Read the full stored bill text
89(R) SB 1281 - Enrolled version - Bill Text
S.B. No. 1281
AN ACT
relating to certain criminal offenses involving mail or a mail
receptacle key or lock; creating a criminal offense; increasing a
criminal penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 31.20(a), Penal Code, is amended by
amending Subdivision (3) and adding Subdivision (4) to read as
follows:
(3) "Mail" means a letter, postal card, package, bag,
or other sealed article that:
(A) is delivered by a common carrier or delivery
service and
:
(i) is in transit; or
(ii) has been delivered but
not yet
received by the addressee; or
(B) has been left to be collected for delivery by
a common carrier or delivery service.
(4)
"Negotiable instrument" has the meaning assigned
by Section 3.104, Business & Commerce Code.
SECTION 2. Section 31.20, Penal Code, is amended by
amending Subsections (b) and (d) and adding Subsections (b-1),
(b-2), (b-3), (d-1), and (e-1) to read as follows:
(b) A person commits an offense if the person intentionally
appropriates mail [
from another person's mailbox or premises
]
without the effective consent of the addressee and with the intent
to
:
(1)
deprive that addressee of the mail
; or
(2) steal a negotiable instrument
.
(b-1)
If an actor possesses mail from five or more
addressees, there is a rebuttable presumption that actor
appropriated the mail without the effective consent of the
applicable addressee and with the intent to deprive the addressee
of the mail.
(b-2)
If an actor possesses mail containing a combined total
of five or more negotiable instruments, there is a rebuttable
presumption that the actor:
(1)
appropriated the mail without the effective
consent of the applicable addressee and with the intent to steal the
negotiable instruments; and
(2)
committed the offense under this section with the
intent to facilitate an offense under Chapter 32.
(b-3)
The presumptions established under Subsections (b-1)
and (b-2) do not apply to a business or other commercial entity or
governmental agency that is engaged in a business activity or
governmental function that does not violate a penal law of this
state.
(d) If it is shown on the trial of an offense under
Subsection (b)(1)
[
this section
] that the appropriated mail
contained an item of identifying information and the actor
committed the offense with the intent to facilitate an offense
under Section 32.51,
the
[
an
] offense [
under this section
] is:
(1) a state jail felony if the mail is appropriated
from fewer than 10 addressees;
(2) a felony of the third degree if the mail is
appropriated from at least 10 but fewer than 20 addressees;
(3) a felony of the second degree if the mail is
appropriated from at least 20 but fewer than 50 addressees; or
(4) a felony of the first degree if the mail is
appropriated from 50 or more addressees.
(d-1)
If it is shown on the trial of an offense under
Subsection (b)(2) that the appropriated mail contained a negotiable
instrument and the actor committed the offense with the intent to
facilitate an offense under Chapter 32, the offense is:
(1)
a state jail felony if five or fewer negotiable
instruments are appropriated;
(2)
a felony of the third degree if more than 5 but
fewer than 10 negotiable instruments are appropriated;
(3)
a felony of the second degree if at least 10 but
fewer than 50 negotiable instruments are appropriated; or
(4)
a felony of the first degree if 50 or more
negotiable instruments are appropriated.
(e-1)
An offense described for purposes of punishment by
Subsection (d-1)(1), (2), or (3) is increased to the next higher
category of offense if it is shown on the trial of the offense that
at the time of the offense the actor knew or had reason to believe
that an addressee from whom the actor appropriated a negotiable
instrument was a disabled individual or an elderly individual.
SECTION 3. Subchapter D, Chapter 32, Penal Code, is amended
by adding Section 32.56 to read as follows:
Sec.
32.56.
UNLAWFUL CONDUCT INVOLVING MAIL RECEPTACLE KEY
OR LOCK. (a) In this section:
(1) "Mail" has the meaning assigned by Section 31.20.
(2) "Postal service" means:
(A)
the United States Postal Service or a
contractor of the United States Postal Service; or
(B) any commercial courier that delivers mail.
(b)
A person commits an offense if, with the intent to harm
or defraud another or to deprive another of that person's property,
the person obtains, possesses, duplicates, transfers, or uses a key
or lock adopted by a postal service for any box or other authorized
receptacle for the deposit or delivery of mail.
(c)
An offense under this section is a felony of the third
degree, except that the offense is a felony of the second degree if
it is shown on the trial of the offense that the actor has been
previously convicted of an offense under this section.
SECTION 4. The changes in law made by this Act apply 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 5. This Act takes effect September 1, 2025.
______________________________
______________________________
President of the Senate
Speaker of the House
I hereby certify that S.B. No. 1281 passed the Senate on
March 19, 2025, by the following vote: Yeas 29, Nays 2; and that
the Senate concurred in House amendment on May 30, 2025, by the
following vote: Yeas 30, Nays 1.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1281 passed the House, with
amendment, on May 27, 2025, by the following vote: Yeas 96,
Nays 44, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor