S.B. No. 1281 amends the Texas Penal Code to address criminal offenses related to mail and mail receptacle keys or locks. The bill redefines "mail" to include items that are in transit or have been delivered but not yet received by the addressee, and introduces the term "negotiable instrument" as defined in the Business & Commerce Code. It establishes that a person commits an offense if they intentionally appropriate mail without the consent of the addressee, with the intent to deprive them of the mail or steal a negotiable instrument. The bill also creates rebuttable presumptions regarding the appropriation of mail from multiple addressees or containing multiple negotiable instruments.
Additionally, the bill introduces a new offense for unlawfully obtaining or using a postal service key or lock, classifying it as a felony of the third degree, escalating to a second-degree felony for repeat offenders. The penalties for offenses involving the appropriation of mail or negotiable instruments are specified based on the number of addressees or instruments involved. The changes in law will apply only to offenses committed on or after the effective date of the Act, which is set for September 1, 2025.
Statutes affected: Introduced: Penal Code 31.20, Penal Code 3.104 (Penal Code 31, Penal Code 3)
Senate Committee Report: Penal Code 31.20, Penal Code 3.104 (Penal Code 31, Penal Code 3)
Engrossed: Penal Code 31.20, Penal Code 3.104 (Penal Code 31, Penal Code 3)
House Committee Report: Penal Code 31.20, Penal Code 3.104 (Penal Code 31, Penal Code 3)
Enrolled: Penal Code 31.20, Penal Code 3.104 (Penal Code 31, Penal Code 3)