TexasSB 164689th Legislature Regular SessionSenate

Relating to criminal conduct involving the theft, damage, or destruction of copper or brass or involving the unauthorized possession of certain copper or brass material, to transactions of metal recycling entities involving certain copper or brass material, to training on identifying certain copper or brass material, and to studying the effect of certain regulations on incidents of theft of copper or brass material; creating criminal offenses; increasing criminal penalties; providing an administrative penalty.

Sponsored By: Charlie Geren, Cole Hefner, Phil King (Republican), Ray Lopez, Jared Patterson, Toni Rose

Signed by Governor

Crimes--Against PropertyCriminal Procedure--GeneralUtilities--GeneralUtilities--TelecommunicationsRECORDS MANAGEMENTSECONDHAND METALSTAFF DEVELOPMENT & TRAININGPUBLIC SAFETY COMMISSIONPUBLIC SAFETY, DEPARTMENT OF

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 2 benefits, 3 costs, 0 mixed.

Felony Penalties for Unauthorized Metal Possession

Intentionally or knowingly possessing covered copper or brass without authorization is a state jail felony. Covered items include power inverters, bus bars, and specified copper wire or cable used by listed utilities and communications providers. Authorized possessors include owners, listed businesses and providers, documented carriers, registered recyclers, lawful construction or salvage possessors, and their agents. Authorization does not protect someone who knows the metal was unlawfully obtained. The offense becomes a third-degree felony for metal unlawfully taken from critical infrastructure, listed prior convictions or related conduct, or firearm possession during the offense. The changes apply to offenses committed on or after September 1, 2025, unless any element occurred earlier.

Higher Penalties for Infrastructure Metal Crimes

Intentionally or knowingly damaging copper or brass infrastructure is a third-degree felony when it impairs or interrupts service. Covered property includes facility parts and connected equipment or communication wires the facility relies on. Copper or brass thefts punishable under Penal Code Section 31.03(e)(4)–(6) move to the next higher offense category. This applies when the metal comes from critical infrastructure or its qualifying equipment or wires. These changes cover offenses committed on or after September 1, 2025; older law applies if any element occurred earlier.

Fewer Local Restrictions on Metal Businesses

Local governments generally cannot restrict covered businesses’ copper or brass purchases, sales, transfers, or possession, or change state recordkeeping rules. Local licensing and inspections remain allowed. Cities may keep qualifying ordinances in effect on March 1, 2025, requiring records in searchable law-enforcement databases. Those databases must help identify and locate damaged or stolen property and related people.

Metal Identification Training for Recycling Businesses

The Texas Department of Licensing and Regulation must develop and provide training materials to metal recycling businesses. The materials help identify covered copper or brass, including possibly stolen items. Development must involve advisory, industry, communications, law-enforcement, prosecutorial, and other listed representatives. Communications-industry representatives helping develop the materials must provide examples of covered metal.

New Metal Purchase Records for Recyclers

Special purchase rules cover recyclers buying qualifying metal from listed businesses, utilities, providers, carriers, recyclers, and construction or salvage operations. They exclude construction-type copper or brass items, copper pipe or tubing, and common household copper wire or cable. Sellers must obtain the metal through ordinary business activities, and their representatives must act within their apparent authority. Recyclers must record weight, seller business name, and transaction date; burned communications wire also needs required proof of fire salvage. Records must be kept for two years and available for inspection within 72 hours of acquisition. Recyclers must allow requested inspections during usual business hours by peace officers, public safety representatives, or qualifying local officials. Intentionally or knowingly failing to keep required records is a Class A misdemeanor; existing purchase rules for other sellers remain unchanged.

Sponsors & Cosponsors

Sponsors

  • Charlie Geren

    House

  • Cole Hefner

    House

  • Phil King

    Republican • Senate

  • Ray Lopez

    House

  • Jared Patterson

    House

  • Toni Rose

    House

Cosponsors

  • Pete Flores

    Republican • Senate

  • Brent Hagenbuch

    Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 350 • No: 5

Senate vote • 5/20/2025

Record vote

Yes: 29 • No: 2

House vote • 5/15/2025

Record vote

Yes: 138 • No: 1

House vote • 5/14/2025

Record vote

Yes: 137 • No: 0

Senate vote • 4/16/2025

Record vote

Yes: 29 • No: 2

Senate vote • 4/16/2025

Record vote

Yes: 0 • No: 0

House vote • Unknown

Committee vote: Homeland Security, Public Safety & Veterans' Affairs

Yes: 11 • No: 0

Senate vote • Unknown

Committee vote: Criminal Justice

Yes: 6 • No: 0

Actions Timeline

  1. Effective immediately

    5/30/2025House
  2. Signed by the Governor

    5/30/2025House
  3. Sent to the Governor

    5/21/2025House
  4. Signed in the House

    5/21/2025House
  5. Signed in the Senate

    5/21/2025Senate
  6. Senate concurs in House amendment(s)-reported

    5/21/2025House
  7. Reported enrolled

    5/20/2025Senate
  8. Record vote

    5/20/2025Senate
  9. Senate concurs in House amendment(s)

    5/20/2025Senate
  10. Read

    5/20/2025Senate
  11. House amendment(s) laid before the Senate

    5/20/2025Senate
  12. House passage as amended reported

    5/15/2025Senate
  13. Statement(s) of vote recorded in Journal

    5/15/2025House
  14. Record vote (RV#2606)

    5/15/2025House
  15. Passed

    5/15/2025House
  16. Read 3rd time

    5/15/2025House
  17. Statement(s) of vote recorded in Journal

    5/14/2025House
  18. Record vote (RV#2576)

    5/14/2025House
  19. Passed to 3rd reading as amended

    5/14/2025House
  20. Amended (1-Hefner)

    5/14/2025House
  21. Read 2nd time

    5/14/2025House
  22. Laid out in lieu of companion (HB 3552)

    5/14/2025House
  23. Committee report sent to Calendars

    5/14/2025House
  24. Committee report distributed

    5/14/2025House
  25. Comte report filed with Committee Coordinator

    5/14/2025House

Bill Text

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