S.B. No. 1281 amends the Texas Penal Code to address criminal offenses related to mail and mail receptacles. 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 addressee's consent, with the intent to deprive the addressee of the mail or to steal a negotiable instrument. The bill also creates rebuttable presumptions regarding the appropriation of mail from multiple addressees or containing multiple negotiable instruments, and specifies that these presumptions do not apply to businesses or governmental entities engaged in lawful activities.

Additionally, the bill introduces a new offense concerning the unlawful conduct involving mail receptacle keys or locks, making it a felony of the third degree to obtain or use such keys or locks with the intent to harm or defraud another. If the offender has a prior conviction under this section, the offense escalates to a felony of the second degree. The bill outlines the penalties for offenses involving the appropriation of mail based on the number of addressees or negotiable instruments involved, with increased penalties if the victim is a disabled or elderly individual. 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)