Legislative Blog

J.B. Williams, J.D.

Catalytic converter theft

A Blog about 88th Legislature Laws

A Bit of Background

The following backgrounds help summarize the author's views on both the general topic: Texas and more specifically 88th Legislature Laws as it relates to that topic.

Brief Summary of Texas

Texas is truly a Republic. There are a multitude of items that to modify the state constitution must be modified. So there are times when Constitutional amendments are on the voting ballots. While I sometimes abhor the wording, the concept that all of those legally able to vote in Texas must vote on the change is a good one. And bills in Texas are generally short, making it easier for everyone to understand.

Summary of 88th Legislature Laws

The blogs here will discuss the laws passed by Congress and signed into law, as well as those, passed by Congress and approved by the voters to become law. There are a multitude of laws and each time I post blogs I will notate here the current effective date if it is different from prior blogs. I am currently posting bills that took effect immediately - those bills total 336. I am currently posting regarding larger bills, so each blog covers a single bill.

Blog Summary

Based upon my understanding of the volume of theft of catalytic converters, I understand the need to increase the penalties for their theft. I also understand the need to know those that are recycling/reselling them. I'm guessing all the tracking with all the entities is merely a means of tracking large volumes. And this won't prevent their theft and sale outside the state of Texas. It merely adds a step to the theft process. And my understanding that is on most thefts, the items are not sold within the state where they are stolen. It does stop thefts from neighboring states from selling their items in Texas. At least it does this in theory.

Catalytic converter theft

Published: 2024-02-16

Act is the Deputy Darren Almendarez Act.

Theft of, damage, destruction, or tampering with a motor vehicle during the removal of or attempted removal of a catalytic converter from the motor vehicle is a state jail felony. It is cited as less than $30,000 of damages. If the loss is greater than $30,000 but less than $150,000, then it is a felony of the third degree, which was the law prior to this modification.

Evidence that the accused previously participated in recent transactions, similar to, the transaction for which they are prosecuting, is admissible for the purpose of showing knowledge or intent.

Being in possession of one or more catalytic convertors that have been removed from a motor vehicle is presumed to be unlaw appropriation of the property unless:

1. they are the owner of each vehicle from which the catalytic converters were removed; or
2. they are in possession in the ordinary course of their business.

The offense is increased to the next higher category of offense, if it is shown at trial that the property stolen was a catalytic converter and the accused was in possession of a firearm during the theft. And the offense is increased if the accused has previously been convicted under this offense, engaged in a conspiracy to steal catalytic converters, or possessed a firearm during the theft.

The department must make publicly available, via its internet website, a list of all registered metal recycling entities. The list must contain the following:

1. entity's name;
2. entity's physical address;
3. name and contact information for a representative of the entity; and
4. a description of the extent they engage in transactions involving catalytic converters.

The advisory committee consists of 15 members:

1. 1 representative of the department;
2. 2 representatives of local law enforcement from different municipalities, each with a populatoin of 500,000 or more;
3. 2 representative of local law enforcement from different municipalities, each with a population of 200,000 or more but less than 500,000;
4. 1 representative of law enforcemeent in a muncipality with a population less than 200,000;
5. 5 representatives of metal recyclying entities, at least 1 of whom has substantial business experience involving the purchase or acquisition of catalytic converters;
6. 2 who represent industries that are impacted by theft of regulated material;
7. 1 sheriff of a county with a population of 500,000 or more; and
8. 1 sheriff of a county with a population of less than 500,000.

To be a metal recycling entity, they must apply to register and disclose to what extent they intend to deal with catalytic converters. And the qualifications for getting a certificate of registration may differ depending on the extent of involvement with catalytic converters. If the entity already holds a license, they must update based upon the new law before they may renew their certificate of registration.

Law surrounding the purchase or acquisition of a catalytic converter removed from a motor vehicle. A metal recycling entity may not buy it unless each of the following is satisfied:

1. one of the following:
   1. the entity selling is an automotive wrecking and salvage yard;
   2. a metal recycling entity registered;
   3. a manufacturer, distributor, converter, or dealer properly licensed;
   4. a shop or garage that is engaged in repairing vehicles;
   5. a used automotive parts recycler properly licensed;
   6. a motor vehicle demolisher;
   7. a school or training program providing instruction on building, repairing, or restoring motor vehicles;
   8. a law enforcement agency;
   9. the National Insurance Crime Bureau;
   10. a business that is located in and regulated by another state or political subdivision of another state; and engaged in one of the above activities;
   11. A business that is located outside the U.S. and operated in a business form recognized by the laws of that jurisdiction and that imports catalytic converters to the US in accordance with proper law;
2. any individual acting on behalf of one of the above entities.

Metal recycling entitles must keep a record of all acquired catalytic converters that show a description of the trade; the business name from whom it was acquired; and the date of purchase. The date must be maintained for a 2 year period. A garage that removes a catalytic converter must maintain a record of the name and address of the vehicle owner, the VIN, and copies of all related invoices. Sales of catalytic converters must be recorded with the description of the trade, the name of the person to whom it was sold; and the date of the transaction. These records must be maintained for 2 years.

 

J.B. Williams, J.D.

4,312 federal laws were passed from 1995 through December 2016.
Along with 88,819 federal rules and regulations.