By: Kuempel, et al. (Senate Sponsor - Hinojosa) H.B. No. 1178
         (In the Senate - Received from the House April 18, 2017;
  April 19, 2017, read first time and referred to Committee on
  Criminal Justice; May 15, 2017, reported adversely, with favorable
  Committee Substitute by the following vote:  Yeas 8, Nays 0;
  May 15, 2017, sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR H.B. No. 1178 By:  Garcia
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the punishment for burglary and theft involving
  controlled substances.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 30.01, Penal Code, is amended by adding
  Subdivisions (4) and (5) to read as follows:
               (4)  "Controlled substance" has the meaning assigned by
  Section 481.002, Health and Safety Code.
               (5)  "Wholesale distributor of prescription drugs"
  means a wholesale distributor, as defined by Section 431.401,
  Health and Safety Code.
         SECTION 2.  Section 30.02, Penal Code, is amended by
  amending Subsection (c) and adding Subsection (c-1) to read as
  follows:
         (c)  Except as provided in Subsection (c-1) or (d), an
  offense under this section is a:
               (1)  state jail felony if committed in a building other
  than a habitation; or
               (2)  felony of the second degree if committed in a
  habitation.
         (c-1)  An offense under this section is a felony of the third
  degree if:
               (1)  the premises are a commercial building in which a
  controlled substance is generally stored, including a pharmacy,
  clinic, hospital, nursing facility, or warehouse; and
               (2)  the person entered or remained concealed in that
  building with intent to commit a theft of a controlled substance.
         SECTION 3.  Section 30.04(d), Penal Code, is amended to read
  as follows:
         (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; [and]
               (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
                     (B)  the actor breaks into or enters that vehicle
  with the intent to commit theft of a controlled substance.
         SECTION 4.  Section 31.03(e), Penal Code, is amended to read
  as follows:
         (e)  Except as provided by Subsection (f), 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 $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 $750 or more but less than $2,500;
               (4)  a state jail felony if:
                     (A)  the value of the property stolen is $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, as defined
  by Section 46.01;
                     (D)  the value of the property stolen is less than
  $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; or
                     (F)  the value of the property stolen is less than
  $20,000 and the property stolen is:
                           (i)  aluminum;
                           (ii)  bronze;
                           (iii)  copper; or
                           (iv)  brass;
               (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; [or]
                     (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 5.  Section 31.03(h), Penal Code, is amended by
  adding Subdivisions (5) and (6) to read as follows:
               (5)  "Controlled substance" has the meaning assigned by
  Section 481.002, Health and Safety Code.
               (6)  "Wholesale distributor of prescription drugs"
  means a wholesale distributor, as defined by Section 431.401,
  Health and Safety Code.
         SECTION 6.  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 7.  This Act takes effect September 1, 2017.
 
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