, as defined by Section 7.102,
  Business & Commerce Code, that constitute, wholly or partly, a
  commercial shipment of freight moving in commerce.  A shipment is
  considered to be moving in commerce if the shipment is located at
  any point between the point of origin and the final point of
  destination regardless of any temporary stop that is made for the
  purpose of transshipment or otherwise.
               (2)  "Vehicle" has the meaning assigned by Section
  541.201, Transportation Code.
         (b)  A person commits an offense if the person:
               (1)  knowingly or intentionally conducts, promotes, or
  facilitates an activity in which the person receives, possesses,
  conceals, stores, barters, sells, abandons, or disposes of:
                     (A)  stolen cargo; or
                     (B)  cargo explicitly represented to the person as
  being stolen cargo; or
               (2)  is employed as a driver lawfully contracted to
  transport a specific cargo by vehicle from a known point of origin
  to a known point of destination and, with the intent to conduct,
  promote, or facilitate an activity described by Subsection (b)(1),
  knowingly or intentionally:
                     (A)  fails to deliver the entire cargo to the
  known point of destination as contracted; or
                     (B)  causes the seal to be broken on the vehicle or
  on an intermodal container containing any part of the cargo.
         (c)  An offense under this section is:
               (1)  a state jail felony if the total value of the cargo
  involved in the activity is $1,500 or more but less than $10,000;
               (2)  a felony of the third degree if the total value of
  the cargo involved in the activity is $10,000 or more but less than
  $100,000;
               (3)  a felony of the second degree if the total value of
  the cargo involved in the activity is $100,000 or more but less than
  $200,000; or
               (4)  a felony of the first degree if the total value of
  the cargo involved in the activity is $200,000 or more.
         (d)  For purposes of Subsection (c), the total value of the
  cargo involved in the activity includes the value of any vehicle
  stolen or damaged in the course of the same criminal episode as the
  conduct that is the subject of the prosecution.
         (e)  An offense described for purposes of punishment by
  Subsections (c)(1)-(3) is increased to the next higher category of
  offense if it is shown on the trial of the offense that the person
  organized, supervised, financed, or managed one or more other
  persons engaged in an activity described by Subsection (b).
         (f)  It is not a defense to prosecution under this section
  that:
               (1)  the offense occurred as a result of a deception or
  strategy on the part of a law enforcement agency, including the use
  of:
                     (A)  an undercover operative or peace officer; or
                     (B)  a bait vehicle;
               (2)  the actor was provided by a law enforcement agency
  with a facility in which to commit the offense or with an
  opportunity to engage in conduct constituting the offense; or
               (3)  the actor was solicited to commit the offense by a
  peace officer, and the solicitation was of a type that would
  encourage a person predisposed to commit the offense to actually
  commit the offense but would not encourage a person not predisposed
  to commit the offense to actually commit the offense.
         SECTION 4.  This Act takes effect September 1, 2015.
 
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1828 passed the Senate on
  April 29, 2015, by the following vote:  Yeas 30, Nays 1; May 14,
  2015, Senate refused to concur in House amendment and requested
  appointment of Conference Committee; May 20, 2015, House granted
  request of the Senate; May 29, 2015, Senate adopted Conference
  Committee Report by the following vote:  Yeas 29, Nays 2.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1828 passed the House, with
  amendment, on May 11, 2015, by the following vote:  Yeas 135,
  Nays 2, one present not voting; May 20, 2015, House granted request
  of the Senate for appointment of Conference Committee; May 23,
  2015, House adopted Conference Committee Report by the following
  vote:  Yeas 140, Nays 0, two present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
             Date
 
 
  ______________________________ 
            Governor